consists in the mere having it in possession without authority

or excuse.

Thus a person is guilty of felony and liable to penal servitude for fourteen years, who without lawful authority or excuse, the proof whereof lies on the accused, has in his custody or possession (or in the case of a banknote, purchases or receives) any forged banknote (a), or any die authorised by law to be used for marking gold or silver articles, or any wares whether of gold, silver, or base metal bearing the impression of such forged die, or any forged stamp or die as defined by the Stamp Duties Act, 1891, or any forged wrapper or label provided by the Commissioners of Inland Revenue, or of Customs and Excise (b). The possession of a forged stamp or die resembling the stamps or dies used under the Local Stamp Act, 1869, is felony punishable by penal servitude for seven years (c).

With regard to the implements of forgery, it is provided that a person is guilty of felony and liable to penal servitude for seven years who without lawful authority or excuse, which it is for him to prove, makes, uses, or knowingly has in possession any paper intended to resemble the special paper used for making banknotes, Treasury bills, or revenue paper, or an instrument for making the same, or who engraves or otherwise makes upon any plate, stone, &c., any words, &c., resembling a banknote or stock, share, or debenture certificate, or any paper so printed (d). And even the possession without lawful authority of genuine special paper used for making Treasury bills or any revenue paper before it has been duly stamped and issued for public use is a misdemeanour punishable by imprisonment for two years or a fine (e).

Power is given to any justice of the peace, upon reasonable cause being shown on oath, to issue a search warrant

(a) For a definition of "banknote," see s. 18. It includes foreign as well as English banknotes, bank post bills, &c.

(b) 3 & 4 Geo. V. c. 27, s. 8.

(c) Ibid.

(d) Ibid. s. 9.

(e) Ibid. ss. 10 and 12, sub-s. 2.

C.L.

17

authorising the search for and seizure of implements or material intended to be used for the forgery of any document (f).

A person is guilty of felony and liable to penal servitude for fourteen years who, with intent to defraud, demands or obtains or causes to be paid or delivered to any person, or endeavours to do so, any money or other property, whether real or personal, under any forged instrument knowing it to be forged, or under any probate or letters of administration knowing that the will on which the probate or letters of administration were granted was forged or that the probate or letters of administration were obtained by any false oath or affidavit (g).

CHAPTER VI.

INJURIES TO PROPERTY.

ONE of the Criminal Consolidation Acts, 1861 (h), deals with arson and malicious injuries to property. Of these offences the present chapter will treat.

ARSON.

Arson at common law was the malicious setting fire to the dwelling-house of another person, or to an outhouse forming part of the same premises as the dwelling-house.

But the offence has been much extended by the above statute, which in different sections deals with setting fire unlawfully and maliciously to:

Churches, chapels, and other places of Divine worship (section 1).

Dwelling-house, any person being therein (section 2) (i). House, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, storehouse, granary, hovel, shed, or farm, or any farm building, or any building or erection used in farming land, or in carrying on any trade or manufacture, with intent thereby to injure or defraud any person (section 3).

Station, warehouse, or other building belonging to any railway, port, dock, or harbour, or any canal or other navigation (section 4).

(h) 24 & 25 Vict. c. 97. When merely a section is quoted in this chapter it must be understood to refer to that statute.

(i) This section has been held to apply although the only person in the house was the prisoner himself. R. v. Pardoe, [1894] 17 Cox, 715.

Public building, as described in the Act (section 5).

All these cases of arson are felonies, punishable by penal servitude to the extent of life. In the case of any other building the maximum penal servitude is fourteen years (k).

Besides the above enactments with regard to setting fire to buildings, there are others dealing with the burning of other kinds of property.

Unlawfully and maliciously setting fire to any matter or thing, being in, against, or under any building, under such circumstances that if the building were thereby set fire to, the offence would amount to felony, is a felony, punishable by penal servitude to the extent of fourteen years (1). But, for a conviction under this section, it is not enough to show that the firing of goods in a building is malicious; it must be shown that, if the house had been set fire to, the firing of the house would have been wilful and malicious; if, therefore, a person maliciously, with intent to injure another by burning his goods, set fire to such goods in his house, that does not amount to a felony under the Act, even though the house catches fire, unless the circumstances are such as to show that the person setting fire to the goods knew that by so doing he would probably cause the house also to take fire, and was reckless whether it did so or not (m). Attempting to set fire to a building or to any matter or thing mentioned above under such circumstances that if the same were set fire to the offender would be guilty of felony is punishable in the same way (n).

Corn, &c.-Setting fire to any crop of hay, grass, corn, grain, or pulse, or of any cultivated vegetable produce, whether standing or cut down, or to any part of any wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern, wheresoever the same may be growing, is a felony,

(k) s. 6. In case of a male under 16 whipping may also be awarded under ss. 1-8, 16-18, 26 and 27, and 42-44.

(1) s. 7.

(m) R. v. Child, [1871] L. R. 1 C. C. R. 307; 40 L. J. M. C. 127; see also R. v. Nattrass, [1882] 15 Cox, 73.

(n) s. 8.

punishable by penal servitude to the extent of fourteen years (o).

Setting fire to any stack of corn, grain, pulse, tares, hay, straw, haulm, stubble, or of any cultivated vegetable produce, or of furze, gorse, heath, fern, turf, peat, coals, charcoal, wood, or bark, or to any steer of wood or bark, is a felony, punishable by penal servitude to the extent of life (p).

Attempting to set fire to anything mentioned in the last two sections under such circumstances that, if the same were set fire to, the offender would be guilty of felony under either of those sections, is a felony punishable by penal servitude to the extent of seven years (q).

Mines.-Setting fire to any mine of cannel coal, anthracite, or other mineral fuel, is a felony, punishable by penal servitude to the extent of life (r). Attempting to do the same under such circumstances, &c. (v. above), is a felony, punishable by penal servitude to the extent of fourteen years (s).

We may notice here certain provisions as to destroying ships:

Setting fire to, casting away, or in anywise destroying any ship or vessel, whether the same be complete or in an unfinished state, is a felony, punishable by penal servitude to the extent of life (t).

An attempt by any overt act to commit any such deed under such circumstances that it would be felony if actually committed is a felony, punishable by penal servitude to the extent of fourteen years (u).

It appears still to remain a felony, punishable with death, to set fire to any of His Majesty's ships of war, military

(0) s. 16. (q) s. 18. (s) 8. 27.

(p) s. 17.

(r) s. 26.
(t) ss. 42, 43.

(u) s. 44.