prisoner, either naturally or in consequence of disease or accident, is subject to such aberrations of the mind as prevent him, while they last, from distinguishing right from wrong, it will be for the jury to consider whether he committed the crime during any of such aberrations; and, if they find that he did, they are to acquit him, at the same time stating the grounds of such acquittal see 39 & 40 Geo. 5, c. 94. But, if the prisoner be proved, though occasionally insane, to have formed a design for committing murder, and to have known the consequences of the crime at the time of its conception or perpetration, he cannot be acquitted: Lord Ferrer's case, 19 How. St. Tri. 947; Arnold's case, 16 How. St. Tri. 764. And it seems to be immaterial how great the illusion was under which the prisoner laboured, if he had any sense of right or wrong left: Bellingham's case, Collinson on Lunacy, vol. 1, p. 672. As to accessories, see 1 Russ. 431. It has been decided that, if the person charged as principal be acquitted, a conviction of another charged in the indictment as present, aiding, and abetting, is good: ibid. It may be remarked that the change in the 7th section of this act, relating to accessories after the fact, is new. The repealed statute of 25 Geo. 2, c. 37, after providing that the sels, or per bodies of murderers should be delivered to the surgeons to be dissected and anatomized, enacted, that in the sentence should be expressed, not only the usual judg ment of death, but also the time, &c. and the marks of infamy thereby directed for such offenders; and then a subsequent section gave power to the judge to appoint the body of the criminal to be hung in chains. Under these provisions, it was held that the marks of infamy to be inserted in the judgment were the dissection and anatomizing only, and not the hanging in chains. By this act, however, the form of the sentence is altered, and will vary according to circumstances. It seems doubtful whethe award of dissection, in pursuance of this act, is an essential part of the sentence; but the omission of it will be remedied by the judge going again into court after adjournment, and passing a fresh judgment on prisoner: Fletcher's case, R. &. R. 60. It is not essential to award the day of execution in the sentence, the statutein that respect being only directory; and, notwithstanding the statute, the judge may, if he see fit, order a person convicted of murder to be executed immediately, or at any time within forty-eight hours after the conviction, as in any other capital felony : Wyatt's case, R. & R. 220. NEGLECTING QUARANTINE. 6 Geo. 4, c. 78. Penalty on XVII. Be it enacted, that if any commander, master, or masters, &c. other person, having charge of any vessel liable to perform quitting vesquarantine, and on board of which the plague or other inmitting per- fectious disease or distemper shall not then have appeared, sons to quit shall himself quit, or shall knowingly permit or suffer any them, or seaman or passenger, coming in such vessel, to quit such ng same to vessel, by going on shore or by going on board any other not convey vessel or boat, before such quarantine shall be fully per- the appointformed, unless by such licence as shall be granted by virtue ed place, 4007. of any order in council to be made concerning quarantine as aforesaid, or in case any commander or other person, having charge of such vessel, shall not, within a convenient time after due notice given for that purpose, cause such vessel, and the lading thereof, to be conveyed into the place or places appointed for such vessel and lading to perform quarantine; then, and in every such case, every such commander, master, or other person as aforesaid, for every such offence, shall forfeit and pay the sum of four Penalty on hundred pounds; and, if any such person, coming in any persons such vessel, liable to quarantine, (or any pilot or other coming in such vessels, person going on board the same, either before or after the or going on arrival of such vessel at any port or place in the United board, and Kingdom, or the islands aforesaid,) shall, either before or quitting after such arrival, quit such vessel, unless by such licence them before discharged as aforesaid, by going on shore in any port or place in the from quaUnited Kingdom, or the islands aforesaid, or by going on rantine, to board any other vessel or boat, with intent to go on shore suffer imas aforesaid, before such vessel, so liable to quarantine as for six prisonment aforesaid, shall be regularly discharged from the perform- months, and ance thereof, it shall and may be lawful for any person forfeit 3007. whatsoever, by any kind of necessary force, to compel such pilot or other person so quitting such vessel, so liable to quarantine, to return on board the same; and every such pilot or other person so quitting such vessel, so liable to quarantine, shall, for every such offence, suffer imprisonment for the space of six months, and shall forfeit and pay the sum of three hundred pounds. NUISANCE. 1. SABBATH-BREAKING, 395. 2. GAMING-HOUSES, LOTTERIES, PLACES OF ENTERTAINMENT, &c. 399, 3. DANGEROUS AND OFFENSIVE NUISANCES. 4. NUISANCES TO HIGHWAYS, TURNPIKES, AND BRIDGES. 1- Car. 1, c. 1, (continued by 3 Car. 1, c. 4, ad 16 Car. 1, c.4.) Forasmuch as there is nothing more acceptable to God than the true and sincere service and worship of him, according to his holy will, and that the holy keeping of the Lord's Day is a principal part of the true service of God, which, in very many places of this realm, hath been and now is, profaned and neglected by a disorderly sort of people, in exercising and frequenting bear-baiting, bull-baiting, interludes, common plays, and other unlawful exercises There shall be no assemblies for unlawful pastimes upon the Lord's day. Sabbath- and pastimes, upon the Lord's Day; and for that many breaking. quarrels, bloodsheds, and other great inconveniences, have Every per. son using any unlaw ful pastimes on the Lord's day, shall forfeit 3s. 4d. to the poor of the parish. grown, by the resort and concourse of people going out of their own parishes to such disordered and unlawful exercises and pastimes, neglecting divine service both in their own parishes and elsewhere: be it enacted, &c. that, from and after forty days next after the end of this session of parliament, there shall be no meetings, assemblies, or concourse of people out of their own parishes on the Lord's Day, within this realm of England, or any the dominions thereof, for any sports and pastimes whatsoever; nor any bear-baiting, bull-baiting, interludes, common plays, or other unlawful exercises and pastimes used by any person or persons within their own parishes; and that every person or persons offending in any the premises, shall forfeit, for every offence, three shillings, four-pence, the same to be employed and converted to the use of the poor of the parish where such offence shall be committed; and that any one justice of the peace of the county, or the chief officer or officers of any city, borough, or town corporate, where such offence shall be committed, upon his or their view or confession of the party, or proof of any one or more witnesses, by oath, which the said justice or chief officer or officers shall, by virtue of this act, have authority to minister, shall find any person offending in the premises, the said justice, or chief officer or officers, shall give warrant under his or their hand and seal, to the constables and churchwardens of the parish or parishes where such offence shall be committed, to levy the said penalty so to be assessed, by way of distress and sale of the goods of every such offender, rendering to the said offender the overplus of the money raised of the said goods so to be sold; and, in default of such distress, that the party offending be set publicly in the stocks by the space of three hours; and that, if any man be sued or impeached for execution of this law, he shall and may plead the general issue, and give the said matter of justification in evidence: provided, that no man be impeached by this act, except he be called in question within one month next after the said offence committed: provided also, that the ecclesiastical jurisdiction within this realm, or any the dominions thereof, by virtue of this act or any thing therein contained, shall not be abridged, but that the Ecclesiastical Court may punish the said offences as if this act had not been made. 3 Charles 1, c. 1, (enforced by 29 Car. 2, c. 7.) Forasmuch as the Lord's Day, commonly called Sunday, is much broken and profaned by carriers, waggoners, carters, wainmen, butchers, and drovers of cattle, to the great dishonour of God and reproach of religion; be it, therefore, Sabbath forfeit 20s. enacted, &c. that no carrier with any horse or horses, nor waggonmen with any waggon or waggons, nor carman breaking. with any cart or carts, nor wainman with any wain or A carrier, wains, nor drover with any cattle, shall, after forty days &c. that next after the end of this present session of parliament, by travels on themselves, or any other, travel upon the said day, upon the Lord's pain that every person and persons so offending shall lose day shall and forfeit twenty shillings for every such offence; or if any butcher, by himself or any other for him, by his privity Butchers or consent, shall, after the end of the said forty days, kill that sell or or sell any victual upon the said day, that then every such kill victual butcher shall forfeit and lose, for every such offence, the day shall upon that sum of six shillings and eight-pence; the said offences, and forfeitos.8d. every of them, being done in view of any justice of peace, mayor, or other head-officer of any city or town corporate, within their limits, respectively, or being proved, upon oath, by two or more witnesses, or by the confession of the party offending, before any such justice, mayor, or head-officer within their several limits, respectively, wherein such offence shall be committed: to which end every such justice, mayor, or head-officer, shall have power, by this act, to minister an oath to such witness or witnesses : all which sums or penalties shall or may be levied by any Atter conconstable or churchwarden, by warrant from any such jus- viction, and tice or justices of the peace, mayor, or other head officer, as by warrant from a jusaforesaid, within their several limits, where such offence tice, &c. the shall be committed or done, by distress and sale of the constables, offender's goods, rendering to the party the overplus, or &c. may levy the shall be recovered by any person or persons that will sue said forfeifor the same by bill, plaint, or information in any of his tures to the majesty's courts of record, or any city or town corporate, use of the before his majesty's justices of the peace in their general poor, or sessions of the peace: all which forfeitures shall be em- be recoverthey may ployed to and for the use of the poor of the parishes where ed by suit. the said offences shall be committed or done, saving only, that it shall be lawful to and for any such justice, mayor, or head-officer, out of the said forfeitures, to reward any such person or persons that shall inform or otherwise prosecute any person or persons offending against this present act, according to their discretions, so that such reward exceed not the third part of the forfeiture: provided that such bill, plaint, or information shall be commenced, sued, and prosecuted, in the county, city, or town corporate, where such offence shall be committed and done, and not elsewhere; wherein no essoin, protection, or wager of law, shall be allowed to the defendant: provided always, that it shall be lawful for any constable or churchwarden that shall have any suit or action brought against them for any distress, by them or any of them, to be taken by force of this present act, to plead the general issue, and to give the special matter in evidence: provided likewise, that no person or persons whatsoever shall be impeached by this Sabbath act, unless he be thereof questioned within six months after breaking. the offence committed: provided further, that this act shall not in any sort abridge or take away the authority of the courts ecclesiastical. Note. An indictment against a butcher for selling meat on a Sunday, must conclude contra formam stututi. But, if the offender keep open shop, the usual method is to indict at the sessions for the nuisance: R. v. Brotherton, 1 Str. 702. 29 Car. 2, c. 7. I. For the better observation and keeping holy the Lord's day, commonly called Sunday, be it enacted, &c., that all the laws enacted and in force concerning the observation of the Lord's day, and repairing to the church thereon, be carefully put in execution; and that all and every person and persons whatsoever, shall, on every Lord's day, apply themselves to the observation of the same, by exercising themselves thereon in the duties of piety and true religion, Tradesmen, publicly and privately; and that no tradesman, artificer, workman, labourer, or other person whatsoever, shall do or exercise any worldly labour, business, or work of their ordinary callings, upon the Lord's day, or any part thereof (works of necessity and charity only excepted); and that every person, being of the age of fourteen years or upwards, offending in the premises, shall, for every such offence, forfeit the sum of five shillings; and that no person or perpose to sale, sons whatsoever shall publicly cry, show forth, or expose artificers, and labourers. None shall cry, or ex to sale any wares, merchandizes, fruit, herbs, goods, or chattels whatsoever, upon the Lord's day, or any part thereof, upon pain that every person so offending shall forfeit the same goods so cried or showed forth, or exposed to sale. II. And it is further enacted, that no drover, horsecourser, waggoner, butcher, higler, their or any of their servants, shall travel or come into his or their inn, or lodg ing, upon the Lord's day, or any part thereof, upon pain that each and every such offender shall forfeit twenty shillings for every such offence; and that no person or persons shall use, employ, or travel upon the Lord's day, with any boat, wherry, lighter, or barge, except it be upon extraordinary occasion, to be allowed by some justice of the peace of the county, or head officer, or some justice of the peace of the city, borough, or town corporate, where the fact shall be committed, upon pain that every person so offending shall forfeit and lose the sum of five shillings for every such offence; and that, if any person offending in any of the premises shall be thereof convicted, before any justice of the peace of the county, or the chief officer or officers, or any justice of the peace of or within any city, |