« EelmineJätka »
242, line 13, after “2 & 3 Ph. & M. c. 10." add “both now repealed by 7 Geo.
4. c. 64. s. 33."
page, and then insert--" The i Geo. I. st. 2. c. 5. S. 4. was re-
| machinery in pary, or any building or erection used in carrying on any trade
tory or mine. or manufacture, or any branch thereof, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any brauch thereof, or any steam engine, or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a
4. c. 27. but the statute 7 & 8 Geo. 4. c. 31. consolidates and
the statute in the Addenda to Vol. II.
and also the following page to the words, “without benefit of
clergy.(y)" 252, note (a) dele * 41 Geo. 3. c. 24." to the end of the note, and insert "7 & 8
Geo. 4. c. 31." 253, dele the note (x). 276, dele the paragraph beginning with the words “ With respect to challenges
given on account of money won at play." 978, dele from the paragraph beginning "By the second section,” to the bottom,
and also the following page, to the words “ within the meaning
of the statute.(h)”
clergyman,” and insert, " By the recent statute 9 Geo. 4. C. 31. 9 G. 4. c. 31.
the Court shall award.'”.
Abbott, C. J., says, “I take it to be a general rule, that a party
Miles, 4 M. & S. 101.”
over which another has a way, this is a nuisance to the way, for
that many bridges on turnpike roads are by prescription liable to
otherwise improved, it is enacted that it shall be lawful for any such county or counties, parish or parishes, respectively to enter into a composition or agreement with each other, and by the authority of ihose persons who shall be legally competent to make rates for such county and parish respectively, whereby the improvement and future repair of any such bridge shall be undertaken, and lie upon the county or counties in which such bridge is locally situated, and that all rates made for carrying into effect any such composition, agreement, repairs, or improvement, shall be made and assessed in the same manner as other the rates of such county or parish respectively, and shall be good and valid to all intents and purposes in the law whatso
ever." 353, note (a) at the end add—“But though their obligation is only to this ex.
tent, see as to the power to widen by an order at sessions, 43 G.
3. c. 59. s. 2. ante 348." 375, line 8, dele from the words, “The 1 Rich. 3. c. 3.” to the end of the para
graph. 386, dele from the paragraph beginning “By the 9 Geo. 1. c. 22.” to the bot
tom, and also the following page, to the words “ without benefit
of clergy,” inclusive. 402, line 16 from the bottom, after the word “statute,” add “now re
wilful murder, and takes away clergy."
433, dele the paragraph beginning “ Clergy is taken away in all cases of mur9 G. 3. c. 31.
der," and insert “ By the statute 9 Geo. 4. c. 31. s. 3. every person 8.3. Punish
convicted of murder, or of being an accessory before the fact to ment of prin
murder, shall suffer death as a felon; and every accessory after cipals and ac
the fact to murder shall be liable, at the discretion of the Court, cessories in
to be transported beyond the seas for life, or to be imprisoned, murder.
with or without hard labour, in the common gaol or house of
correction, for any term not exceeding four years." 434, dele the note (k). Place of trial. 462, line 15, after the words, “In either county (g)," dele to the end of the
paragraph, and insert .but by the statute 2 & 3 Edw. 6. c. 24. s. 2. (h), it was enacted, “That the trial should be in the county where the death happens. That statute is, however, repealed by 7 Geo. 4. C. 64., the twelfth section of which enacts, in general terms, that where any felony or misdemeanor shall be committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanor may be dealt with, joquired of, tried, determined, and punished, in any of the said counties, in the same manner as if it had been actually and wholly committed therein. The ninth section of this statute also enacts as to the trial of accessories before the fact, that in case the principal felony shall have been committed witbin the body of any county, and the offence of counselling, &c. shall have been committed within the body of any other county, the last mentioned offence may be inquired of, tried, &c. in either of such counties. So with respect to the trial of accessories after the fact, the tenth section enacts, where the principal felony, and the act by which the party became accessory have been com
mitted in different counties, the trial may be had in either.” 463, line 22, dele the sentence beginning with the words, “ With respect to ac
cessories to felonies," to the end of the paragraph. 464, in the margin opposite line 11, erase " after examination before the King's
(s) Repealed by 7 Geo. 4. C. 64. s. 32.
council,” and insert,“ where the murder or manslaughter is com-
of this act."
stricken, poisoned, or otherwise hurt upon the sea, or at any the trial of place out of England, shall die of such stroke, poisoning, or murder and hurt ju England, or being feloniously stricken, poisoned, or manslaughter, otherwise hurt at any place in England, shall die of such stroke,
where the poisoning, or hurt, upon the sea, or at any place out of Eng.
death, or the land, every offence committed in respect of any such case,
cause of death whether the same shall amount to the offence of murder ori,
in England. manslaughter, or of being accessary before the fact to murder or after the fact to murder or manslaughter may be dealt with, enquired of, tried, determined and punished in the county or place in England, in which such death, stroke, poisoning, or hurt, shall happen, in the same manner, in all respects, as if such offence had been wholly committed in that county or
place.” 464, line 30, dele “ this,” and insert “ the repealed.” And in the same line,
instead of "is," read “was." 464, last line, instead of “But a British subject is indictable under the 33 H. 8.”
read “ But it was holden that a British subject was indictable
under that statute.” 464, notes (9) and (r) dele. 465, line 2, after the word “And,” read“ it was also holden that.” 465, dele from the paragraph beginning with the words “Where a person was
struck, &c.” to the end of the page, and also the four first lines
in the next page. 466, line 10, at the end of the paragraph, insert “ The statute 9 Geo. 4. c. 31. Provision for
s. 32. enacts, That all indictable offences mentioned in this act, offencesagainst which shall be committed within the jurisdiction of the Admiralty this act comof England, shall be deemed to be offences of the same nature, mitted at sea. and liable to the same punishments, as if they had been com
mitted upon the land in England, and may be dealt with, en. quired of, tried, and determined in the same manner as any
other offences committed within the jurisdiction of the Admiralty Not to affect
of England: provided always, that nothing herein contained, the laws re
shall alter or affect any of the laws relating to the government lating to the forces.
of his Majesty's land or paval forces." 470, note (t) at the end, add “ This statute is now repealed by 7 Geo. 4. c. 64.
s. 32. 470, note (u) at the end, add “ This statute is now repealed by 9 Geo. 4. c. 31. 474, line 3, from the bottom, dele the words, “And by the 43 Geo. 3." and to
the end of the paragraph. 475, at the end of the page, add, " 'i'bis provision, as it could only be acted
upon where the party was charged with the crime of murder by the indictment, was open to much objection, and has been re
pealed by the recent statute 9 Geo. 4. C. 31. s. 14. which enacts, A woman con
That if any woman shall be delivered of a child, and shall by cealing the
secret burying or otherwise disposing of the dead body of the birth of her
said child, endeavour to conceal the birth thereof, every such child. See
offender shall be guilty of a misdemeanor, and being convicted Cornwall s
thereof, shall be liable to be imprisoned, with or without hard case, R. & R. 336.
labour, in the common gaol, or house of correction, for any term, not exceeding two years; and it shall not be necessary to prove whether the child died before, at, or after its birth; provided always, that if any woman tried for the murder of her child, shall be acquitted thereof, it shall be lawful for the jury, by whose verdict she shall be acquitted, to find in case it shall so appear in evidence, that she was delivered of a child, and that she did by secret burying, or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if she had been convicted upon an indictment for the concealment of the
birth." 476, line 9, after the words, “ so upon the," insert “repealed statute.” 476, Jine U, instead of the words, * will be,” insert " would have been." 477, dele the last parapraph of the sixth section. 477, dele the first paragraph to the 7th section, and insert “ The judgment
and mode of execution in cases of murder, is now regulated by the statute 9 Geo. 4. c. 31., which repealed the provisions upon
that subject in the former statute 25 Geo. 2. c. 37. The fourth 4 G. 4. c. 31.
section enacts, that every person convicted of murder shall be s.4. Period of exe
executed according to law, on the day next but one after that cution, and
on which the sentence shall be passed, unless the same shall hapmarks of in
pen to be Sunday, and in that case, on the Monday following ; famy.
and the body of every murderer shall, after execution, either
be dissected or hung in chains, as to the Court shall seem meet; Sentence to be
and sentence shall be pronounced immediately after the convicpronounced
tion of every njurderer, unless the Court shall see reasonable immediately.
cause for postponing the same; and such sentence shall express not only the usual judgment of death, but also the time hereby appointed for the execution thereof, and that the body of the
offender shall be dissected or hung in chains, whichsoever of Power to re
the two the Court shall order : provided always, that after such spite.
sentence shall have been pronounced, it shall be lawful for the Court or Judge to stay the execution thereof, if such Court or
Judge shall so think fit, S. 5. As to
“ The fifth section enacts, that whenever dissection shall be orthe dissection of the bodies
dered by such sentence, the body of the murderer, if executed
in the county of Middlesex or city of London, shall be immeof murderers.
diately conveyed by the sheriff or sheriffs, or his or their officers, to the hall of the surgeon's company, or to such other place as the said company shall appoint, and shall be delivered to such person as the said company shall appoint, for the purpose of being dissected, and the body of the murderer, if executed elsewhere, shall in like manner be delivered to such sur
geon as the Court or Judge shall direct, for the same purpose.' S. 6. Prison
“ The sixth section enacts, that every person convicted of murregulations as
der shall, after judgment, be confined in some safe place within to murderers
to be observed.'”
treason ” insert “ The statute 9 Geo. 4. c. 31. s. 2. enacts, that Petit treason
sories in murder.''
bott, C. J., says, it is lawful for any person to take into cus-
taken before a magistrate.'”
paragraph, and insert “ By the 7 & 8 Geo. 4. c. lxxv. (local and
the river Thames.”
fence of manslaughter is felony within the benefit of clergy,”
to the end of the next page.
sert “ It was observed upon a former statute, 10 Geo. 2. c. 31.,
that it might.” 537, at the end of the page, add-" The recent statute 9 Geo. 4. c. 31. s. 9. Funishment of
eqacts, that every person convicted of manslaughter shall be manslaughter.
or to pay such fine as the Court shall award.'”
enacts, 'that no punishment or forfeiture shall be incurred by
defence, or in any other manner, without felony.'"
c. 58. made.'” -, line 8, dele the words “are made.”