
    Commonwealth versus Henry Van Schaack.
    If any part of a dwelling-house, however small, he wilfully and maliciously con sumed by fire, the offence of arson is complete.
    The defendant was indicted of arson in the first degree. On the trial the evidence was, that the defendant placed a coal of fire on the sill of the dwelling-house, by which the sill was burnt about six inches in length, and the fire communicating to a board, part of the exterior covering of the house, burnt that board also to the extent of eighteen inches in length and seven inches in width, when, being discovered, it was extinguished. It was contended for the prisoner, that this was not a burning within the meaning and intent of the statute of 1804, c. 131, $ 1, upon which the indictment was framed, and which provides, “ that if any person shall wilfully and maliciously set fire to the dwelling-house of another, or to any outbuilding adjoining to such dwelling-house, or to any other building, and by the kindling of such fire, or by the burning of such other building, such dwelling-house shall be burnt, in the night time,” (fee.
   Per Curiam.

We are of opinion that the burning proved was a burning within the statute. It is impossible to draw the line of distinction between the burning in this case and that which should consume a greater part, or the'whole, of a dwelling-house.- The statute has left the burning to be defined by the common law; and by that, if any part of a dwelling-house, however small, be consumed by the fire, the offence is complete; and so is within the statute . 
      
       [It is not necessary to constitute arson that any part of the house should be wholly consumed, or that the fire should have any continuance; and the offence will be complete, though the fire go out of itself, (1 Gabbett, Crim. Law, 75. —Dalt. ch. 158. —3 Inst. 66. —1 Hale, 58, 569,) if it has once begun to burn, for how short a period or in how small a degree soever. (1 Hume, 127.) There must, however, be an ignition of the material constituting some part of the lpuse, and a living fire made by it, from which fire may be kindled or communicated.—• Id.]
     