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Malice ; against owner of property.

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 G.4, c. 30.

7 & 8 Geo. 4, c. 30. Malice against

Sect. XXV. And be it enacted, That every punishment and the owner not forfeiture by this Act imposed on any person maliciously comessential to any mitting any offence, whether the same be punishable upon inoffence under this act.

dictment 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 Da

MALICIOUS DAMAGE, GENERALLY. mage; generally.

The 1 Geo. 4, c. 56, repealed by 7 & 8 Geo. 4, c. 27.

MALICIOUS INJURIES ACT. 7 & 8 G.4,c. 30.

7 & 8 Geo. 4, c. 30. Persons com

Sect. XXIV. And be it enacted, That if any person shall mitting damage wilfully or maliciously commit any damage, injury or spoil to to any property or upon any real or personal property whatsoever, either of a in any case not previously pro

public or private nature, for which no remedy or punishment

is hereinbefore provided, every such person, being convicted be compelled, thereof before a justice of the peace, shall forfeit and pay such by å justice, to sum of money as shall appear to the justice to be a reasonable pay compensa, compensation for the damage, injury or spoil so committed, tion not exceeding £.5.

not exceeding the sum of £.6.: which sum of money shall, in

vided for, may

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 im

Application 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.

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.
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 hard labour, in the common gaol or house of correction, for and Homicide. any term not exceeding four years, or to pay such fine as the

court shall award. 9 Geo. 4, c. 31.

Sect. X. Provided always, and be it enacted, That no puAs to homicide nishment or forfeiture shall be incurred by any person who not felonious.

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.
Hertfordshire, The jurors for our lord the King upon their

to wit.* Joath present, that A., late of the parish of
in the county of - labourer, on the

dayt of

in the year of the reign of by the grace of God, &c. with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one B. feloniously did make an assault

, and that the said Å. [with a certain knife of the value of sixpence] [describe the wound, as in the case of Murder, which see post, tit. MURDER]: or, [a certain stone of no value, which he the said A. in his right hand then and there had and held, &c.] [describe the mode of inflicting the mortal wound, and state it to have been done feloniously,) giving to the said B. then and there with the [knife aforesaid, in and upon the said left side of the belly, between the short ribs of him the said B.], one mortal wound of the breadth of inches, and of the depth of - inches, of which said mortal wound the said B., from the said

day of

in the year aforesaid, until the day of

at the parish aforesaid, in the county aforesaid, did languish, and languishing did live, on which said

day of in the year aforesaid, the said B., at the parish aforesaid, in the county aforesaid, of the said mortal wound died; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said A., the said B. in manner and form aforesaid, feloniously did kill and slay,

in the year

* 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.

against the form of the statute that case made and provided, Manslaughter and against the peace of our said lord the King, his crown and and Homicide. dignity.

9 Geo. 4, c. 31. 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.

MANUFACTURES.

Manufactures. The 4 Geo. 4, c. 46, repealed by 7 & 8 Geo. 4, c, 27.

MALICIOUS INJURIES Act.
7 & 8 Geo. 4, c. 30.

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, Rer v. Hill and others,

Indictment for damaging Silk or other Goods in the Loom. Nottinghamshire, The jurors for our lord the King upon

to wit. | 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.

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