Arson

Arson, the malicious and wilful burning of the house of another, is at common law of the degree of felony. Some part of the house must be actually burnt; a bare intention or attempt will not constitute the offence, but the burning of any part, however trifling, is sufficient. The burning must be malicious and wilful. If a man by wilfully setting fire to his own house burn that of his neighbour, it will be felony. Barns with corn and hay in them, though distant from a house, are within the definition of a house. The Act of 1861 prescribes on conviction for arson penal servitude for life, or for any term not less than three years (now five years), or to be imprisoned for any time not exceeding two years; the offence of setting fire to goods in buildings in such circumstances that the latter were thereby set on fire, would be felony. Setting fire to mines is visited with the full measure of penalty, and the attempt, to penal servitude for fourteen years. Setting fire or attempts to set fire to ships is punishable by the full penalties already enumerated. Setting fire to Her Majesty's vessels of war is punishable by death. In Scotland the offence equivalent to arson in England is known as wilful fire raising. The statutes above cited do not apply to Scotland. Where the crime is punishable capitally by old Consuetudinary Law, the Public Prosecutor can decline to demand capital punishment, and usually does so.