Malice; against owner of property. 7 & 8 G. 4, c. 30. Malice against the owner not essential to any offence under this act. MALICE; AGAINST OWNER OF PROPERTY Note.-Many enormous and atrocious offenders having escaped, because it was essential under the old law, that there should have existed malice against the owner of property injured, and not merely a desire of doing injury to the thing itself, this section has been introduced to meet the difficulty. For a man might have most bitterly avenged himself upon an unfortunate animal, for instance, and yet could not have been convicted unless the jury were satisfied that he entertained a personal malice against the owner. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XXV. And be it enacted, That every punishment and forfeiture by this Act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property in respect of which it shall be committed, or otherwise. Malicious Damage; generally. 7 & 8 G.4, c. 30. Persons com to any property in any case not previously provided for, may be compelled, by a justice, to MALICIOUS DAMAGE, GENERALLY. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Sect. XXIV. And be it enacted, That if any person shall mitting damage wilfully or maliciously commit any damage, injury or spoil to or upon any real or personal property whatsoever, either of a public or private nature, for which no remedy or punishment is hereinbefore provided, every such person, being convicted thereof before a justice of the peace, shall forfeit and pay such sum of money as shall appear to the justice to be a reasonable compensation for the damage, injury or spoil so committed, not exceeding the sum of £.5.: which sum of money shall, in pay compensa tion not exceed ing £.5. the case of private property, be paid to the party aggrieved, Malicious Daexcept where such party shall have been examined in proof of mage; generally. the offence; and in such case, or in the case of property of a 7 & 8 G.4, c. 30. public nature, or wherein any public right is concerned, the money shall be applied in such manner as every penalty imApplication of posed by a justice of the peace under this Act is hereinafter the money directed to be applied; and if such sum of money, together awarded. with costs (if ordered,) shall not be paid either immediately after the conviction, or within such period as the justice shall at the time of the conviction appoint, the justice may commit the offender to the common gaol or house of correction, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the justice shall think fit, for any term not exceeding two calendar months, unless such sum and costs be sooner paid: Provided always, that nothing herein contained shall Proviso. extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of, nor to any trespass, not being wilful and malicious, committed in hunting, fishing or in the pursuit of game, but that every such trespass shall be punishable in the same manner as before the passing of this Act. MANSLAUGHTER AND HOMICIDE. The 6 Edw. 1, c. 9, as to homicide by infortunium, &c.; 2 Hen. 5, st. 1, c, 9, as to persons guilty of manslaughter; 24 Hen. 8, c. 5; 33 Hen, 8, c. 12, part of s. 6 to s. 18; vulgo 2 Jac. 1, c. 8; 43 Geo. 3, c. 113, amongst other things, as to Manslaughters; 3 Geo. 4, c. 38, repealed by 9 Geo. 4, c. 31. LORD LANSDOWNE'S ACT. Manslaughter and Homicide. 9 Geo. 4, c. 31. 9 Geo. 4, c. 31. Sect. IX. And be it enacted, That every person convicted Punishment of of manslaughter shall be liable, at the discretion of the court, manslaughter. to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without Manslaughter and Homicide. 9 Geo. 4, c. 31. As to homicide not felonious. 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. Sect. X. Provided always, and be it enacted, 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. Note.-Amongst other repealed acts, the famous statute of stabbing, passed in the early part of the reign of James the First, is abrogated. Indictment for Manslaughter. - in Hertfordshire, The jurors for our lord the King upon their in the year from the said * Any county in which the death, stroke or hurt shall have happened. 9 Geo. 4, c. 31, s. 8. See post, tit. TRIAL. + Material. + Material. and Homicide. against the form of the statute in that case made and provided, Manslaughter and against the peace of our said lord the King, his crown and dignity. Evidence. On the part of the prosecution it must be shown, that B. was killed by the prisoner. The manner of killing must also be proved, whether it were by the knife or some other instrument capable of producing a similar kind of death. But although a blow must be proved in this case to have been struck, the particular part of the body mentioned in the indictment is not material, for you may convict the prisoner of manslaughter by proving a thrust or stab on the side or arm, although the indictment state the wound to have been given on the belly, or elsewhere than on the side or arm. You must further prove that the deceased died of the wound so received, within a year and day after the stroke. It is important, therefore, to show, 1st. That B. was the party killed. 2d. That A. killed him. 3d. The manner of the death. 4th. That the deceased died within the year and day. And you must also prove the dates of the stroke and death. The prisoner, in answer to this charge, should show that this was an involuntary accident, or that he committed the act charged in self-defence, in which cases it would either be an excusable or a justifiable homicide. 9 Geo. 4, c. 31. MANUFACTURES. The 4 Geo. 4, c. 46, repealed by 7 & 8 Geo. 4, c. 27. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. Manufactures. 7 & 8 G.4, c. 30. Sect. III. And be it enacted, That if any person shall un- Destroying silk, lawfully and maliciously cut, break, or destroy or damage, woollen, linen, with intent to destroy or to render useless, any goods or article or cotton goods in the loom, &c. of silk, woollen, linen or cotton, or of any one or more of those or any mamaterials mixed with each other, or mixed with any other ma- chinery belongterial, or any framework-knitted piece, stocking, hose or face ing to those manufactures, respectively being in the loom or frame, or on any machine or &c. Manufactures. engine, or on the rack or tenters, or in any stage, process or progress of manufacture; or shall unlawfully and maliciously 7 & 8 G.4, c. 30. cut, break or destroy, or damage with intent to destroy or to render useless, any warp or shute of silk, woollen, linen or cotton, or of any one or more of those materials mixed with each other, or mixed with any other material, or any loom, frame, machine, engine, rack, tackle or implement, whether fixed or moveable, prepared for or employed in carding, spin. ning, throwing, weaving, fulling, shearing or otherwise manufacturing or preparing any such goods or articles; or shall by force enter into any house, shop, building or place with intent to commit any of the offences aforesaid, every such offender shall be guilty of felony, and, being convicted thereof, shall be 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 for any term not exceeding four years; and, if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. Note. The capital felony prescribed by 22 Geo. 3, had been already repealed by 4 Geo. 4. See Russ. & Ry. 483, Rex v. Hill and others, to wit. Indictment for damaging Silk or other Goods in the Loom. Nottinghamshire, The jurors for our lord the King upon their oath present, that A., late of the parish of in the county of labourer, on, &c. with force and arms, at the parish aforesaid,* in the county aforesaid, fifty yards of [silk] [describe the goods] [woollen serge] of the value of £. of the goods and chattels of one B., in a certain loom used in the making of [the goods in question] belonging to the said B., then and there being, feloniously, unlawfully and maliciously, and without the consent of the said B. the owner thereof, did cut, break and destroy, or, [then and there feloniously, unlawfully and maliciously did damage, with intent the same feloniously, unlawfully, &c. to destroy * Material. |