must be taken to denote acts done, with a conscious mind that the party is doing wrong. If so, it is clear that the plaintiff cannot recover; for the case states, that, in delivering up these letters, the defendant acted boná fide, under an impression that he was performing his duty; and he might think himself warranted in that opinion, by the practice which had prevailed for thirty or forty years." The other Judges expressed themselves to the same effect, and a nonsuit was directed to be entered. See Brett's case, ante, p. 228, tit. "Indictment," as to pigeon-holes being part of a post-office. LUNACY. See "Insanity," ante, p. 238. MACHINE BREAKING. See post, tit. "Riot." MALA PRAXIS. See Rosinski's case, ante, p. 11, tit. "Assault." Tessymond's case, ante, p. 169, tit. "Manslaugh ter."-Mary Simpson's case, ante, p. 172, tit. "Manslaughter."-Ferguson's case, ante, p. 181, tit. "Manslaughter." MARRIAGE. YORK Sp. Assizes, 1827. tit. Construction riage Act. of the Mar See Maria Waully's case, ante, p. 23, "Bigamy," (Construction of the Marriage Acts). Drake's Case. YORK Sp. Assizes, 1830. ment for big must be given Iman whom a man marries Prisoner was indicted for bigamy. It was prov- On an indicted by a person who was present at the prisoner's amy, proof second marriage, that the woman was married to that the wohim by the name of Hannah Wilkinson-the name is of the stated in the indictment; but there was no other in the indictproof that the woman in question was in fact Hannah Wilkinson. Parke, J., held, the proof to be insufficient, and directed an acquittal. The learned Judge, subsequently, expressed his opinion that he was right; and added, that, to make the evidence sufficient, there should have been proof that he was then and there married to a certain woman by the name of, and who called herself, Hannah Wilkinson, "because the indictment undertakes that H. W. was the person; whereas, in fact, there was no proof that such was her name, or that she had ever before name alleged ment. gone by that name; and, if the banns had been published in a name which was not her own, and which she had never gone by, the marriage would be invalid." Note.-In Edward's case, R. & R. C. C. 283, prisoner was charged with marrying Anna Simpson, his former wife being alive. The second marriage was proved by the prisoner's hand-writing, to the note for the publication of banns, and his signature of "Charles Edwards," to the register of the second marriage. The hand-writing of the name, "Anna Simpson," in the same register of the second marriage, was proved by her father. The father likewise proved the prisoner's acknowledgment of his marriage to his daughter. The father also proved, that his daughter's name was Susanna-not Anna; and that he never knew or suspected that she had ever been known or called by the name of Anna, till he heard of her having been married to the prisoner by that name. The jury found the prisoner guilty; but Knowlys, Common-Serjeant, doubted whether the evidence proved the allegation in the indictment as to the second marriage to Anna Simpson, and whether the indictment should not have charged that the prisoner was married to Susanna Simpson by the name of Anna Simpson; upon which doubts alone he reserved the case for the opinion of the Judges. "At a meeting of all the Judges, in Michaelmas Term, 1814, they held, that the prisoner's having signed the note for the publication of the banns himself and Anna Simpson, and having signed the register of his marriage with her by that name wherein she went, should not be permitted to defend himself, on the ground that he did not marry Anna Simpson, although such might not be her name; and that, therefore, the conviction was right." MAXIMS. Sarah Hobson's Case. APPLEBY Sp. Assizes, 1823. the crime the "The greater the crime the stronger is the proof The greater required, for the purpose of conviction."-Per Hol- stronger the royd, J. S. C. ante, p. 66, tit. "Depositions." proof required. Sarah Hobson's Case. "It is a maxim of English law, that it is APPLEBY Sp. Assizes, 1831. better Better that ten guilty that ten guilty men should escape, than that one inno- escape than cent man should suffer."-Per Holroyd, J. S. C. ante, p. 66, tit. "Depositions." that one innocent should suffer. YORK Sum. Assizes, 1823. Drunkenness no excuse for crime. John Burrow's Case. "It is a maxim of law, that if a man gets himself intoxicated, he is liable to the consequences, and is not excusable on account of any crime he may commit when infuriated by liquor, provided he was previously in a fit state of reason to know right from wrong."-Per Holroyd, J. MEDICAL MEN. LANCASTER Sp. Assizes, 1829. Semble, that if a person not having a me dical educa Nancy Simpson's Case. Prisoner was indicted for manslaughter, in hav ing caused the death of a man by administering tion, and in a white vitriol as a medicine. It appeared that the place where medical men deceased had been a patient at the Infirmary, where abound, ad ministers a he had undergone a course of salivation, and was wrong medicine, and death ensues, it is manslaughter. discharged as cured. His state of health was then good, considering the weakness that had been produced by the mercury. Per Bayley, J.-"I am clear, that if a person not having a medical education, and in a place where persons of a medical education might be obtained, takes on himself to administer medicine which may have a dangerous effect, and such medicine destroys the life of the person to whom it is administered, it is manslaughter. The party may not mean to |