certain goods in the said policy alleged to be laden on board of the said ship and vessel, and which said policy was then in full force and operation, or as the case may be]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [You may have several counts, alleging the intent in various ways, as above mentioned, and add a general count as in the last form. As to the venue, see ante, p. 66. Felony; transportation for life, or not less than fifteen years; or imprisonment [with or without hard labour, and solitary for not more than one month at a time, or three months in a year, s. 12] for not more than three years. 1 Vict. c. 89, s. 6. An attempt to commit the offence of setting fire to a ship or vessel, is now punishable with transportation for not more than fifteen years,—or imprisonment [with or without hard labour, and solitary for not more than one month at a time or three months in a year, s. 11] for not more than three years. 8 & 9 Vict. c. 25, s. 7. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant set fire to, cast away, or destroyed the ship, as stated in the indictment. See ante, p. 486. And a part owner may be guilty of this offence, or as accessory before the fact in causing it to be done by others. R. v. Phillip, Ry. & M. 263. R. v. Wallace et al., Car. § M. 200. And the accessory may be tried for it, as for a substantive felony, although the principal be not amenable to justice. R. v. Wallace et al., supra. 2. The ownership, as ante, p. 526. 3. The intent to prejudice the owners, or a part owner,-or the owner of goods on board,—or the underwriters who have underwritten a policy of insurance on the ship, freight, or goods, as laid in the indictment. Where a part owner was indicted for setting fire to a ship, with intent to injure the other owners, it was objected that there was no evidence whatever of malice against the other owners, from which the intent could be presumed: but the judges held that as the act of setting fire to the ship must necessarily prejudice the owners, the prisoner must be presumed to have intended that which was the natural result of his act. R. v. Phillip, Ry. & M. 263. If the intent laid be, to prejudice the owner of goods laden on board, evidence must be given that the goods were put on board, and were on board at the time the offence was committed, with proof of ownership. If the intent laid be to prejudice the underwriters, the policy must be produced and proved; and the inception of the risk, as that the ship sailed on the voyage in question, &c., must likewise be proved. And the natural effect of the destruction of the vessel being to prejudice the owners of the ship, the owners of the goods on board, and the underwriters, the fact by itself, if proved to be wilful, will be sufficient evidence that it was done with intent to prejudice those persons respectively. Damaging a Ship otherwise than by Fire. Indictment. The jurors for our Lady the Queen, upon their day of to wit. oath present, that A. B., on the in the year of our Lord - unlawfully, maliciously, and feloniously did [upon the high sea] damage [“ damage otherwise than by fire"] a ship and vessel called the - the property of C. D., [then being upon the high sea], by then [state how the damage was effected], with intent thereby to destroy the said ship and vessel [or to render the said ship and vessel useless]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Where the indictment was objected to, because it did not expressly charge the damage to have been “otherwise than by fire," Patteson, J., held it not to be necessary, the particular mode in which the vessel was damaged being stated. R. v. Bowyer, 4 Car. & P. 559. Felony; transportation for seven years;-or imprisonment [with or without hard labour, s. 27] for not more than two years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the court think fit. 7 & 8 G. 4, c. 30, s. 10. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant wilfully damaged the ship in question, in the manner stated in the indictment; from which the jury may fairly infer malice. It is immaterial whether the ship was complete or in an unfinished state at the time. 7 & 8 G. 4, c. 30, s. 10. 2. The ownership of the ship, as ante, p. 526. If this can a a not be proved, the ship may be stated in the indictment to be the property" of some person or persons to the jurors aforesaid unknown." 3. Circumstances from which the jury may fairly presume that the damage was committed with intent to destroy the ship, or to render it useless. Exhibiting False Lights, to bring a Ship into Danger. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that before and at the time of the committing of the offence hereinafter mentioned, a certain ship, the property of some person or persons to the jurors aforesaid unknown, was sailing upon the high sea, near unto the parish of, in the county of and that A. B., well knowing the premises, on the day of in the year of -, unlawfully and feloniously did exhibit a false light ["false light or signal"], at a certain place within the parish, and county aforesaid, with intent thereby then to bring the said ship into danger: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony, death. 1 Vict. c. 89, s. 5. our Lord Evidence. To maintain this indictment, the prosecutor must prove 1. That a ship was sailing near the coast, and that the defendant exhibited a false light, whilst the ship was in sight of the place where it was exhibited. 2. Circumstances from which the jury may fairly presume that the act was done for the purpose of bringing the ship into danger. Doing anything tending to the Loss of a Ship in Distress. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that before and at the time of the offence hereinafter mentioned, a certain ship, the property of some person or persons to the jurors aforesaid unknown, was sailing upon the high sea, near unto the parish of, in the county of, and was then in distress; and that A. B., well' knowing the premises, but unlawfully and maliciously intending to do something which would tend to the immediate loss and destruction of the said ship, on the day of, in the year of our Lord -, and whilst the said ship was so in distress as aforesaid, unlawfully, maliciously, and feloniously did [here state what was done by the prisoner], the said [act of the prisoner, stating it shortly] as aforesaid, then tending to the immediate loss and destruction of the said ship: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony, death. 1 Vict. c. 89, s. 5. As to destroying buoys or buoy ropes, &c., see stat. 1 & 2 G. 4, c. 75, s. 1. Evidence. To maintain this indictment, the prosecutor must prove 1. That the ship in question was in distress, as stated, and that the prisoner knew it. 2. The act of the prisoner, as stated in the indictment; and if it were wilfully done, the jury may presume it to have been done maliciously. 3. That the act tended to the immediate loss or destruction of the ship. Destroying a Ship in Distress or Wrecked, or Goods belonging to it. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that before and at the time of the committing of the offence hereinafter mentioned, a certain ship, the property of some person or persons to the jurors aforesaid unknown, was stranded and cast on shore [“ in distress or wrecked, stranded or cast on shore"] and that A. B., on the day of, in the year of our Lord -, and whilst the said ship was so stranded and cast on shore, unlawfully, maliciously, and feloniously did destroy a certain part of the said ship, to wit, the of the said ship ["any part of any ship or vessel,- —or any goods, merchandise, or articles of any kind belonging to such ship or vessel"]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for not more than fifteen years, or less than ten ;—or imprisonment [with or without hard labour, and solitary for not more than a month at a time, or three months in a year, s. 12] for not more than three years. 1 Vict. c. 89, s. 8. Evidence. To maintain this indictment, the prosecutor must prove 1. That the ship in question was stranded or cast on shore, as stated. 2. That the part alleged to have been destroyed was destroyed by the prisoner, as charged in the indictment; or that he was present aiding and abetting. And if it be proved to have been wilfully done, the jury may thence fairly presume that it was done maliciously. Impeding a Person saving himself from Wreck. Indictment - The jurors for our Lady the Queen, upon their to wit. oath present, that before and at the time of the committing of the offence hereinafter mentioned, a certain ship, the property of some person or persons to the jury aforesaid unknown, was stranded and cast on shore, [“ in distress or wrecked, stranded or cast on shore"]; and that A. B., on the day of, in the year of our Lord --, feloniously and by force did prevent and impede a certain man to the jurors aforesaid unknown, whilst he the said man was endeavouring to save his life from the said ship, so stranded and cast ashore as aforesaid: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony; transportation for life, or not less than fifteen years; or imprisonment [with or without hard labour, and solitary for not more than one month at a time, or three months in a year, s. 12] for not more than three years. 1 Vict. c. 89, s. 7. Evidence. To maintain this indictment, the prosecutor must prove— |