in the said dwelling-house then and there being, feloniously to steal, take and carry away. And you the said keeper, &c. It is not necessary to state whose goods they were. R. v. Lawes et al., 1 Car. & K. 62.

Breaking and entering a building within the curtilage.] "If any person shall break and enter any building, and steal therein any chattel, money, or valuable security, such building being within the curtilage of a dwelling-house, and occupied there. with, but not being part thereof, according to the provision hereinbefore mentioned," (that is to say, there being no communication between such building and dwelling-house, either immediate, or by means of a covered and inclosed passage leading from the one to the other: see 7 & 8 G. 4, c. 29, s. 13, ante, p. 236:) felony, 7 & 8 G. 4, c. 29, s. 14, transportation for not more than fifteen years, nor less than ten, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 90, s. 2. See R. v. Gilbert et al., 1 Car. & K. 84.

Commitment:-On at –, a certain building of C. D. there situate, feloniously did break and enter (the said building being then within the curtilage of the dwelling-house of the said C. D. there situate, and by the said C. D, then and there occupied therewith, and there being then and there no communication between the said building and the said dwelling-house, either immediate, or by means of any covered and inclosed passage leading from the one to the other ;) and the said A. B. then and there, in the said building, [one silver watch,] of the goods and chattels of the said C. D., feloniously did steal, take, and carry away; against the form of the statute in such case made and provided. And you the said keeper, &c.

Breaking and entering a shop, warehouse, &c.] "If any person shall break and enter any shop, warehouse, or countinghouse, and steal therein any chattel, money, or valuable security:" felony, 7 & 8 G. 4, c. 29, s. 15, transportation for not more than fifteen years nor less than ten, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 90, s. 2. Where a blacksmith, who also dealt in coals, had a room beyond his workshop for holding his coals, and persons wishing to purchase, went to this room for the purpose a person being indicted for stealing coals from this place, as from a shop, Alderson, B. held that this was not a shop within the meaning of stat. 7 & 8 G. 4, c. 29, s. 15; a workshop, such as a blacksmith's or carpenter's shop, was not within the Act. R. v. Saunders, 9 Car. & P. 79. But this has since been ruled otherwise, by Ld. Denman, C. J. R. v. Carter, Car. & K. 173.

situate, feloniously did break and enter, and two silk handkerchiefs, of the value of two shillings, of the goods and chattels of the said C. D., in the said shop then and there being, then and there in the said shop feloniously did steal, take, and carry away; against the form of the statute in such case made and provided. And you the said keeper, &c.

BURIAL.

See "Dead Bodies."

Church or chapel.]

BURNING.

"Whosoever shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the united church of England and Ireland:" felony, transportation for life, or not less than fifteen years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 89, s. 3.

at

Commitment :-On unlawfully, maliciously and feloniously did set fire to a certain [church] there situate; against the form of the statute in such case made and provided. And you the said keeper, &c.

Dwelling-house, any person being therein.] "Whosoever shall unlawfully and maliciously set fire to any dwelling-house, any person being therein :" felony, death. 1 Vict. c. 89, s. 2. Commitment:-On - at —, unlawfully, maliciously, and feloniously did set fire to a certain dwelling-house of C. D. there situate, one E. F. being, at the time of the committing of the said felony, in the said dwelling-house; against the form of the statute in such case made and provided. And you the said keeper, &c.

un

House, outhouse, manufactory, &c.] Whosoever shall, lawfully and maliciously set fire to any house, stable, coachhouse, outhouse, warehouse, office, shop, mill, malthouse, hopoast, barn or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in the possession of the offender, or in the possession

of any other person, with intent thereby to injure or defraud any person:" felony, transportation for life, or not less than fifteen years, or imprisonment with or without hard labour, for not more than three years. 1 Vict. c. 89, s. 3. The word "house" here, seemingly means a dwelling-house only. 2 Arch. Peel's Acts, 3. And therefore where a building erected, not for habitation, but for workmen to take their meals and dry their clothes in, which, had a roof, a door, but no windows, was holden not to be a house, within the meaning of this section, although a person slept in it with the knowledge, but without the permission, of the owner. R. v. England et al., Car. & K. 533. As to what shall be deemed an outhouse, see 2 Arch. Peel's Acts, 3, and R. v. Winter, R. & Ry. 295. R. v. Ellison and Vines, Ry. & M. 336. R. v. Haughton, 5 Car. & P. 555. R. v. Parrott, 6 Id. 402. A pig-stye, in an enclosed yard at the back of the dwelling-house, has been deemed such an outhouse. R. v. James, Car. & K. 303. And as to what shall be deemed a setting fire to a house, &c., see R. v. Parker, 9 Car. & P. 45. R. v. Russell, 1 Car. & M. 541.

Commitment:-On at -, unlawfully, maliciously, and feloniously did set fire to a certain [dwelling-house] of C. D. there situate, with intent then and there [to injure the said C. D., or to defraud a certain insurance company called ;] against the form of the statute in such case made and provided. And you the said keeper, &c.

Farm buildings.] Whoever shall " unlawfully and maliciously set fire to any hovel, shed or fold, or to any farm building, or any building or erection used in farming land, whether the same or any of them respectively shall then be in the possession of the offender or in the possession of any other person,— with intent thereby to injure or defraud any person :"-felony, transportation for life, or for not less than 15 years, or imprisonment [with or without hard labour, see sect. 3, and 1 Vict. c. 89, s. 12,] for not more than three years; 7 & 8 Vict. c. 62, s. 1; and if the offender be a male under the age of eighteen, the court in their discretion may also adjudge him to be publicly or privately whipped, in such manner, and as often, (not exceeding thrice) as they shall direct. Id. s. 3.

Commitment :-On

at —, unlawfully, maliciously, and feloniously did set fire to a certain [farm building, to wit, a cart-house] of C. D. there situate, with intent thereby then and there [to injure the said C. D.; or to defraud a certain insurance company called ;] against the form of the statute in such case made and provided. And you the said keeper, &c.

Hay, straw, implements, &c. in farm buildings.] Whoever shall " unlawfully and maliciously set fire to any hay, straw, wood, or other vegetable produce, being in any farm house or

farm building, or to any implement of husbandry, being in any farm house or farm building,-with intent thereby to set fire to such farm house or farm building, and to injure or defraud any person:"-the same punishment as for unlawfully and feloniously setting fire to the said farm house or farm building, with intent thereby to injure or defraud such person. 7 & 8 Vict. c. 62, 8. 2.

Commitment:-On

at —, unlawfully, maliciously, and feloniously did set fire to certain [hay,] the same being then and there in a certain [farm building, to wit, a -] of C. D. there situate, with intent thereby then and there to set fire to the said farm buildings, and then and there [to injure the said C. D., or to defraud a certain insurance company called ;] against the form of the statute in such case made and provided. And you the said keeper, &c.

"Whosoever shall unlaw

Stacks of corn, hay, wood, &c.] fully and maliciously set fire to any stack of corn, grain, pulse, tares, straw, haulm, stubble, furze, heath, fern, hay, turf, peat, coals, charcoal or wood, or any steer of wood :" felony, transportation for life, or not less than fifteen years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 89, 8. 10. Beans have been holden to be "pulse," within the meaning of the Act. R. v. Woodward, Ry. & M. 323.

Commitment:-On -, at

unlawfully, maliciously, and feloniously did set fire to a certain stack of [wheat,] the property of C. D. then and there being; against the form of the statute in such case made and provided. And you the said keeper, &c.

Crops of corn or pulse, trees, furze, &c.] "If any person shali unlawfully and maliciously set fire to any crop of corn, grain or pulse, whether standing or cut down, or to any part of a wood, coppice or plantation of trees, or to any heath, gorze, furze or fern, wheresoever the same may be growing :" felony, transportation for seven years, or imprisonment with or without hard labour for not more than two years. 7 & 8 G. 4, c. 30, s. 17.

Commitment :-On at, unlawfully, maliciously, and feloniously did set fire to a certain [crop of wheat,] the property of C. D., then and there standing and growing; against the form of the statute in such case made and provided. And you the said keeper, &c.

Coal mines.] "Whosoever shall unlawfully and maliciously set fire to any mine of coal or cannel-coal :" felony, transportation for life, or not less than fifteen years, or imprisonment

with or without hard labour for not more than three years. 1 Vict. c. 89, s. 9. Commitment:-On

at, unlawfully, maliciously, and feloniously did set fire to a certain mine of [coal] of C. D. and others there situate; against the form of the statute in such case made and provided. And you the said keeper, &c.

Ships, whereby life endangered, &c.] "Whosoever shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, either with intent to murder any person, or whereby the life of any person shall be endangered:" felony, death. 1 Vict. c. 89, s. 4. Patteson, J. inclined to think that a pleasure-boat, eighteen feet long, was a vessel within the meaning of the Act. R. v. Bowyer et al., 4 Car. & P. 559. In another case, Alderson, B. doubted whether a barge was so. R. v. Smith, 4 Car. & P. 569.

at

Commitment:-On unlawfully, maliciously, aud feloniously did [set fire to] a certain ship called the the property of C. D. [upon the high seas,] then and there being, [with intent in so doing, one E. F. then and there feloniously, wilfully, and of his malice aforethought to kill and murder, or, whereby the life of one E. F. was then and there greatly endangered;] against the form of the statute in such case made and provided. And you the said keeper, &c.

Ships, with intent to destroy them.] "Whosoever shall unlawfully and maliciously set fire to, or in anywise destroy, any ship or vessel, with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same:" felony, transportation for life, or not less than fifteen years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 89, s. 6. As to the meaning of the word "vessel," vide supra.

Commitment :-On —, at -, unlawfully, maliciously, and feloniously did [set fire to] a certain ship called the· the property of C. D. [upon the high seas then and there being,] with intent thereby then and there to prejudice [the said C. D. the owner thereof, or one E. F., the owner of certain goods on board thereof, or one G. H. and J. K. who had before then severally underwritten a certain policy of insurance upon ;] against the form of the statute in such case made and provided. And you the said keeper, &c.