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Mines.

at the parish aforesaid, in the county aforesaid, a certain quantity, to wit, one hundred pounds weight of [lead ore, &c.*] 7 & 8 G. 4, c. 30, [or, a certain quantity, to wit, one waggon load of coals] of the value of, &c. of and belonging to one B. in a certain [lead mine] [or, coal mine] of and belonging to the said B. there ituate, then and there being found, from and out of the said mine feloniously did steal, take and carry away, to wit, on the day and year aforesaid, at the parish aforesaid, in the county aforesaid, [or, from the said mine feloniously did sever, with intent then and there feloniously to steal, take and carry away the same, to wit, on the day, &c.] against the form of the statute, &c. and against the peace of our lord the King, his crown and dignity.

Evidence.

Here the proprietor must show that the mine was his, or was the property of the person to whom the indictment states it to belong; and he must then prove the loss or severance of the ore or other property, according to the allegations. Having done this, the guilt of stealing, or intending so to do, must be brought home to the prisoner.

Indictment for malicious injuries to Mines.
I. For setting fire to Coal Mines.

Somersetshire,
to wit.

The jurors for our lord the King, upon their Joath 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, a certain mine of coal [or, of cannel coal] of and belonging to one B. there situate, feloniously, unlawfully and maliciously did set fire to, to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

Here you must prove the ownership of the mine, that it was a mine of coal, and that the prisoner set fire to it. A malicious intention will be presumed, upon proof of the circumstances above stated.

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Indictment for destroying or damaging a Mine by means of

Water.

Mines.

Somersetshire, The jurors for our lord the King, upon their 7 & 8 G. 4, c. 30. to wit. Soath present, that A. late of the parish ofin the county of Somerset, labourer, on, &c. with force and arms, at the parish aforesaid,* in the county aforesaid, a certain large quantity, to wit, one thousand gallons of water into a certain mine [of coal] of and belonging to one B. there situate, feloniously, unlawfully and maliciously did cause to be conveyed, with intent thereby then and there feloniously to destroy and damage the said mine, [or, to hinder and delay the working of the said mine] to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

The ownership of the mine, the injury done to it, the guilt of the prisoner, and the intent to destroy, damage, &c. are the necessary proofs to support this indictment. Nevertheless, the wilful act of the prisoner, unless explained to the satisfaction of the jury, will be evidence from whence his malicious intention may be presumed.

Indictment for pulling down Airways, &c. belonging to Mines. Somersetshire, The jurors for our lord the King, upon their to wit. Joath present, that A. late of the parish of

in the county of Somerset, labourer, on, &c. with force and arms, at the parish aforesaid, † in the county aforesaid, a certain airway, [or, waterway] [drain] [pit] [level] [shaft] of and belonging to a certain [coal] mine, the property of one B. there situate, feloniously, unlawfully and maliciously did pull down [fill up] [obstruct] with intent thereby then and there feloniously to destroy and damage the said mine [or, to hinder and delay the working of the said mine], to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

The evidence above-mentioned, as applicable to the above cases, relates also to this indictment. Consequently, the malicious damage done must be proved, and it must appear

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Mines.

7 & 8 G.4, c.30.

that the prisoner was the author of it. The ownership of the mine must also be shown, and the jury must be satisfied that the injury was wilful.

Indictment for damaging Engines in Mines. Somersetshire, 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, &c. with force and arms, at the parish aforesaid,* in the county aforesaid, a certain [steam] engine, of and belonging to one B. the said engine being used for the sinking [draining] [working] of a certain [coal] mine, the property of the said B. there situate, feloniously, unlawfully and maliciously did pull down and destroy [or, did damage, with intent thereby then and there feloniously to destroy and render useless the said [steam engine] to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Evidence.

Here again, the ownership of the engine, the particular damage done, the guilt of the prisoner, and the wilful intent of the mischief must be shown.

Miscarriage.

Misdemeanor.

MISCARRIAGE, PROCURING, see WOMEN.

MISDEMEANOR, see FELony.

Misnomer.

7 Geo. 4, c. 64.

MISNOMER.

Note.-The dilatory plea of misnomer is now done away with by a summary jurisdiction, which the court is allowed to exercise, of causing the proper amendment to be forthwith made.

CRIMINAL JUSTICE ACT.

7 Geo. 4, c. 64.

Indictment not Sect. XIX. And for preventing abuses from dilatory pleas, to abate by dila- be it enacted, That no indictment or information shall be tory plea of mis- abated by reason of any dilatory plea of misnomer or of want

nomer or of

want of addition,

&c.

* Material.

of addition, or of wrong addition of the party offering such plea, if the court shall be satisfied by affidavit or otherwise

Misnomer.

of the truth of such plea; but in such case the court shall 7 Geo. 4, c. 64. forthwith cause the indictment or information to be amended

according to the truth, and shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea had been pleaded.

MORAVIANS.

See EVIDENCE.

Moravians.

MURDER.

9 Geo. 4, c. 31.

I. Punishment of Murder, sect. 3. II. Execution of Murderers, sect. 4. III. Dissection of Murderers, sect. 5.

IV. Prison Regulations as to Murderers, sect. 6.

For the trial of Murderers, see tit. TRIAL.

Note. The law of murder is arranged and consolidated by this act. The old writs de odio et atiâ are done away with, and the offences of principal and accessory, both before and after the fact, are distinctly pointed at in the third section now before us.

The 9 Hen. 3, c. 26, inquisitions of life or member; 52 Hen. 3, c. 25, murder; 3 Edw. 1, c. 11 and c. 13, inquests of murder, and writ de odio et atiâ ; 13 Edw. 1, st. 1, c. 29 and 34, writ of odio et atiâ; 2 Hen. 5, st. 1, c. 9, persons fleeing for murders, &c.; 1 Edw. 6, c. 12, murder; 4 & 5 Phil. & Mary, c. 4, accessories to murder, &c.; 2 Geo. 2, c. 21; 25 Geo. 2, c. 37, except s. 9 & 10; 43 Geo. 3, c. 113 accessories to murder, &c. repealed by 9 Geo. 4. c. 31.

LORD LANSDOWNE'S ACT.

9 Geo. 4, c. 31.

Murder.

9 Geo. 4, c. 31.

9 Geo. 4, c. 31.

Sect. III. And be it enacted, That every person convicted Punishment of of murder, or of being an accessory before the fact to murder, accessories in principals and shall suffer death as a felon ; and every accessory after the fact murder.

Murder.

to murder shall be liable, at the discretion of the court, to be transported beyond the seas for life, or to be imprisoned, with 9 Geo. 4, c. 31. or without hard labour, in the common gaol or house of correction, for any term not exceeding four years.

Note.-Indictments for murder are drawn according to the nature of the death, whether it have happened by shooting, stabbing, poisoning, starving, &c. The following are some of the precedents which most commonly occur.

Indictment for Murder, by Stabbing with a Knife. 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, &c.* with force and arms, at the parisht aforesaid, in the county‡ aforesaid, in and upon one B., feloniously, wilfully and of his malice aforethought.§ did make an assault, and that he the said A., with a certain knife of the value of sixpence,|| which he the said A. in his right hand then and there had and held, the said B. in and upon the left side of the belly, ¶ [describe the place where the wound was made] of him the said B., then and there feloniously, wilfully and of his malice aforethought, did strike and thrust, giving to the said B. then and there with the knife aforesaid, in and upon the aforesaid left side, &c. [as the case may be] of him the said B., one mortal wound of the breadth of three inches, and of the depth of six inches,** of which said mortal wound the said B. from the in the year

day of in the year at the aforesaid, did languish, and day of tt in the

aforesaid until the day of
parish aforesaid, in the county
languishing did live, on which said

* Be particular as to the day.
+ Some parish in the county.

The county where the striking or death happened, See 9 Geo. 4, c. 31, s. 8.

These words are indispensable.

State the value, because of the deodand, but the omission will not vitiate the indictment.

But if the stroke be found to have been made upon any

other part of the body, it will be sufficient.

**It is prudent to state this. See Ry. & M. C. C. 97.
tt Be particular as to the day.

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