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242, line 13, after “2 & 3 Ph. & M. c. 10." add “both now repealed by 7 Geo.

4. c. 64. s. 33."
951, lipe S, dele to the end of the page, and the three first lines in the next

page, and then insert--" The i Geo. I. st. 2. c. 5. S. 4. was re-
pealed by 7 & 8 Geo. 4. c. 27., but the statute 7 & 8 Geo. 4. c. 7 & 8 Geo. 4.
30. s. 8. enacts, ' that if any persons, riotously and tumultuously c. 30. s. 8.
assembled together to the disturbance of the public peace, shall Rioters demo-
unlawfully and with foree demolish, pull down, or destroy, or lishing, &c. a
begin to demolish, pull down, or destroy, any church or chapel, church, cha-
or any chapel for ihe religious worship of persons dissenting pel, house, or
from the united church of England and Ireland, duly registered certain build-
or recorded, or any house, stable, coach-house, out-house, ings, or any
warehouse, office, shop, mill, malt-house, hop oast, barn, or gra-

| machinery in pary, or any building or erection used in carrying on any trade

any manufac

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

felon.'"
251, note (1)—The statutes mentioned in this note are repealed by 7 & 8 Geo.

4. c. 27. but the statute 7 & 8 Geo. 4. c. 31. consolidates and
amends the laws relative to remedies against the hundred. See

the statute in the Addenda to Vol. II.
259, dele from the paragraph beginning “ The 52 Geo. 3. c. 130." to the bottom,

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)”
279, dele the notes.
280, line 7 from the bottom, dele the paragraph beginning “ The arrest of a

clergyman,” and insert, " By the recent statute 9 Geo. 4. C. 31. 9 G. 4. c. 31.
s. 23. if any person shall arrest any clergyman upon any civil s. 23.
process while he shall be performing divine service, or shall with Arresting a
ihe knowledge of such person be going to perform the same, or clergyman en-
returning from the performance thereof, every such offender gaged in di-
shall be guilty of a misdemeanor, and being convicted thereof, une service.
shall suffer such punishment by fine or imprisonment, or both, as

the Court shall award.'”.
295, bote (6) at the end add_" And in Duncan v. Thwaites, 3 B. & C. 584.

Abbott, C. J., says, “I take it to be a general rule, that a party
who sustains a special and particular injury by an act which is
uplawful, on the ground of public injury, may maintain an ac-
tion for his own special injury. And see Rose and others v.

Miles, 4 M. & S. 101.”
301, line 23, add" And see 58 Geo. 3. c. 70. s. 7. and 2 Burn. Just. p. 661."
317, pote (I) at the end, add—“And if the tenant of the land plough the soil,

over which another has a way, this is a nuisance to the way, for
it is not so easy to him as it was before. 2 H. 4. 11 Vin. Abr.

Nuisance (G)."
348, line 13 from the bottom, add_" By the 3 Geo. 4, c. 126. s. 107. reciting

that many bridges on turnpike roads are by prescription liable to
be repaired by certain parishes, and not by the county or coun-
ties in which they are situated, and which bridges, from change
of times and circumstances, are become no longer sufficiently
convenient for the use of the public, without being enlarged or

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

pealed.” (p)
425, dele from the top to the end of the paragraph.
- dele note (d).
429, line 14 from the bottom, dele the words “ which again makes the offence

wilful murder, and takes away clergy."
-, note (h) dele 48 Geo. 3. c. 58. s. 1." and insert“ 9 Geo. 4. c. 31."

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-
mitted.”
dele the sentence beginning “ This statute did not extend,” to the
end of the paragraph, and insert, “ But this statute is repealed
by 9 Geo. 4. c. 31., which substitutes other provisions.” The British sub-
seventh section enacts, “ That if any of his Majesty's subjects jects may be
shall be charged in England with any murder or manslaughter, tried in Eng-
or with being accessory before the fact lo any murder, or after land for mur-
the fact to any murder, or manslaughter, the same being re- der or man-
spectively committed on land out of the United Kingdom, slaughter com-
whether within the King's dominions or without it shall be mitted abroad.
lawful for any justice of the peace of the county or place where
the person so charged shall be, to take cognizance of the otfence
so charged, and to proceed therein as if the same had been com-
mitted within the limits of his ordinary jurisdiction; and if
any person so charged shall be committed for trial, or admitted
to bail to answer such charge, a commission of oyer and ter-
miner under the great seal, shall be directed to such persons,
and into such county or place as shall be appointed by the
Lord Chancellor, or Lord Keeper, or Lords Commissioners of
the great seal, for the speedy trial of any such offender; and
such persons shall have full powers to enquire of, hear, and de-
termine all such offences, wilhin the county or place limited in
their commission, by such good and lawful men of the said
county or place, as shall be returned before them for that pur-
pose, in the same manner as if the offences had actually been
committed in the said county or place : provided always, that Proviso.
if any peers of the realm, or persons entitled to the privilege
of peerage, shall be indicted of any such offences, by virtue of
any cominission to be granted as aforesaid, they shall be tried
by their peers in the manner heretofore used: provided also,
that nothing herein contained shall prevent any person from
being tried in any place out of this kingdom, for any murder
or manslaughter committed out of this kingdom, in the same
manner as such person might have been tried before the passing

of this act."
The eighth section enacts, “that where any person being feloniously Provision for

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,

only, happens

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
the prison, apart from all other prisoners, and shall be fed with under sen-
bread and water only, and with no other food or liquor, except tence.
in case of receiving the sacrament, or in case of any sickness or
wound, in which case the surgeon of the prison may order other
necessaries to be administered ; and no person but the gaoler
and his servants, and the chaplain and surgeon of the prison,
shall have access to any such convict, without the permission, in
writing, of the Court or Judge before whom such convict shall
bave been tried, or of the sheriff or his deputy : provided al-
ways, that in case the Court or Judge shall think fit to respite
the execution of snch convict, such Court or Judge may, by a
licence in writing, relax, during the period of the respite, all
or any of the restraints or regulations hereinbefore directed

to be observed.'”
481, at the commencement of Chapter the second, after the words “ petit

treason ” insert “ The statute 9 Geo. 4. c. 31. s. 2. enacts, that Petit treason
every offence, which before the commencement of this act to be treated.
would have amounted to petit treason, shall be deenied to be
murder only, and no greater offence; and all persons guilty in
respect thereof, whether as principals or as accessories, shall be
dealt with, indicted, tried, and punished as principals and acces-

sories in murder.''
485, line 8, after the word " lenient,” dele to the end of the paragraph.
490, dele the whole of Section II. to page 495.
503, note (z), at the end add—" And in Ex parte Keans, 1 B. & C. 261., Ab-

bott, C. J., says, it is lawful for any person to take into cus-
tody a man charged with felony, and keep him until he can be

taken before a magistrate.'”
536, line 5, dele the words “ By the 10 Geo. 2. c. 31.” and to the end of the

paragraph, and insert “ By the 7 & 8 Geo. 4. c. lxxv. (local and
personal) s. 38., in case any greater pumber of persons or pas-
sengers shall be taken or carried in any such wherry, boat, or
other vessel (mentioned in the act) on the river Thames, (within
the limits there mentioned,) than are respectively allowed to be
carried therein, and any one or more of them shall by reason
thereof be drowned, every person or persons who shall work or
navigate such wherry, &c. offending therein, and being con-
victed, shall be deemed guilty of misdemeanor, and shall be
liable to punishment, as in cases of misdemeanor, at the discre-
tion of the Court, and shall also be disfranchised, and not al-
lowed to work or navigate any wherry, &c., or to enjoy any of
the privileges of a freeman of the company of watermen, &c. on

the river Thames.”
536, dele the whole of the paragraph beginning with the words “ The of-

fence of manslaughter is felony within the benefit of clergy,”

to the end of the next page.
- note (d), dele the words “ It has been observed that this may,” and in-

sert “ It was observed upon a former statute, 10 Geo. 2. c. 31.,
containing a more severe punishment for an offence of this kind

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.
liable, at the discretion of the Court, to be transported beyond
the seas for life, or for any term not less than seven years, or to
be imprisoned with or without hard labour, in the common gaol
or house of correction, for any term not exceeding four years,

or to pay such fine as the Court shall award.'”
538, after line 7 from the bottom, insert". The statute 9 Geo. 4. c. 31. s. Jo.

enacts, 'that no punishment or forfeiture shall be incurred by
any person who shall kill another by misfortune, or in his own

defence, or in any other manner, without felony.'"
559, line 6, dele “ has lately been passed by which,” and insert “ 43 Geo. 3.

c. 58. made.'” -, line 8, dele the words “are made.”

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