79. For burning a cotton mill (9).

County palatine of Lancaster, to wit, &c. that James Smith, &c. together with divers other ill-disposed persons, whose names are to the said jurors at present unknown, heretofore, to wit, on the 24th day of April, in the 52d, &c. Geo. 3. &c. with force and arms, at Westhoughton, in the county palatine of Lancaster, did feloniously, wilfully, maliciously, and unlawfully, set fire to and burn a certain cotton mill, warehouse, aud shop, situate at Westhoughton aforesaid, in the county palatine aforesaid, and then being in the possession of one Thomas Wroe, and one James Duncuft, with intent thereby to injure the said Thomas Wroe and James Duncuft, (they the said Thomas Wroe and James Duncuft, at the time of committing the felony aforesaid, being liege subjects of our said lord the king,) against the form of the statute, &c. and against the peace, &c. (2d count.) And the jurors, &c. that the said James Smith, &c. and the other ill-disposed persons, whose names are to the said jurors unknown, afterwards, to wit, on the same day and year aforesaid, with force and arms, at Westhoughton aforesaid, in the county aforesaid, did feloniously, wilfully, maliciously, and unlawfully, set fire to and burn a certain mill, to wit, a cotton mill, situate at Westhoughton aforesaid, in the county aforesaid, and then being in the possession of the said Thomas Wroe, &c. (as in the first count.) 3d count, charges the prisoner with setting fire to a certain warehouse, &c.; 4th count with setting fire to a certain shop, &c.

80. For burning his own house, with intent to defraud the insurers (r).

On, &c. with force and arms, at, &c. feloniously, wilfully, maliciously, and unlawfully, did set fire to a cer

(q) This form of indictment was used against several prisoners, who were tried at a special session at Lancaster, May, 1812; it was objected, that a cotton mill was not within the

meaning of the statute, but the objection was overruled.

(r) Under the stat. 43 G. 3. c. 58. s. 1. supra, 417. n. (7). see Gillson's case, Taunt. 95.

tain house, being in the possession of him the said A. B. with intent thereby to injure and defraud the London Assurance of houses (s) or goods from fire, (then and there being a body corporate) against the form of the statute, &c. and against the peace, &c.

$1. Indictment for setting fire to Portsmouth dock-yard, and destroying naval stores.

(Commencement as in pr. 1.) twenty tons weight of hemp, of the value of one hundred pounds, ten cable ropes, each thereof being in length one hundred fathoms, and in circumference three inches, and of the value of eighty pounds, and six tons weight of cordage, of the value of two hundred pounds, the said hemp, cable ropes, and cordage, then and there being naval stores of our said lord the king, and then placed and deposited in a certain building in the dock-yard of our said lord the king, there situate, called the rope-house, feloniously, wilfully, and maliciously, did set on fire and burn, and cause and procure to be set on fire and burnt, against the form of the statute, &c. and against the peace, &c. (2d count, commencement, as in pr. 5.) a certain building erected in the dock-yard of our said lord the king there situate, called the rope-house, feloniously, wilfully, and maliciously did set on fire, and cause and procure to be set on fire, against the form of the statute, &c. and against the peace, &c. (3d count,) a certain building of our said lord the king there situate, in which great quantities of naval stores, that is to say, twenty tons weight of hemp, ten cable ropes, and six tons weight of cordage, of our said lord the king, were then placed and deposited, feloniously, wilfully, and maliciously did set on fire, and cause and procure to be set on fire, against the form of the statute, &c. (t) and against the peace, &c.

82. Indictment for setting fire to a stack of hay.

A certain stack of hay, of and belonging to one to 'T'. P. feloniously, unlawfully, wilfully, and maliciously, did set fire to, against the form of the statute (u), &c. and against the peace, &c.

(3) According to the fact. (4) 12 G. 3. c. 24.

(u) 9 G. 1. c. 22. see p. 417. n. (I).

83. Indictment, at common law, for setting fire to a place of confinement in a borough.

(Commencement as in pr. 1.) a certain building there situate an being, called (the same then and there being the prison of the borough of M. in the county aforesaid), then and there wickedly, wilfully, maliciously, and injuriously, did set fire to, and the same building, called then and there unlawfully, wickedly, and injuriously, did, by such firing, buru, cousume, and destroy, against the peace, &c. (2d count, commencement as in pr. 5.) a certain building there situate and being, called -, then and there wickedly, wilfully, maliciously, and injuriously did set fire to, and the same building, called then and there wickedly and injuriously did, by such firing, burn, consume, and destroy, &c.

84. Indictment for a forcible entry and detainer at com. mon law.

That A. B. late of, &c. yeoman, and C. D. late of the same, labourer, together with divers other evil-disposed persons and disturbers of the peace of our said lord the king, to the number of six and more, (whose names to the jurors aforesaid are as yet unknown,) on, &c. with force and arms, and with a strong hand (t), unlawfully, violently, forcibly, and injuriously, did enter (u) into (state the premises according to the (x) fact,) *then and there being in the peaceable possession of one E. F. and

(i) See 8 T. R. 357. R. v. Wilson et al. 6 Mod. 96. R. v. Dyer.

(u) An indictment under the statutes for a detainer must shew an entry. 1 Haw. c. 64. s. 40. Roll. Ab. 89.

But under the stat. 8 H. 6. it need not be alleged, that the entry was forcible, when a forcible detainer alone is complained of.

(r) The description of the situation is essential, and a va

riance would be fatal, see p. 176. and appendix, notes, 176. If the indictment be framed upon one of the stat. for the purpose of obtaining restitution, the premises must be described with certainty, in order to enable the justices and sheriff to restore the possession; and, therefore, the same degree of certainty is requisite as in a declaration in ejectment, See 1 Haw. c. 64. s. 37.

situate and being in the parish aforesaid, in the county aforesaid; and that the said A. B. and C. D. together with the said other evil-disposed persons, then and there, with force and arms, and with a strong hand (y), unlawfully, violently, forcibly, and injuriously, did expel, amove, and put out the said E. F. from the possession of the said premises, with the appurtenances, and the said E. F. so as aforesaid expelled, amoved, and put out from the possession of the same, with force and arms, and with a strong hand, unlawfully, violently, forcibly, an injuriously, have kept out, from the day and year aforesaid, until the taking of this inquisition, and still do keep out, and other wrongs to the said E. F. then and there did, to the great damage of the said E. F. and against the peace, &c.

85. For a forcible entry into a freehold (z).

(As in pr. 84. to the *) then (a) and there being, the freehold of E. F. and then being in the tenure and occupation of one (b) G. H. and did then and there, with force

(y) The words with force and arms are implied in the words with a strong hand. 1 Haw. c. 64. s. 44.

(2) R. v. Edwards et ux. Trem. P. C. 192. see the stat. p. 425.

(a) An indictment under the stat. 8 H. 6. c. 9. should shew, that the place was the freehold of the party grieved, at the time of the force, and, therefore, it is not sufficient to say, being the freehold of E. F." without the word then, which shews it to have been his freehold at the time of the force, see p. 54. Baude's case, Cro. J. 41. 214. Dy. 69. 1 Haw. c. 64. s.38. It seems to be unnecessary to aver expressly, that the party grieved was seised of the freehold, Haw. c. 64. s. 38.

Trem. P. C. 192.
And it is
unnecessary to shew what par-
ticular estate the party had, or
by what title he held it, for the
injury is to the possession. Ib.

It would be repugnant to allege then and yet being the freehold, since it would imply, that the party was in possession at the time of finding the indictment, and therefore would be inconsistent with the allegation, that the wrong-doer still keeps the party out, 1 Haw. c. 64. s. 39.; and, at all events, no restitution could be awarded, since it would appear that the party complaining had the freehold at the time of the inquisition. Ib.

(b) It has been holden, that an indictment on the stat. 5 and 15 R. 2. need not shew

and arms, unlawfully, with a strong hand, and without judgment recovered (b), disseise (c) the said E. F. and expel and eject the said G. H. from his possession of the same, and with force and arms unlawfully, and with a strong hand, from the day and year aforesaid, until the taking of the inquisition, have kept out, and still (d) do keep out the said F. F. so disseised as aforesaid, and the said G. H. so ejected and expelled as aforesaid from the said premises, with the appurtenances, against the the form of the statute (e), &c. and against the peace, &c.

whose the freehold was at the time of the force, but that it should shew that the entry was made on the possession of some person who had some estate in the premises, either as a freeholder or lessee. 1 Haw. c. 64. s. 38. Yel. 165.

(b) In the original it is sine judicio.

(c) The word disseise is sufficient without either of the words unlawfully or expel, for the word implies an unlawful expulsion. Noy. 125. Cro. J. 32. Cro. Eliz. 86.

(d) To entitle the party grieved to restitution, it must be shewn that the wrong-doer, ousted the party grieved, and that the possession of the wrongdoer continued at the time of finding the indictment; for it would be absurd to award restitution to one who had no possession, and in vain to award it to one who does not appear to have lost it. Salk. 260. Str. 474. 1 Haw. c. 64. s. 41. (e) See the Prec. Trem. 192. and supra, p. 217.

the king defendeth, that none,
from henceforth, make "any
entry into any lands and tene-
ments, but in case where entry
is given by the law; and in
such case, not with strong
hand, nor with multitude of
people, but only in peaceable
and easy manner.
And if any

man, from henceforth, do to
the contrary, and thereof be
duly convict, he shall be pu-
nished by imprisonment of his
body, and thereof ransomed at
the king's will.”

By stat. 15 Rich. 2. c. 2. it is enacted, that the said statute, and all others made against forcible entries, &c. shall be fully executed; and further, that at all times when such forcible entries shall be made, and complaint thereof cometh to the justices of the peace*, or to any of them, the same justices or justice take sufficient power of the county, and go to the place where the force is made; and if they find any that hold such place forcibly, after such entry made, By stat. 5 Rich. 2. ch. 8. they shall be taken and put

For the proceedings upon application to one or more justices, see Burn's Jus. 383. edit. 21.