212, line 13, after "2 & 3 Ph. & M. c. 10." add "both now repealed by 7 Geo. 4. c. 64. s. 33." 251, line 3, dele to the end of the page, and the three first lines in the next page, and then insert" The 1 Geo. 1. st. 2. c. 5. s. 4. was re- 251, note (t)—The statutes mentioned in this note are repealed by 7 & 8 Geo. 252, dele from the paragraph beginning "The 52 Geo. 3.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)" 259, 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." 278, dele from the paragraph beginning "By the second section," to the bottom, 219, dele the notes. any manufactory or mine. clergyman," and insert," By the recent statute 9 Geo. 4. c. 31. 9 G. 4. c. 31. 295, note (b) at the end add-" And in Duncan v. Thwaites, 3 B. & C. 584. 301, line 23, add-" And see 58 Geo. 3. c. 70. s. 7. and 2 Burn. Just. p. 661." 317, note (1) 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 counties 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 vine service. 9 G. 3. c. 31. 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 those 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 whatsoever." 353, note (a) at the end add-" But though their obligation is only to this extent, 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 paragraph. 386, dele from the paragraph beginning "By the 9 Geo. 1. c. 22." to the bottom, 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 repealed."(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 mur der," and insert "By the statute 9 Geo. 4. c. 31. s. 3. every person convicted of murder, or of being an accessory before the fact to murder, shall suffer death as a felon; and every accessory after. the fact to murder shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or to be imprisoned, 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, inquired 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 within 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 committed in different counties, the trial may be had in either." 463, line 22, dele the sentence beginning with the words, "With respect to accessories to felonies," to the end of the paragraph. 464, in the margin opposite line 11, erase “after examination before the King's (p) Repealed by 7 Geo. 4. c. 64, s. 32. council," and insert, "where the murder or manslaughter is committed." 464, line 22, dele the sentence beginning "This statute did not extend," to the end of the paragraph, and insert, But this statute is repealed 66 der or man mitted abroad. by 9 Geo. 4. c. 31., which substitutes other provisions." The British sub- where the death, or the only, happens in England. cause of death The eighth section enacts, "that where any person being feloniously Provision for 464, line 30, dele “this," and insert "the repealed." And in the same line, 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 (q) and (r) dele. 465, line 2, after the word "And,” read “it was also holden that." Provision for 466, line 10, at the end of the paragraph, insert "The statute 9 Geo. 4. c. 31. s. 32. enacts, That all indictable offences mentioned in this act, offencesagainst which shall be committed within the jurisdiction of the Admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been com this act committed at sea. Not to affect the laws re lating to the forces. A woman concealing the birth of her child. See Cornwall s case, R. & R. 336. 4 G. 4. c. 31. s. 4. Period of execution, and marks of infamy. Sentence to be pronounced immediately. Power to respite. S. 5. As to the dissection of the bodies of murderers. S. 6. Prison regulations as mitted upon the land in England, and may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England: provided always, that nothing herein contained, shall alter or affect any of the laws relating to the government of his Majesty's land or naval 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, "This 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 repealed by the recent statute 9 Geo. 4. c. 31. s. 14. which enacts, that if any woman shall be delivered of a child, and shall by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard 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." 66 476, line 9, after the words, "so upon the," insert "repealed statute." 477, dele the first paragraph to the 7th section, and insert " The judgment 6 "The fifth section enacts, that whenever dissection shall be ordered by such sentence, the body of the murderer, if executed in the county of Middlesex or city of London, shall be immediately 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 surgeon as the Court or Judge shall direct, for the same purpose.' "The sixth section enacts, that every person convicted of mur 6 der shall, after judgment, be confined in some safe place within to murderers 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 deemed 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 accessories 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- tody a man charged with felony, and keep him until he can be 536, line 5, dele the words " By the 10 Geo. 2. c. 31." and to the end of the 536, dele the whole of the paragraph beginning with the words "The offence 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 insert" 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 enacts, 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. 10. 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." |