where a pauper, chargeable to the parish of St. George, Hanover-square, was admitted an in-patient in St. George's hospital, and died there: the court refused a mandamus, commanding the overseers of the poor of St. George's parish to remove and bury the body, holding that there was no law obliging overseers to do so. R. v. Stennett et al., 10 Law J. 40 m.

Proceedings for penalties.] The conviction may be by one justice. See sect. 9. If the penalty be not paid on conviction, it may be levied by distress and sale of the offender's goods, and paid to the informer; or if there be no sufficient distress, the offender may be committed to the common gaol or house of correction for not more than two calendar months, nor less than fourteen days, unless the penalty and all reasonable charges attending the recovery thereof be sooner paid. Id. s. 8.

Any person feeling himself aggrieved by such conviction, may appeal to the next general or quarter sessions, after a month, giving ten days' notice of appeal, and of the matter thereof, to the persons appealed against, and forthwith after such notice entering into a recognizance before some justice of the county, &c., with sufficient sureties, conditioned to try such appeal, and abide the order and award of the said court thereon the justices at sessions may award costs to either party, and they may, if they see cause, mitigate the penalty, and may also order such further satisfaction to the party injured as they shall adjudge reasonable. Id. s. 10.

:

Expenses, how paid.] Ali necessary expenses incurred in the execution of this Act, shall be paid in the first instance by the churchwardens or overseers, or constable or headborough, of the parish or place; Id. s. 5; who shall be afterwards reimbursed by an order of any one justice of the peace upon the treasurer of the county, &c., Id. s. 6, to be paid out of the county rate. Id. s. 14.

Disinterment, or Sale of Dead Bodies.

In what cases punishable.] Disinterring a dead body, even for the purpose of dissection, is a misdemeanor at common law, and punishable with fine or imprisonment, or both. R. v. Lynn, 2 T. R. 733. R. v. Gillies, R. & Ry. 366, n. So the sale of a dead body, even for the purpose of dissection, was formerly a misdemeanor, and punishable in like manner; see R. v. Čundick, Dowl. & Ry. N. P. C. 13; and is so still, where it is not authorized by stat. 2 & 3 W. 4, c. 75, which shall presently be noticed.

Commitment:-On

at unlawfully did disinter and dig up the dead body of a man [unknown or formerly called and

known by the name of C. D.], then and there buried. And you the said keeper, &c.

Dead bodies for dissection.] By stat. 2 & 3 W. 4, c. 75, cer tain provisions are made for regulating schools of anatomy. The secretary of state for the home department may grant a licence to practise anatomy, to any fellow or member of the college of physicians or surgeons; to any graduate or licentiate in medicine; to any person lawfully qualified to practise medicine; to any professor or teacher of anatomy, medicine, or surgery, or to any student attending a school of anatomy,on an application, countersigned by two justices of the peace for the county, &c. in which the party resides, "certifying that to their knowledge or belief such party so applying is about to carry on the practice of anatomy.” Id. s. 1. Inspectors are appointed to inspect the places where anatomy is practised, and to make returns of the dead bodies removed for the pur. pose of anatomical examination. Id. 88.5, 4.

Any executor or other party having lawful possession of the body of any deceased person, and not being an undertaker or other party intrusted with the body for the purpose only of interment, may permit the body of such deceased person to undergo anatomical examination, unless, to the knowledge of such executor or other party, such person shall have expressed his desire, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife, or any known relative of the deceased person, shall require the body to be interred without such examination. Id. 8. 7.

And if any person, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, shall direct that his body after death be examined anatomically, or shall nominate any party by this Act authorized to examine bodies anatomically to make such examination, and if, before the burial of the body of such person, such direction or nomination shall be made known to the party having lawful possession of the dead body, then such last-mentioned party shall direct such examination to be made, and in case of any such nomination as aforesaid, shall request and permit any party so authorized and nominated as aforesaid to make such examination, unless the deceased person's surviving husband or wife, or nearest known relative, or any one or more of such person's nearest known relatives, being of kin in the same degree, shall require the body to be interred without such examination. Id. 9.8.

The body, however, shall not be removed until after 48 hours from the decease, nor until 24 hours' notice to the

inspector of the district, nor unless a certificate stating in what manner such person came by his death shall previously have been signed by the physician, surgeon, or apothecary, who attended such person during the illness whereof he died, or who shall be called in after death to view the body, but who shall not be concerned in examining the body after removal; such certificate to be delivered, with the body, to the party receiving the same for anatomical examination. Id. s. 9. The body shall be removed in a shell or coffin; Id. s. 13; and any person licensed under this Act may lawfully receive it, and is not punishable for having it in his possession; Id. s. 10, 14; and within 24 hours afterwards he shall lodge with the inspector of the district the certificate he received with the body. Id. s. 11. After the body has undergone anatomical examination, it shall be decently buried. Id. s. 13.

Any person offending against the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment not exceeding three months, or fine not exceeding 50l. Id. s. 18.

DEED.

See "Forgery," "Larceny.”

DEER.

See "Larceny."

DEFECTS AIDED.

What defects shall not vitiate.] "That the punishment of offenders may be less frequently interrupted in consequence of technical niceties, be it enacted, that no judgment upon any indictment or information for any felony or misdemeanor, whether after verdict or outlawry, or by confession, default or otherwise, shall be stayed or reversed for want of the averment of any matter unnecessary to be proved, or for the omission of the words 'as appears by the record,' or the words 'with force and arms,' or the words 'against the peace,' nor for the insertion of the words 'against the form of the statute,' instead of the words 'against the form of the statutes,' or vice versá; nor for that any person or persons mentioned in the indictment or information is or are designated by a name of office

or other descriptive appellation, instead of his, her, or their proper name or names; nor for omitting to state the time at which the offence was committed, in any case where time is not of the essence of the offence; nor for stating the time imperfectly; nor for stating the offence to have been committed on a day subsequent to the finding of the indictment or exhibiting the information, or on an impossible day, or on a day that never happened; nor for want of a proper or perfect venue, where the court shall appear by the indictment or information to have had jurisdiction over the offence." 7 G. 4, c. 64, 8. 20. See R. v. O'Connor et al., 13 Law J. 33 m., 5 Q. B. 16.

What defects aided by verdict.] "No judgment after verdict upon any indictment or information for any felony or misdemeanor, shall be stayed or reversed for want of a similiter; nor by reason that the jury process has been awarded to a wrong officer upon an insufficient suggestion; nor for any misnomer or misdescription of the officer returning such process, or of any of the jurors; nor because any person has served upon the jury, who has not been returned as a juror by the sheriff or other officer; and that where the offence charged has been created by any statute or subject to a greater degree of punishment by any statute, the indictment or information shall after verdict be held sufficient, if it describe the offence in the words of the statute." Id. s. 21. See R. v. Martin et ux., 8 Ad. & El. 481.

DEMURRER.

A demurrer is a pleading, by which the legality of the last preceding pleading is denied and put in issue, and the issue is then determined by the court. In criminal cases, it is only in proceedings by indictment or information that a demurrer can be pleaded, that is to say, either to the indictment or information itself, or to the plea or subsequent pleading. But in practice, it very seldom occurs. A defendant seldom demurs to an indictment, except for defects which would be cured by verdict by stat. 7 G. 4, c. 64, supra; because in general he may have the same advantages by a motion in arrest of judgment, after he has been convicted by verdict. And demurrers to other pleadings occur still more seldom, as special pleadings scarcely ever occur in practice, except in prosecutions for nonrepair of highways or bridges.

A demurrer in criminal cases has the effect of opening the whole record to the court; and therefore upon arguing it, a

defendant may take objections, as well to the jurisdiction of the court where the indictment was found, as to the subject matter of the indictment itself. R. v. Fearnley, 1 T. R. 316.

In misdemeanors, the judgment upon demurrer is final, and not merely that the party shall answer over. Per Lawrence, J., in R. v. Gibson, 8 East, 112. But in felonies, the defendant is not concluded by the judgment on demurrer, but if the judgment be against him he may still plead not guilty; and where a defendant in such a case demurs, it is usual for him at the same time to plead over to the felony. R. v. Phelps et al., Car. & M. 180. R. v. Adams et al., Id. 299, but see R. v. Bowen, 1 Car. & K. 501.

DEMANDING MONEY WITH MENACES, &c.

See "Larceny."

DEODAND.

See "Coroner."

DESERTION.

See "Mutiny."

DISORDERLY HOUSE.

What, &c.] It is clearly agreed that keeping a bawdy-house is a common nuisance, as it endangers the public peace, by drawing together dissolute and debauched persons, and has also a tendency to corrupt the manners of both sexes by such an open profession of lewdness. 1 Hawk. c. 74, s. 1. And a

lodger who keeps only a single room for the purpose, is indictable as for keeping a bawdy-house. Id. s. 3. Also a feme covert is punishable for this offence, as much as if she were sole. Id. s. 2. But the fact of a woman keeping a house for the purpose of her own prostitution merely, it seems, would not be sufficient in law to make the house a disorderly house; it must be a house for the common reception of men and women generally for the purpose of prostitution.