§ 13. The removal from the county in which he was appointed shall vacate the office of such person so appointed, or he may resign or decline the appointment, and thereupon the vacancy shall be filled by the court. Id. § 3. C. V. 1860, ch. 201, § 13; Acts 1866-7, p. 819, § 13.

§ 14. The jurisdiction and authority of said police shall extend no further than the limits of the county in which they are appointed; and a copy of the order of appointment, made by the court, attested by the clerk of such court, shall in all cases be received as evidence of their official character. (Id. § 4. C. V. 1860, ch. 201. § 14; Acts 1866–7, p. 917, § 14.) § 15. It shall be the duty of said special police so appointed, and they are hereby authorized to apprehend and convey, before a justice of the peace, to be dealt with according to law, all persons whom they may be, by the warrant of a justice, directed to apprehend, or whom they have cause to suspect have violated the laws of the State, or intend so to do; aud they shall be authorized to search for stolen property at any time, upon the application of any one who will make affidavits before the captain, or any member of such police, or a justice of the peace, that he has lost property of a certain description, and that he has reason to suspect that it is concealed in the house or on the premises of a certain named person or persons. Id. § 5. C. V. 1860, ch. 201, § 15; Acts 1866-7, p. 917, § 15.

§ 16. In all cases arising under this act, the justice before. whom the person or persons so arrested shall be brought, shall examine into the case, and dispose of the same according to law; and if he think the person so apprehended should be bound over to keep the peace and be of good behaviour, he shall order him or her to enter into recognizance to that effect, in the manner now prescribed by law. (Id. § 6, p. 173. C. V. 1860, ch. 201, § 16. Acts 1866-7, p. 918, § 16.)

§ 17. Before entering upon the discharge of their duties, the persons so appointed, in addition to an oath to be faith

ful and true to this Commonwealth, and to support the Constitution thereof, shall take an oath faithfully to discharge their duties. (Id. § 7. C. V. 1860, ch. 201, § 17. Acts 1866-7, p. 918, § 17.);

§ 18. The county courts may, if they see proper, allow compensation to said police, or any expense incurred in the discharge of their duties, to be paid out of the county levy. (Id. § 8. C. V. 1860, ch. 201, § 18. Acts 1866-7, p. 918, § 18.)

§ 19. The said officer or officers shall have power and authority to require any person to aid in making such arrests, as sheriffs are now authorized by law. (Id. § 9. C. V. 1860, ch. 201, § 19. Acts 1866-7, p. 918, § 19.)

Police regulations for watering places.

§ 20. The county court, or the judge of the circuit court of any county in which any watering place may be located, may, upon the application of the owners or proprietors of such watering place, appoint some citizen of the Commonwealth conservator of the peace, whose jurisdiction shall extend over the grounds attached to such watering place, within such limits as shall be prescribed in the order appointing such conservator. (Id. ch. 64, § 1, p. 173. C. V. 1860, ch. 201, § 20. Acts 1866-7, p. 918, § 20.)

§ 21. Such conservator shall have power to prescribe such police regulations, not inconsistent with the laws of the Commonwealth, as may be expedient for the preservation of the peace and good order of such watering place, and shall keep such regulations posted at some public place within his jurisdiction. (Id. § 2, p. 174. C. V. 1860, ch. 201, § 21. Acts 1866-7, p. 918, § 21.)

§ 22. Such conservator of the peace shall hold his office for one year from the time of his appointment, and within the limits prescribed for his jurisdiction, shall be a conservator of the peace; and the violation of any regulation prescribed and published in the manner required by the

preceding section of this act, shall be held to be sufficient cause for recognizing the violator to answer the same, and to be of good behavior, or to keep the peace, as may seem proper. (Id. § 3. C. V. 1860, ch. 201, § 22. Acts 1866-7, p. 918, § 22.)

§ 23. And such court shall have power and is hereby authorized to appoint some citizen a policeman, whose power and duties shall be the same as those of a constable, except that he shall not have authority to execute civil process. Before the said conservator of the peace and policeman shall perform the duties of their respective offices, they shall take the oaths prescribed by law, before the court making the appointment, or before a justice of the peace. C. V. 1860, ch. 201, § 23. Acts 1866-7, p. 918, § 23.)

(Id. § 4.

Burning houses and other property.

any free person, in the night, maliciously burn' the

1 In an indictment for arson, it is not sufficient to use the words "set fire" to the house; but the word "burn" must be used, where that is the word employed in the statute to define the offence. Howel v. Com., 5

To constitute arson at common law, it must be proved that there was an

dwelling-house of another, or any jail or prison,3 or maliciously set fire to any thing, by the burning whereof such dwelling-house, jail or prison, shall be burnt in the night, he shall be punished with death; but if the jury find that, at the time of committing the offence, there was no person in the dwelling-house, jail or prison, the offender shall be confined in the penitentiary not less than five nor more than ten years. (1 R. C. p. 587, ch. 160, § 1. Acts 1845-6, p. 65, ch. 90; 1847-8, p. 99, § 1.)

actual burning of the house, or of some part of it, though it is not necessary that any part should be wholly consumed, or that the fire should have any continuance; and the offence will be complete, though the fire be put out or go out of itself. 2 East. P. C. 1020; 1 Hale P. C. 569; 2 Russell on Cr. 548; Whart. Am. Crim. Law. § 1659; Davis' Crim. Law 115.

In the case of The People v. Butler, 16 John. 203, the house was not entirely burnt, (only two or three of the stairs being consumed.) Yet the prisoner was held guilty of the offence of "burning" a dwelling-house. See Com. v. Van Schaack, 16 Mass. R. 105; State v. Sandy (a slave), 3 Iredell 570,

2 In an indictment at common law, it is not necessary to state that the house burnt was a dwelling-house; for the word house imports it; and if, upon the trial, it appears that it was not a house upon which arson could be committed, it is the duty of the judges to direct the jury to acquit the prisCom. v. Posey, 4 Call, 109.

oner.

3 Indictment, for arson, describes the house burned as "the county jail and prison of the county of H., being the house of L. J., sheriff and jailor of the said county:" Held, the burning of such jail is felony by the statute, 1 Rev. Code, ch. 160, § 4, and whether the jail may be properly laid to be the house of the sheriff and jailor or not, that part of the description is unnecessary, and may be rejected as surplusage. Stevens v. Com., 4, Leigh 683. Common jail and county prison in the county of Q. K., is a sufficient description. Com. v. Posey, supra.

4 In order to constitute (the felonious offence, the fire must burn the dwelling-house of another. If a man maliciously sets fire to his own house with intent to burn his neighbor's, and no mischief is done but to his own, it is no felony. Davis' Crim. Law 115; 2 Russ. on Cr. 548. But it is a great misdemeanor. 1 Hale P. C. 568; 2 East P. C. 1031. And although the primary intention of the party were only to burn his own house, yet if, in fact, others were burnt, being adjoining, and in such a situation as that the fire must in all probability reach them, the intent being unlawful and malicious, and the consequence immediately and necessarily flowing from the original act, it is felony. See 2 East. P. C. 1031; Roscoe's Crim. Ev. 271.