Homicide by negligence or ignorance.] If a man take upon himself an office or duty, requiring skill or care, if by his ignorance, carelessness or negligence he cause the death of another, he will be guilty of manslaughter: as if a person by careless or furious driving unintentionally run over another, and kill him, it will be manslaughter; R. v. Walker, 1 Car. & P. 320. R. v. Mastin, 6 Car. & P. 396. R. v. Grout, Id. 629. R. v. Timmins, 7 Id. 499; R. v. Swindall et al., 2 Car. & K. 230; or if the person in command of a steam boat, by negligence or carelessness unintentionally run down a boat, &c. and the person in it is thereby drowned, he is guilty of manslaughter. R. v. Green, 7 Car. & P. 156, and see R. v. Allen, Id. 153. Drunkenness, however, is no excuse whatever for homicide. R. v. Carroll, 7 Car. & P. 145, and see R. v. Meakin, Id. 297. But if the death happen without any negligence or carelessness, &c. on the part of the person unintentionally causing it, it will be homicide by misadventure only and excusable.

In like manner, if any person, whether a medical man or not, profess to deal with the life or health of another, he is bound to use competent skill and sufficient attention; and if he cause the death of the other through a gross want of either, he will be guilty of manslaughter. R. v. Spiller, 5 Car. & P. 333. R. v. Van Butchell, 3 Id. 629. R. v. Williamson, Id. 635. R. v. St. John Long, 4 Id. 398, 423. R. v. Webb. 1 Moody & R. 205.

Homicide without intention, in doing another act.] If homicide be intentionally committed, in the prosecution of another offence, it is murder; whether the other offence be a felony or misdemeanor. 1 Hawk. c. 31, ss. 51, 52. But if homicide be unintentionally committed, whilst the offender is committing or endeavouring to commit another offence, if such other offence be a felony, the homicide is murder, Id. ss. 44, 45; see R. v. Pitts, Car. & M. 284; if a misdemeanor, it is manslaughter. Where a sheriff's officer was in possession of goods under an execution, and the owner and others gave him an excessive quantity of spirits to make him drunk, and then put him into a hackney carriage, with orders that he should be driven about the streets, and after being so driven about two hours he was found to be dead: the parties being indicted for manslaughter, Parke, B. told the jury that if they were satisfied that the parties made the deceased drunk for the unlawful purpose of preventing the completion of the execution, or, he being drunk, put him into the carriage for the like purpose, they should find them guilty. R. v. Packard et al., Car. & M. 236. If however, the offence intended be homicide, such as would be deemed manslaughter only, as if two persons upon a sudden quarrel fight, and one of them unintentionally kill a third person who is endeavouring to part them, this will be manslaughter only,

Id. s. 47, unless the person killed be a justice of the peace or constable, in which case the killing would be murder. Id. s. 48. On the other hand, if in doing an innocent act, with reasonable care and skill, it unfortunately cause the death of a third person, as if a person be poisoned by ratsbane laid to destroy vermin, this is homicide per infortunium only, and excusable. Id. s. 46. See R. v. Martyn, 3 Car. & P. 211.

Principals and accessories.] If two persons be present, each aiding and abetting the other either in the commission of a homicide, or in the commission of some other offence, in the prosecution of which a homicide is committed, both generally are equally guilty,-the one who kills, is principal in the first degree, and the other as principal in the second. See R. v. Warner et al., Ry. & M. 380. R. v. Edmeads, 3 Car. & P. 390. R. v. Whitehorn, Id. 394. R. v. Murphy, 6 Id. 103. See R. v. Swindall et al., 2 Car. & K. 230. Even if a man encourage another to kill himself, and be present at the time he does so, he will be principal in the murder. R. v. Dyson, R. & Ry. 523. Where a man and woman, who cohabited together, being in extreme poverty, agreed to commit suicide, and they together took a quantity of laudanum, of which the woman died, but the man recovered; the man was holden guilty of the murder of the woman and convicted. R.v.Alison, 9 Car. & P.418. But if men, after being engaged in concert in attempting a joint offence, separate, and one of them commit homicide, not in pursuance of the joint intent, but in attempting to effect his escape or some other collateral act, he alone is guilty, the other is not. R. v. White and Richardson, R. & Ry. 99. So where A. and B. were riding violently along a road, and seemingly racing, and A. rode past the horse of C. without doing any damage, but B. in following him rode against C. who was thereby thrown and killed: this was holden to be manslaughter in B. only, not in A. R. v. Mastin, 6 Car. & P. 396. There may be cases, however, in which the degree of guilt of principals may be different, and one be guilty of murder, the other of manslaughter only as if A. from malice prepense attack B. and whilst they are fighting C. comes up, takes part with A., and is killed,-this will be murder in A., but manslaughter only in C., 1 Hawk. c. 31, s. 56, unless B. were a magistrate or constable in the execution of his duty, in which case it would be murder in both. Id. s. 57. So if A. with malice prepense meet and suddenly fight with B. and A.'s servants, being present, but not knowing of the malice, take part with their master, and B. be killed,-this will be murder in A., manslaughter only in his servants, Id. s. 55, unless B. were a magistrate or constable as above mentioned. Id. s. 57. So if A. wantonly whip a horse on which B. is riding, so that he run over C. and kill him,-this may be manslaughter in A., but homicide per infortunium only in B. 1 Hawk. c. 29, s. 3.

As to accessories:-There can be no accessories before the fact in manslaughter; 1 Hawk. c. 30 s. 2; but there may in murder; and there may be accessories after the fact in both, 3 inst. 55. Accessories before the fact to murder, are punishable with death; 9 G. 4, c. 31, s. 3; and accessories after the fact, with transportation for life, or imprisonment with or without hard labour for not more than four years. Id. Accesssories after the fact in manslaughter, are punishable with imprisonment, with or without hard labour, for not more than two years. Id. s. 31.

Commitments for Murder or Manslaughter.

Murder, by stabbing.] On - at , feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by stabbing the said C. D. with a knife, in and upon the left side of the belly, and on other parts of the body, of him the said C. D.; thereby giving him divers mortal wounds; of which said mortal wounds the said C. D. instantly died. And you the said keeper, &c.

at

Murder, by shooting.] On•, feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by shooting and discharging a certain pistol loaded with gunpowder and a leaden bullet, at and against the said C. D., thereby giving to the said C. D., in and upon the left breast of him the said C. D., one mortal wound: of which said mortal wound the said C. D. instantly died. And you the said keeper, &c.

Murder, by throwing a stone.] On —, at —, feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by casting and throwing a certain stone at and against the said C. D., and striking the said C. D. with the stone aforesaid, in and upon the right side of the head, thereby giving to the said C. D. one mortal wound; of which said mortal wound the said C. D. afterwards, on the aforesaid, died. And you the said keeper, &c.

at

day of

Murder, by beating.] On ‚ feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by casting and throwing the said C. D. to and against the ground, and then and there, with both the hands and feet of him the said A. B., striking, beating, and kicking the said C. D. upon the head, stomach, back, and sides of him the said C. D., thereby giving to the said C. D. several mortal bruises in and upon the head, stomach, back, and sides of him the said C. D., of which said several mortal bruises the said C. D. afterwards, on the day of keeper, &c.

last past, died. And you the said

at

felo

Murder, by riding over the deceased.] On niously, wilfully, and of his malice aforethought, did kill and murder one C. D., by casting and throwing him upon the ground with a certain horse, upon which the said A. B. then was riding, by means whereof the said horse with his hinder feet did strike and kick the said C. D. in and upon the back part of the head, thereby giving to the said C. D. one mortal fracture and contusion; of which said mortal fracture and contusion he the said C. D. instantly died. And you the said keeper, &c.

at -

Murder, by strangling.] On feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by choking, suffocating, and strangling him; of which said choking, suffocation, and strangling he the said C. D. then and there instantly died. And you the said keeper, &c.

at "

Murder, by drowning.] On —, feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by casting, throwing and pushing the said C. D. into a certain pond of water, by means of which the said C. D. was drowned; of which said drowning the said C. D. then and there instantly died. And you the said keeper, &c.

Murder, by poison.] On at -, feloniously, wilfully, and of his malice aforethought, did kill and murder one C. D., by mixing a large quantity of a certain deadly poison, called white arsenic, with a certain quantity of beer, which the said C. D. was then about to drink, and which the said C. D. then and there did drink; by means whereof he the said C. D. then and there became sick, and of the said poison so drunk by him the said C. D., and of the sickness occasioned thereby, then and there instantly died. And you the said keeper, &c.

Manslaughter.] Same as for murder, except that instead of the words feloniously, wilfully, and of his malice aforethought, did kill and murder," say, "feloniously did kill ana slay,"

HOPBINDS.

See" Malicious Injuries."

HORSE.

See-" Cattle."

HORSE SLAUGHTERING.

Licence.] No person shall keep a house or place, for the purpose of slaughtering any horse, mare, gelding, colt, filly, ass, mule, bull, ox, cow, heifer, calf, sheep, hog, goat, or other cattle, which shall not be killed for butcher's meat, without first taking out a licence for that purpose, at the general quarter sessions held for the county, &c., wherein such house or place shall be situate; and the justices of the peace, at their general quarter sessions assembled, are hereby authorized and empowered to grant such licences as aforesaid, upon a certificate, under the hands and seals of the minister and churchwardens, or overseers, or of the minister and two or more substantial householders of the parish wherein the person applying for such licence shall dwell, that such person is fit and proper to be trusted with the management and carrying on such business as aforesaid; and in case the death of any person to whom such licence shall be granted, the widow or personal representative of such person may carry on the said business, until the then next ensuing general quarter sessions, 26 G. 3, c. 71, s. 1.

And every such licence shall be signed by the justices of the peace assembled at such general quarter sessions, or by the major part of them; and a copy of every such licence shall be entered in a book to be kept for that purpose by the clerk of the peace; and every person so licensed as aforesaid shall cause to be painted or affixed, over the door or gate of the house or place where he shall carry on the said business, in large legible characters, his name, with the words "Licensed for slaughtering horses, pursuant to an Act passed in the twentysixth year of His Majesty King George the Third." Id. s. 2. And if any person, keeping a house or place for slaughtering horses, &c., shall slaughter any horse, or cattle (not being for butcher's meat,) without having affixed over the outer gate or entrance from the public highway to the said licensed premises, the inscription above-mentioned, he shall forfeit, on summary conviction, not more than 5l., nor less than 10s. 5 & 6 W. 4, c. 59, s. 7. See the form of conviction, post, p. 725.

The licence so granted is to be in force for the space of one year only; but it may be renewed upon application, without the certificate above mentioned. 7 & 8 Vict. c. 87, s. 1.

Also, the justices at quarter sessions, upon application and complaint to them in writing by any person, (of which fourteen days' previous notice must be given in writing to the clerk of the peace and the party complained against,) and upon due proof that any person so licensed as aforesaid has been guilty of any breach or violation of the above statutes (26