together, and not the act done in pursuance of such combination, the venue in [*422] principle ought to be laid in the county in *which the conspiring took place, and not where, in the result, the conspiracy was put into execution. Best's case, 1 Salk. 174; 2 Russ. by Grea. 696. But it has been said, by the court of King's Bench, that there seems to be no reason why the crime of conspiracy, amounting only to a misdemeanor, ought not to be tried wherever one distinct overt act of conspiracy was in fact committed, as well as the crime of high treason, in compassing and imagining the death of the king, or in conspiring to levy war. Brisac's case, 4 East, 171. So where the conspiracy, as against all the defendants, having been proved, by showing a community of criminal purpose, and by the joint co-operation of the defendants in forwarding the objects of it in different counties and places, the locality required for the purpose of trial was held to be satisfied by overt acts done by some of the defendants in the county where the trial was had in prosecution of the conspiracy. Bowes's case, cited in Brisac's case, supra. (2) It has been holden the courts of quarter sessions have jurisdiction in cases of conspiracy. Rispal's case, 3 Burr. 1320. 1 W. Bl. 368. But now by the 5 & 6 Vict. c. 38, s. 1, “neither the justices of the peace acting in and for any county, riding, division or liberty, nor the recorder of any borough, shall, at any session of the peace, or at any adjournment thereof, try any person or persons for unlawful combinations and conspiracies, except conspiracies or combinations to commit any offence which such justices or recorder respectively have or has jurisdiction to try when committed by one person." Conspiracy to murder in Ireland.] By the 10 Geo. 4, c. 34, s. 8 (I), it is enacted, that all persons conspiring, confederating, and agreeing to murder any person, shall be guilty of felony, and suffer death as felons; and by section 9, every person who shall solicit, encourage, persuade or endeavor to persuade, or who shall propose to any person to murder any other person, shall be guilty of felony and suffer death. These clauses have been taken from the 36 Geo. 3, c. 27 (I.), and 38 Geo. 3, c. 57 (I.), and are peculiar to the law of Ireland. 1 Gabbett's Criminal Law of Ireland, 258. Although larceny cannot be committed of a dead body, no one having a property therein (vide post, title Larceny), yet it is an offence against decency to take a dead body with intent to sell or dispose of it for profit; and such offence is punishable with fine and imprisonment as a misdemeanor. (1) An indictment charged (inter alia) that the prisoner, a certain dead body of a person unknown, lately before deceased, wilfully, unlawfully, and indecently did take and carry away, with intent to sell and dispose of the same for gain and profit. It being evident that the prisoner had taken the body from some burial-ground, though from what particular place was uncertain, he was found guilty upon this count; and it was considered that this was so clearly an indictable offence, that no case was reserved. Gilles's (2) People v. Mather, 4 Wend. 229. (1) See Commonwealth v. Loring, 8 Pick. 370. case, 1 Russ. by Grea. 464; Russ. & Ry. 365.(n.) So to take up a dead body even for the purposes of dissection, is an indictable offence. Where upon an indictment for that offence, it was moved in arrest of judgment, that the act was only one of ecclesiastical cognizance, and that the silence of the older writers on crown law showed that there was no such offence cognizable in the criminal courts, the court said that common decency required that the practice should be put a stop to; that the offence was cognizable in a criminal court as being highly indecent, and contra bonos mores; that the purpose of taking up the body for dissection did not make it less an indictable offence, and that as it had been the regular practice at the Old Bailey, in modern times, to try charges of this nature, the circumstance of no writ of error having been brought to reverse any of those judgments, was a proof of the universal opinion of the profession upon this subject. Lynn's case, 2 T. R. 733; 1 Leach. 497; see also Cundick's case, Dowl. & Ry. N. P. C. 13. The burial of the dead is the duty of every parochial priest and minister, and if he neglect or refuse to perform the office, he may, by the express words of canon 86, be suspended by the ordinary for three months; and if any temporal inconvenience arise, as a nuisance, from the neglect of the interment of the dead corpse, he is punishable also by the temporal courts by indictment or information. Per Abney, J., Andrews v. Cawthorne, Willes, 537.(n.) To bury the dead body of a person who has died a violent death before the coroner has sat upon it, is punishable as a misdemeanor, and the coroner ought to be sent for, since he is not bound ex officio to take the inquest without being sent for. Clerk's case, 1 Salk. 377; Anon. 7 Mod. 10. And if a dead body in a prison or other place, upon which an inquest ought to have been taken, is interred, or is suffered to lie so long that it putrifies before the coroner has viewed *it, [*424] the gaoler or township shall be amerced. Hawk. P. C. b. 2, c. 9, s. 23; see also Sewell's Law of Coroner, p. 29. The preventing a dead body from being interred has likewise been considered an indictable offence. Thus the master of a workhouse, a servant, and another person, were indicted for a conspiracy to prevent the burial of a person who died in a workhouse. Young's case, cited 2 T. R. 734. Provision is made for the interment of dead bodies which may happen to be cast on shore, by the 48 Geo. 3, c. 75. By the 2 and 3 Wm. 4, c. 75, for regulating schools of anatomy, (s. 10,) professors of anatomy, and the other persons therein described, being duly licensed, are not liable to punishment for having in their possession human bodies according to the provisions of the act. The 18th section of this statute makes offences against the act misdemeanors, and subjects offenders to be punished by imprisonment, not exceeding three months, or by fine not exceeding fifty pounds. 1 Eng. C. C. 366. b Eng. Com. Law Reps. xvi. 413. Stealing deer.] The former statutes with regard to the offence of stealing deer, are repealed by the act of 7 and 8 Geo. 4, c. 27, and the law upon the subject is now contained in the 7 and 8 Geo. 4, c. 29 (E.) By the 26th section of that statute, "if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill or wound, or attempt to kill or wound, any deer kept or being in the inclosed part of any forest, chace, or purlieu, or in any inclosed land wherein deer shall be usually kept, every such offender shall be guilty of felony, and, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny; and if any person shall unlawfully and wilfully course, hunt, snare, or carry away, or kill, or wound, or attempt to kill or wound, any deer kept or being in the uninclosed part of any forest, chace, or purlieu, he shall for every such offence, on conviction thereof before a justice of the peace, forfeit and pay such sum not exceeding fifty pounds, as to the justice shall seem meet; and if any person, who shall have been previously convicted of any offence relating to deer for which a pecuniary penalty is by this act imposed, shall offend a second time, by committing any of the offences herein-before last enumerated, such offence, whether it be of the same description as the first offence or not, shall be deemed felony, and such offender, being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny." In an indictment under the latter part of this section for a second offence, the previous conviction must be correctly set out, otherwise the prisoner cannot be convicted upon such indictment. See Allen's case, R. & R. 513. Where on an indictment under the above section for killing a deer after a previous conviction under the 28th section of the same statute, (see infra) the conviction did not substantively state where the first offence was committed, but in awarding the distribution of the penalty gave it to the overseers of D. in the said county "where the offence was committed;" such conviction was held good. Per Parke, J., C. & P., Weale's case, 135.b 5 The word "deer," in this statute, includes all ages and both sexes; therefore an indictment under this act for stealing deer is supported by evidence that the animal alleged to have been stolen was a fawn. Reg. v. Strange, 1 Cox, C. C. 58. [ *426 ] *By sec. 27 of the above statute, suspected persons found in possession of venison, &c., and not satisfactorily accounting for the same, are rendered liable to a penalty not exceeding 207. By sec. 28, persons setting snares or engines for the purpose of taking or killing deer, or destroying the fences of land where deer shall be kept, on conviction before a justice, shall forfeit a sum not exceeding 201. a 1 Eng. C. C. 513. b Eng. Com. Law Reps. xxiv. 245. Power of deer-keepers, &c., to seize guns, &c.] By sec. 29 of the above statute, if any person shall enter into any forest, chace, or purlieu, whether inclosed or not, or into any inclosed land, where deer shall be usually kept, with intent unlawfully to hunt, course, wound, kill, snare, or carry away any deer, it shall be lawful for every person intrusted with the care of such deer, and for any of his assistants, whether in his presence or not, to demand from every such offender any gun, fire arms, snare, or engine, in his possession, and any dog there brought for hunting, coursing, or killing deer; and in case such offender shall not immediately deliver up the same, to seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer. Assaulting deer-keepers or their assistants.] By the same section, if any such offender (vide supra) shall unlawfully beat or wound any person intrusted with the care of the deer, or any of his assistants, in the execution of any of the powers given by this act, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be punished in the same manner as in the case of simple larceny. *DISTURBING PUBLIC WORSHIP. [ *427 ] By the 52 Geo. 3, c. 155, (E.) s. 12, "if any person or persons, at any time after the passing of this act, do and shall wilfully and maliciously or contemptuously disquiet or disturb any meeting, assembly, or congregation of persons, assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest, or misuse any preacher, teacher, or person officiating at such meeting, assembly or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof, before any justice of the peace, by two or more credible witnesses shall find two sureties to be bound by recognizances, in the penal sum of fifty pounds, to answer such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions; and upon conviction of the said offence at the said general quarter sessions, shall suffer the pain and penalty of forty pounds." For a similar provision with respect to Catholic chapels, but imposing a penalty of 207. for the offence, see 31 Geo. 3, (E.) c. 32, s. 10. Upon an indictment found at the sessions under the toleration act, 1 W. & M. c. 18, for disturbing a dissenting congregation, it was held that, upon conviction each defendant was liable to the penalty of 207. imposed by that statute. Hube's case, 5 T. R. 542. This offence may be tried at the sessions, 52 Geo. 3, c. 155, s. 12, supra, or in the king's bench, or at the assizes, if removed by certiorari from the sessions. Hube's case, supra; Wadley's case, 4 M. & S. 508. With regard to Ireland the 6 Geo. 1, c. 5,(1) s. 14, enacts that if any person shall willingly and of purpose, maliciously or contemptuously, come into any cathedral or parish church, chapel, or other congregation permitted by this act, and disquiet or disturb the same, or misuse any preacher or teacher, such person, upon proof thereof before any justice of the peace by two or more witnesses, shall find two sureties, to be bound by recognizance, in the penal sum of fifty pounds, to appear at the next general or quarter sessions for the county wherein such offence shall be committed, or in default thereof, be committed to prison till such next quarter sessions, and upon conviction at the said sessions shall forfeit 207. to the use of the king. See Hube's case, 5 T. R., s. 42. No statute made for the relief of Roman Catholics, contains any express clause for protecting the ministers or congregations of this persuasion from disturbance or interruption in performing the service of their church in Ireland, but it seems that any disturbance of the public worship of a congregation assembled according to law would be indictable without the aid of any statute, (1 Hawk. c. 28, s. 23; 1 Keb. 491,) and more particularly if it be connected with any riotous or tumultuous proceeding at the time, or arising out of any previous conspiracy for the purpose. See moreover the 27 Geo. 3, c. 15, (I) s. 5, and 8 Vict. st. 2, c. 28, s. 6,(I) 1 Gab. Crim. Law of Ireland, 294, 295. Consequence of verdict against one of several, as to part of the offence Stealing in a dwelling-house, any person being put in bodily fear Statute 7 Wm. 4 and 1 Vict. c. 86. Proof that some person was put in bodily fear Breaking and entering a building within the curtilage 434 434 434 435 435 HOUSE-BREAKING. Statutes 7 and 8 Geo. 4, c. 29, and 7 Wm. 4 and 1 Vict. c. 90.] The offence of house-breaking or stealing in a dwelling-house, was provided against by several statutes, which were repealed by the 7 & 8 Geo. 4, c. 27. By the 7 and 8 Geo. 4, c. 29, (E.) s. 12, (the 9 Geo. 4, c. 55, s. 12,) it is enacted, that if any person shall break and enter any dwelling-house, and steal therein any chattel, money, or valuable security, to any value whatever, every such offender, being convicted thereof, [shall suffer death as a felon.] By the 3 and 4 Wm. 4, c. 44, (E. & I.,) the punishment of death was repealed, and offenders, whether principals or accessaries before the fact, might be transported for life, or for not less than seven years, and previously to transportation, |