meaning of the act. The setting fire to crops of hay, grass, corn, &c.,
is punishable by penal servitude for any period not exceeding fourteen
years, but setting fire to stacks of the same, or any cultivated
vegetable produce, or to peat, coals, &c., is regarded as a more serious
offence, and the penal servitude may be for life. For the attempt to
commit the last two offences penal servitude is limited to seven years.
Setting fire to mines of coal, anthracite or other mineral fuel is
visited with the full measure of penalty, and in the case of an attempt
the penal servitude is limited to fourteen years. By the Dockyards, &c.,
Protection Act 1772 it is a felony punishable by death wilfully and
maliciously to set fire to any of His Majesty's ships or vessels of war,
or any of His Majesty's arsenals, magazines, dockyards, rope-yards,
victualling offices or buildings therein, or any timber, material,
stores or ammunition of war therein or in any part of His Majesty's
dominions. If the person guilty of the offence is a person subject to
naval discipline, he is triable by court-martial, and if found guilty, a
sentence of capital punishment may be passed. The Malicious Damage Act
1861, s. 43, also includes as a felony the setting fire to any ship or
vessel, with intent to prejudice any owner or part owner of the vessel,
or of any goods on the same, or any person who has underwritten any
policy of insurance on the vessel, or upon any goods on board the same.
In Scotland the offence equivalent to arson in England is known by the
more expressive name of fire-raising. The crime was punishable capitally
by old consuetudinary law, but it is now no longer capital, and may be
tried in the sheriff court (50 & 51 Vict. c. 35, s. 56). Formerly the
public prosecutor had the privilege of declining to demand capital
punishment, and he invariably did so. _Wilful fire-raising_, which is
the most heinous form of the crime, requires the raising of fire,
without any lawful object, but with the deliberate intention of
destroying certain premises or things, whether directly by the
application of fire thereto, or indirectly by its application to
something contained in or forming part of or communicating with them;
also the intention to destroy premises or things of a certain
description (much as mentioned above); and such premises or things must
be the property of another than the accused. _Wicked, culpable and
reckless fire-raising_ differs from wilful fire-raising in that the fire
is raised _without_ the deliberate intention of destroying premises or
things, but while the accused was engaged in some unlawful act, or while
he was in such a state of passion, excitement or recklessness as not to
care what results might follow from his acts.
Public-domain text, read in full here on John Shaqi.
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