The preventing a dead body from is an indictable offence. sessions is also given to any person thinking himself aggrieved by anything done in pursuance of the act. (h) The preventing a dead body from being interred has been considered as an indictable offence. Thus, the master of a workbeing interred house, a surgeon, and another person, were indicted for a conspiracy to prevent the burial of a person who had died in a workhouse. (i) And though Hyde, C. J., upon a question how far the forbearance to sue one who fears to be sued, is a good consideration for a promise, (j) cited a case where a woman, who feared that the dead body of her son would be arrested for debt, was holden liable, upon a promise to pay in consideration of forbearance, though she was neither executrix nor administratrix; (k) yet the other judges are said to have doubted of this: () and in a recent case, Lord Ellenborough, C. J., said it would be impossible to contend that such a forbearance could be a good consideration for an assumpsit. (m) Lord Ellenborough, C. J., continued, "to seize a dead body upon any such pretence would be contra bonos mores, and an extortion upon the relatives." And in a subsequent part of the case, his Lordship said, "As to the case cited by Hyde, C. J., of a mother who promised to pay on forbearance of the plaintiff to arrest the dead body of her son, which she feared he was about to do, it is contrary to every principle of law and moral feeling such an act is revolting to humanity, and illegal. So also is the preventing a minister from performing the burial service. The interment a person who has died a violent death before the is sent An indictment will lie for wilfully obstructing and interrupting a clergyman in reading the burial service, and interring a corpse ; but such an indictment must allege that the person obstructed was a clergyman, and that he was in the execution of his office, and lawfully burying the corpse; and it must also show how the party was obstructed, as by setting out the threats and menaces used. And it is not sufficient to allege that the party did unlawfully, by threats and menaces, prevent the burial. (n) There is one case in which the too speedy interment of a dead of the body of body may be an indictable offence; namely, where it is the body of a person who has died of a violent death. In such case, by Holt, C. J., the coroner need not go ex officio to take the inquest, but ought to be sent for, and that when the body is fresh; and to coroner is sent bury the body before he is sent for, or without sending for him, is a misdemeanor. (o) It is also laid down that if a dead body in prison, or other place, whereupon an inquest ought to be taken, be interred or suffered to lie so long that it putrefy before the coroner has viewed it, the gaoler or township shall be amerced. (p) meanor. (h) Id. sec. 10. (i) Rex v. Young and others, cited in Rex v. Lynn, 2 T. R. 734. (j) Quick v. Coppleton, 1 Vent. 161. (k) The name of the case is not men- (1) Quick v. Coppleton, 1 Vent. 161. (n) Rex v. Cheere, 4 B. & C. 902. 7 D. & R. 461. See Rex v. How, 2 Str. 699. (0) Regina v. Clark, 1 Salk. 377. Anon. 7 Mod. 10. 2 Hawk. P. C. c. 9, s. 23, note (4). (p) 2 Hawk. P. C. c. 9, s. 23. And see an indictment against a township for a misdemeanor, in burying a body without notice to the coroner, 2 Chit. Cr. L. 256. CHAPTER THE THIRTY-NINTH. OF GOING ARMED IN THE NIGHT TIME FOR THE DESTRUCTION OF THE 9 Geo. 4, c. 69, s. 1, reciting the 57 Geo. 3, c. 90, and that "the practice of going out by night for the purpose of destroying game has nevertheless very much increased of late years, and has in very many instances led to the commission of murder, and of other grievous offences; and it is expedient to repeal the said recited act, and to make more effectual provisions than now by law exist for repressing such practice," enacts" that the said recited act shall be, and the same is hereby repealed, except so far as the same repeals any other acts; and if any person shall, after the passing of this act, by night, unlawfully take or destroy any game or rabbits in any land, whether open or inclosed, or shall by night unlawfully enter or be in any land, whether open or inclosed, (a) with any gun, net, engine, or other instrument, for the purpose of taking or destroying game, (b) such offender shall, upon conviction thereof before two justices of the be committed for the first offence to the common gaol or peace, house of correction for any period not exceeding three calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance, or in Scotland by bond of caution, himself in ten pounds, and two suretics in five pounds each, or one surety in ten pounds, for his not so offending again for the space of one year next following; and in case of not finding such sureties, shall be further imprisoned and kept to hard labour for the space of six calendar months, unless such sureties are sooner found; and in case such person shall so offend a second time, and shall be thereof convicted before two justices of the peace, he shall be committed to the common gaol or house of correction for any period not exceeding six calendar months, there to be kept to hard labour, and at the expiration of such period shall find sureties by recognizance, or bond as aforesaid, himself in twenty pounds, and two sureties in ten pounds each, or one surety in twenty pounds, for his not so offending again for the space of two years next following; and in case of not finding such sureties, shall be further imprisoned (a) See Tapsell v. Croskey, 7 M. & W. 441, as to this word in the Turpike Act, 3 Geo. 4, c. 126. (b) It is to be observed that the word "rabbits" is here omitted; so that if poachers enter for the purpose of taking rabbits, but have not either taken or destroved any, they have committed no offence within sec. 1, and therefore sec. 2 gives no Recited act repealed. Persons taking or destroying game by night to be com mitted, for the first offence, for three months, and kept to hard labour, and to find suretics; second offence, six months, and kept to and to find sureties; hard labour, and kept to hard labour for the space of one year, unless such sure- By sec. 2, "where any person shall be found upon any land committing any such offence as is herein-before mentioned, it shall be lawful for the owner or occupier of such land, or for any person having a right or reputed right of free warren or free chase thereon, or for the lord of the manor or reputed manor wherein such land may be situate, and also for any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender upon such land, or in case of pursuit being made, in any other place to which he may have escaped therefrom, and to deliver him as soon as may be into the custody of a peace officer, in order to his being conveyed before two justices of the peace; and in case such offender shall assault or offer any violence with any gun, crossbow, fire-arms, bludgeon, stick, club, or any other offensive weapon whatsoever, towards any person hereby authorized to seize and apprehend him, he shall, whether it be his first, second, or any other offence, be guilty of a misdemeanor, and being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond seas for seven years, or to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding two years; and in Scotland, whenever any person shall so offend, he shall be liable to be punished in like manner." (b) By sec. 4, "the prosecution for every offence punishable upon summary conviction by virtue of this act shall be commenced within six calendar months after the commission of the offence; and the prosecution for every offence punishable upon indictment, or otherwise than upon summary conviction, by virtue of this act, shall be commenced within twelve calendar months after the commission of such offence." (c) By sec. 8, "on every conviction under this act for a first or second offence the convicting justices shall return the same to the next quarter sessions for the county, riding, division, city, or place wherein such offence shall have been committed; and the record of such conviction, or any copy thereof, shall be evidence in any prosecution to be instituted against the party thereby convicted for a second or third offence; and the clerk of the peace shall immediately on such return make or cause to be made a memorandum of such conviction in a register, to be kept by him of the names and places of abode of (b) By sec. 3, a justice may issue his warrant to apprehend any person charged on the oath of any credible witness with any offence punishable under the act upon summary conviction. (c) Sec. 5 gives the form of conviction for offences under the act; as to which see Rex v. Mellor, 2 Dowl. P. R. 173. Sec. 6 gives an appeal to any person aggrieved by any summary conviction; and sec. 7 takes away the certiorari. See Rex v. Mellor, supra, and Rex v. Hester, 4 Dowl. P. R. 589. the persons so convicted, and shall state whether such conviction be the first or second conviction of the offending party." the number of By sec. 9, "if any persons, to the number of three or more toge- Persons to ther, shall by night unlawfully enter or be in any land, whether open three, being or inclosed, for the purpose of taking or destroying game or rabbits, armed, enterany of such persons being armed with any gun, crossbow, fire-arms, ing any land bludgeon, or any other offensive weapon, each and every of such by night for the purpose of persons shall be guilty of a misdemeanor, and being convicted thereof destroying before the justices of gaol delivery, or of the Court of great sessions game, &c., of the county or place in which the offence shall be committed, shall are guilty be liable, at the discretion of the Court, to be transported beyond seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned and kept to hard labour for any term not exceeding three years; and in Scotland, any persons so offending shall be liable to be punished in like manner." (d) of a misde meanor. By sec. 12, "for the purposes of this act the night shall be consi- What time dered, and is hereby declared to commence at the expiration of the shall be confirst hour after sunset, and to conclude at the beginning of the last sidered night. hour before sunrise." By sec. 13, "for the purposes of this act the word 'game' shall be What shall be deemed to include hares, pheasants, partridges, grouse, heath or deemed game. moor game, black game, and bustards." Where a bill of indictment had been preferred within a year after Commencethe commission of an offence under this act, against the prisoner and ment of the Robins, and ignored as to the prisoner, but found against Robins, prosecution. who was convicted, and four years afterwards a fresh bill was found against the prisoner; it was considered to be clear that preferring the first bill was the commencement of a prosecution, but it was doubted whether the condition in section 4, requiring a prosecution by indictment to be commenced within twelve calendar months, had been complied with by preferring the bill, which was ignored. And Adam v. The Inhabitants of Bristol (e) was referred to; where, in an action for an injury to property by rioters on the 7 & 8 Geo. 4, c. 31, which requires the action to be commenced within three months, the party had commenced an action within three months, and died, and her executor brought an action within forty days after her death, but more than three months after the damage was done, and it was contended that the condition having been once complied with, the executor had a right to bring an action within a reasonable time; but the Court held that the action was not brought in time. (ƒ) (d) By sec. 10, in Scotland the sheriff of the county within which the offence shall have been committed shall have a cumulative jurisdiction with the justices of the peace in regard to the same; and the conviction in Scotland may be proved in the same manner as a conviction in any other case according to the law of Scotland; and by sec. 11, in all cases in Scotland of a third offence, or in other cases in Scotland where a sentence of transportation may, by the provisions of this act, be pronounced, the offender shall be tried before the High Court or Circuit Court of Justiciary. (e) 2 A. & E. 389, 4 N. & M. 144. also Rex v. Phillips, R. & R. 369, where it As to the power to apprehend poachers. Although three or more poachers are out by night armed, and are guilty of an offence within sec. 9, still they are liable to be apprehended under sec. 2, as they are guilty of an offence under sec. 1, as well as under sec. 9. (g) If persons are found actually in the commission of an offence against sec. 1, they may be apprehended by the persons authorized to apprehend by sec. 2, although no notice be given to them of the cause for which they are apprehended; for the circumstances constitute sufficient notice. (h) And it is not necessary that there should be a written authority; it is sufficient if the party were employed as a watcher of game preserves by the lord of the manor. (1) And although the persons mentioned in sec. 2 have no authority to apprehend unless the poachers are found upon the manor or land of the persons therein specified; (j) yet if a poacher be found on the manor by a servant of the lord, and run off it, but being pursued return upon it again, the servant may apprehend him, for it is the same as if he had never been off the manor. (k) Where a wood was neither the property of the master of an assistant gamekeeper, nor in his occupation, nor within any manor which belonged to him, and he had only the permission of the owner to preserve the game there, it was held that the assistant gamekeeper had no authority to apprehend poachers in the wood. (7) Unless a poacher be found in pursuit of game between the expiration of the first hour after sunset and the beginning of the first hour before sunrise, there is no power to apprehend him under sec. 2. (m) prisoner was apprehended for treason re- (g) Rex v. Ball, R. & M. C. C. R. 330. (h) Rex v. Payne, R. & M. C. C. R. 378. Rex v. Davis, 7 C. & P. 785, Parke, B. Rex v. Taylor, 7 C. & P. 266, Vaughan, B. See these and other similar cases, post, tit. Manslaughter, Resisting Officers. (i) Rex v. Price, 7 C. & P. 178, Park, J. J. A. & Coleridge, J. (j) Rex v. Addis, 6 C. & P. 388, Patteson, J. Rex v. Davis, 7 C. & P. 785, Parke, B. (k) Rex v. Price, supra, note (i). The authority given by sec. 2 to apprehend "in case of pursuit in any other place to which he may have escaped," seems not to have been adverted to in this case. (1) Rex v. Addis, supra, note (j) (m) Rex v. Tomlinson, 7 C. & P. 183, Coleridge, J. See the case, post, tit. Manslaughter, Resisting Officers. By the 7 & 8 Geo. 4, c. 29, s. 30, which will be found in vol. 2, any person in the day time taking or killing any hare or coney in any warren, or ground lawfully used for the breeding or keeping of hares or conies, or at any time setting or using therein any snare or engine for the taking of hares or conies, is subjected to a penalty of not exceeding 54; and by sec. 63 may, if found committing the offence, ap |