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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 improve ment, 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 wbatso
ever.” 353, note (a) at the end add—“But though their obligation is only to this ex.
tent, 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 para
graph. 386, dele from the paragraph beginning "By the 9 Geo. 1. c. 22.” to the bot
tom, and also the following page, to the words “ without benefit
of clergy," inclusive.
dele note (d).
wilful murder, and takes away clergy."
433, dele the paragraph beginning“ Clergy is taken away in all cases of mur9 G. 3. c. 31.
der,” and insert“By the statute 9 Geo. 4. c. 31. s. 3. every person S. 3. Punish
convicted of murder, or of being an accessory before the fact to ment of prin
murder, shall suffer death as a felon: and every accessory after cipals and ac
the fact to murder shall be liable, at the discretion of the Court, cessories in
to be transported beyond the seas for life, or to be imprisoned, murder.
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 That statute is, however, repealed by 7 Geo. 4.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 misdenieanor 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 misdemeano 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 com
mitted in different counties, the trial may be had in either." 463, line 22, dele the sentence beginning with the words, “With respect to ac
cessories 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 com
end of the paragraph, and insert, “ But this statute is repealed
peerage, shall be indicted of any such offences, by virtue of
of this act.”
stricken, poisoned, or otherwise hurt upon the sea, or at any the trial of
instead of “is," read “ 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, gotes (9) and (r) dele. 465, line 2, after the word “And,” read“ it was also holden that.” 465, dele from the paragraph beginning with the words “Where a person was
struck, &c.” to the end of the page, and also the four first lines 466, line 10, at the end of the paragraph, insert “ The statute 9 Geo. 4. c. 31. Provision for
s. 32. enacts, “That all indictable offences mentioned in this act, offencesagainst which shall be committed within the jurisdiction of the Admiralty this act comof England, shall be deemed to be offences of the same nature, mitted at sea. and liable to the same punishments, as if they had been com
in the next page.
Not to affect the laws relating to the forces.
A woman concealing the birth of her child. See Cornwall's case, R. & R. 336.
mitted upon the land in England, and may be dealt with, eo. quired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralıý of England: provided always, that nothing herein contained, shall alter or affect any of the laws relating to the goveroment
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. 470, note (u) at the end, add “ This statute is now repealed by 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 re. pealed by the recent statute 9 Geo. 4. c. 31. s. 14. which enacts, ihat 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." 476, line 9, after the words, “ so upon the,” insert“repealed statute.” 476, line 11, instead of the words, os will be,” insert“ would have been." 477, dele the last parapraph of the sixth section. 477, dele the first paragraph to the 7th section, and insert “ The judgment
and mode of execution in cases of murder, is now regulated by the statute 9 Geo. 4. c. 31., which repealed the provisions upon that subject in the former statute 25 Geo. 2. c. 37. The fourth section enacts, that every person convicted of murder shall be executed according to law, on the day next but one after that on which the sentence shall be passed, unless the same shall happen to be Sunday, and in that case, on the Mouday following; and the body of every murderer shall, after execution, either be dissected or hung in chains, as to the Court shall seem meet; and sentence shall be pronounced immediately after the convic. tion of every niurderer, unless the Court shall see reasonable cause for postponing the same; and such sentence shall express not only the usual judgment of death, but also the time hereby appointed for the execution thereof, and that the body of the offender shall be dissected or hung in chains, whichsoever of the two the Court shall order: provided always, that after such sentence shall have been pronounced, it shall be lawful for the Court or Judge to stay the execution thereof, if such Court or
Judge shall so think fit.' “ The fifth section enacts, that whenever dissection shall be or
dered 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 sball appoint, for the purpose of being dissected; and the body of the murderer, if executed elsewhere, shall in like manner be delivered to such sur
geon as the Court or Judge shall direct, for the same purpose.' “ The sixth section enacts, that every person convicted of mur
4 G. 4. c. 31.
Sentence to be pronounced immediately.
Power to respite.
S.5. As to the dissection of the bodies of murderers.
S. 6. Prison regulations as
der sball, after judgment, be confined in some safe place within to murderers
to be observed.'”
treason” insert “ The statute 9 Geo. 4. c. 31. s. 2. enacts, that Petit treason
sories in murder.'»
bott, C. J., says, “it is lawful for any person to take into cus-
taken before a magistrate.'
paragraph, and insert.“ By the 7 & 8 Geo. 4. c. lxxv. (local and
the river Thames."
fence of manslaughter is felony within the benefit of clergy,”
to the end of the next page.
sert “ It was observed upon a former statute, 10 Geo. 2. c. 31.,
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.
or to pay such fine as the Court shall award.'”
enacts, “ that no punishment or forfeiture shall be incurred by
defence, or in any other manner, without felony.'
c. 58. made.'" line 8, dele the words “are made."
553, after line 8, dele the next paragraph, beginning “ The 43 Geo. 3. c. 58."
and insert “ That statute is repealed by 9 Geo. 4. c. 31. But
ject. 9 G. 4. c. 31.
“ The thirteenth section enacts,' that if any person, with intent to Administering
procure the miscarriage of any woman then being quick with
child, unlawfully and maliciously shall administer to her, or poison or using any
cause to be taken by her, any poison or other noxious thing, means to pro
or shall use any instrument or other means whatever, with the cure the mis.
like intent, every such offender, and every person counselling, carriage of a
aiding, or abetting such offender, shall be guilty of felony, and woman quick
being convicted thereof, shall suffer death as a felon; and if any with the child.
person, with intent to procure the miscarriage of any woman The like as to
not being, or not being proved to be, then quick with child, una woman not
lawfully and maliciously shall administer to her, or cause to be quick with
taken by her, any medicine or other thing, or shall use any child.
instrument or other means whatever, with the like intent, every
Court shall so think fit), in addition to such imprisonment.”
“ upon the repealed statute 43 Geo. 3. c. 58., which like the
cond section of the statute recites."
and add “ the same repealed statute.”
statutes are repealed by the late act 9 Geo. 4. c. 31. s. 16., which
crime of rape shall suffer death as a felon.'”
ject to capital punishment.”
though that statute is repealed, the late act 9 Geo. 4. c. 31. s.
dele the remainder of the page, and also pages 559, 560, and
561, to the end of line 18, and insert “ But the recent statute 9 G. 4. c. 31.
9 Geo. 4. c. 31. s. 18., reciting, that upon trials for the crimes of
buggery and rape, and of carnally abusing girls under the re What shall be
spective ages thereinbefore mentioned, oftenders frequently esdeemed suffi
caped by reason of the difficulty of the proof which has been cient proof of
required of the completion of those several crimes, for remedy carnal know
thereof, enacts, that it shall not be necessary in any of those ledge in rape,
cases to prove the actual emission of seed in order to constitute &c.
a carnal knowledge, but that the carnal knowledge shall be
deemed complete upon proof of penetration only.' The carnal 564, sect, 2, dele from the beginning of the section to the bottom of the page knowledge of
and insert“ In rape as we have seen the carpal knowledge must a child under
be against the will of the party: but by the fourth section of ten years old
the statute 18 Eliz. c. 7. now repealed carnal knowledge of any made felony
woman child, under the age of ten years was made felony withwithout cler
out benefit of clergy, and this without any reference to the con