ing; if there is an interval the goods may be said to be in the true owner's possession, which they are not if immediately taken: per Bramwell B., for 1 Hale P. Č. 510, which created a difficulty, dealt with here by Blackburn J., see Fixtures. In Petch, 14 Cox C. C. 116, 1878: C. C. R., the wrong-doer took the rabbits trapped to another part of the same land, instead of to the head keeper, as was his duty, and placed them in a bag, with the intention of appropriating and carrying them away; a keeper observing him, went and nicked some of them to identify them. There was no abandonment of possession on defendant's part, and he ultimately took them away; and the act of the keeper was not for the purpose of reducing them into the possession of the master. It was held that he could not be convicted of larceny, following Read, 1878: embezzlement of wild rabbits. Cf. Roe, 1870.

Indictment] An indictment for stealing a dead animal should state that it was dead, otherwise it will be intended that it was stolen alive. Edwards, R. & R. 497, 1823; cf. Roe, 11 Cox C. C. 554, 1870: C. C. R., where a dead partridge was alleged, but the proof was that defendant picked it up alive but dying: c. q., as it had never been reduced into possession. So an indictment for stealing two turkeys was held not to be supported by proof of stealing two dead turkeys. Halloway, 1 C. & P. 128, 1823. So on an indictment for stealing a pheasant, value 40s., of the goods, &c. of H. S., all the judges, after much debate, agreed that the conviction was bad; for in larceny of animals fera natura, the indictment must show that they were either 'dead, tame, or confined, otherwise they must be presumed to be in their original state, and it is not sufficient to add of the goods and chattels' of such a one.' Rough, 2 East, P. C. 607, 1779. But where the indictment was for receiving a stolen lamb, and it appeared that it had been killed before it was received, the judges held a conviction good, on the ground that it was immaterial to the offence whether the lamb was alive or dead, his offence and the punishment for it being in both cases the same, and lamb' being the right name in either case.' Puckering, 1 Moo. C. C. 242; 1 Lew. C. C. 302, 1829.

Ownership] This may be illegal, e.g. there may be no licence to possess live pheasants, but there may be enough legal possession to support the indictment: Jones, 3 Burn's Just. (ed. 1845) 1102, 1809.

Eggs See Cox, 1844, above. If any person upon the ground of any other doe take the egs of any faulcon, goshawk, lanner or swan out of the nest, this is not felony, but shall be' punished. Coke, ib.

Statute] By s. 1 (3) of the Larceny A. 1916: Everything which has value and is the property of any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen: Provided that (b) the carcase of a creature wild by nature and not reduced into possession while living shall not be capable of being stolen by the person who has killed such creature, unless after killing it he has abandoned possession of the carcase.' See Cattle.

APPRENTICES, OFFENCES AGAINST.

See under Servants.

ARMS, UNLAWFULLY MAKING, SELLING, &c.

This misdemeanour at common law is committed when the purpose for which the arms are to be used is illegal, e.g. at a seditious public meeting to prevent its being lawfully dispersed: J. Knowles; J. Morris, 1 St. Tr. N. S. 497, 521, 1820: Parliamentary Reform. See Unlawful Assembly.

ARMY, OFFENCES IN.
See Mutiny.

ARREST, ILLEGAL.

This may be a form of assault and battery, which see. Arrest consists of the actual seizure or touching of a person's body with a view to his detention': 9 Halsbury, 296; mere words without touch are not an arrest unless the arrested submits . . . and goes with the arresting officer': ib. An infant under seven cannot, it seems, be arrested': ib., citing Marsh v. Loader, 14 C. B. N. S. 535, 1863 where an infant recovered damages for arrest for felony.

ARSENAL, BURNING OF.
See Arson.

At common law] Arson, which is a felony at common law, is defined by Coke to be the malicious and voluntary burning the house of another, by night or by day. 3 Inst. 66; 1 Hale, P. C. 566.

The setting fire to the house of another, maliciously to burn it, is not at common law a felony, if either by some accident or timely prevention the fire takes not.' 1 Hale, P. Č. 568.

Setting fire to ships of war, &c.] By 12 G. 3, 24, 1: 'If any person or persons shall, either within this realm, or in any of the islands, countries, forts, or places thereunto belonging, wilfully and maliciously set on fire or burn, or otherwise destroy, or cause to be set on fire or burnt, or otherwise destroyed, or aid, procure, abet, or assist in the setting on fire, or burning, or otherwise destroying of any of his Majesty's ships or vessels of war, whether the said ships or vessels of war be on float or building, or begun to be built, in any of his Majesty's dockyards, or building or repairing by contract in any private yards for the use of his Majesty, or any of his Majesty's arsenals, magazines, dock yards, rope yards, victualling offices, or any of the buildings erected therein or belonging thereto; or any timber or materials there placed, for building, repairing, or fitting out of ships, or vessels, or any of his Majesty's military, naval, or victualling stores, or other ammunition of war, or any place or places, where any such military, naval, or victualling stores, or other ammunition of war is, are, or shall be kept, placed or deposited; then the person or persons guilty of any such offence, being therefore convicted in due form of law, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy.' Cf. 7-8 G. 4, 28, 6-7: s. 6 abolished benefit of clergy.'

By s. 2: Any person who shall commit any of the offences before mentioned, in any place out of this realm, may be indicted and tried for the same, either in any shire or county within this realm, in like manner and form as if such offence had been committed within the said shire or county, or in such island, country or place where such offence shall have been actually committed, as his Majesty, his heirs or successors, may deem most expedient for bringing such offender to justice: any law, usage, or custom notwithstanding. Cf. Ships, &c. By 29-30 V. 109, 34, persons subject to that Act (Naval Discipline) are liable to death for setting fire to dockyards, ships, &c.

Setting fire to ships, &c. in London] By s. 104 of 39 G. 3, c. lxix., a local A. for the port of London: if any person or persons whosoever shall wilfully and maliciously set on fire any of the works to be made by virtue of this Act, or any ship or other vessel lying or being in the said canal [across the Isle of Dogs], or in any of the docks, basons, cuts, or other works to be made by virtue of this Act, every person so offending in any of the said cases shall be adjudged guilty of felony without benefit of clergy. . . .

Churches, &c.] By 24-5 V. 97, the Malicious Damage A. 1861, 1: 'Whosoever shall unlawfully and maliciously set fire to any church, chapel, meeting-house or other place of divine worship, shall be guilty of felony, and being convicted thereof, shall be liable to be kept in penal servitude for life,' or to be imprisoned, and, if a male under the age of sixteen years, with or without whipping.'

Dwelling-house] So by s. 2, of any dwelling-house, any person being therein.'

Houses, &c.] By s. 3: Whosoever shall unlawfully and maliciously set fire to any house, stable, coach-house, out-house, warehouse, office, shop, mill, malt-house, hop-oast, barn, store-house, granary, hovel, shed, or fold, or to any farm-building, or to any building or erection used in farming land, or in carrying on any trade or manufacture or any branch thereof, whether the same 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, shall be guilty of felony,' &c., exactly as in s. 1.

Railway stations, their appurtenances, ports, docks, harbours, canals 'or other navigation'] S. 4 provides as s. 1.

Public buildings] S. 5 provides as s. 1, and includes buildings 'devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution.'

Other buildings] than such as are in this Act before mentioned,' s. 6 provides the maximum punishment of penal servitude for fourteen years, with alternatives exactly as in s. 1.

Goods in buildings] By s. 7: 'Whosoever shall unlawfully and maliciously set 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, shall be guilty of felony,' &c., as in s. 6.

Attempting to set fire] So by s. 8, of attempting by any overt act to set fire to any building or any matter or thing' mentioned in s. 7: punishment as in s. 6.

Crops of hay, grass, corn, grain, or pulse, any cultivated vegetable produce, whether standing or cut down, (part of) any wood, coppice, or plantation of trees, heath, gorse, furze, or fern, wheresoever the same may be growing] are within s. 16: punishable as in s. 6.

Stacks of corn, grain, hay, straw, wood, coals, peat, furze, gorse, &c.] are within s. 17. The same punishment as in s. 1.

Attempting to set fire to crops or stacks of corn, &c.] By s. 18, 'by any overt act' attempting to set fire to anything mentioned in ss. 16, 17, under such circumstances that if the same were thereby set fire to the offender would be under either of such sections guilty of felony, shall be guilty of felony.' The maximum punishment is penal servitude for seven years with alternatives as in s. 1.

Coal mines and other mineral fuel'] are within s. 26: punishment

as in s. 1.

Attempt to set fire to a mine] is punished exactly as in s. 6 by s. 27, under such circumstances that if the mine were thereby set fire to the offender would be guilty of felony, shall be guilty of felony.'

Ships or vessels] By ss. 42, 43: Whosoever shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state, shall be guilty of felony,' or '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 has 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': punishment as in s. 1.

Attempts on ships, &c.] S. 44 is framed exactly as s. 27 above, in respect of setting fire to, casting away, or destroying ships, and of punishment.

Malice against owner unnecessary] By s. 58: 'Every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed or otherwise.'

Offender in possession of the property injured] By s. 59: Every provision of this Act not hereinbefore so applied, shall apply to every person who, with intent to injure or defraud any other person, shall do any of the acts herein before made penal, although the offender shall be in possession of the property against or in respect of which such act shall be done.'

Intent to injure, &c. anyone] By s. 60: 'on the trial of any such offence it shall not be necessary to prove an intent to injure or defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to injure or defraud (as the case may be).'

City of London Fire Inquest] See 51-2 V. c. xxxviii. s. 6.

'Setting fire'] To constitute arson at common law there must be an actual burning of the house or of some part of it, though it be not necessary that any part be wholly consumed, or that the fire should have any continuance, but be put out or go out of itself.' East, P. C. 1020; cf. 1 Hale, P. C. 569. In 9 G. 1, 22 (rpd.), the words 'set fire to' are used, and East observes, that he is not aware of any decision which has put a larger construction on those words than prevails at common law. And he afterwards remarks that the actual burning at common law, and the 'setting fire' under the statute, in effect mean the same thing. Ib. 1033. The words set fire to' are used in all the subsequent statutes, so that this passage and the following decisions are still applicable. Indictment under 9 G. 1, 22, for setting fire to an outhouse, commonly called a paper-mill: defendant had set fire to a large quantity of paper, drying in a loft annexed to the mill, but no part of the mill itself was consumed. The judges held that this was not a setting fire to the mill within the A. Taylor,