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Petit treason.

cipal with the murder or manslaughter, and then to charge the defendant as an accessory in the manner heretofore used and

accustomed. Excusable

Section 7.-No punishment or forfeiture shall be incurred by homicide.

any person who shall kill another by misfortune or in his own defence, or in any other manner without felony.

Section 8.-Every offence which before the commencement of the Act 9 Geo. 4, c. 31, would have amounted to petit treason, shall be deemed to be murder only, and no greater offence; and all persons guilty thereof be dealt with, indicted, tried, and

punished as in murder. Murder, &c., Section 9.-Where any murder or manslaughter shall be comabroad.

mitted on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory thereto, may be tried and punished in any county or place in England or Ireland in which the accused shall be in custody, in the same manner as if the offence had been actually committed in that county or place; but nothing herein contained shall prevent any person from being tried else

where for any murder or manslaughter committed elsewhere. Provision Section 10.—Where any person, being feloniously stricken, for the trial of murder

poisoned, or otherwise hurt upon the sea, or at any place and man- out of England or Ireland, shall die of such stroke, &c., in slaughter England or Ireland, or, being feloniously stricken, &c., at any where the death or

place in England or Ireland, shall die of such stroke, &c., upon cause of the sea, or at any place out of England or Ireland, every offence death only committed in respect of any such case, whether the same shall happens in amount to the offence of murder or of manslaughter, or of being England or Ireland. accessory thereto, may be tried and punished in the county or

place in England or Ireland in which such death, stroke, poisoning, or hurt shall happen, in the same manner as if such offence had been wholly committed in that county or place.

ATTEMPTS TO MURDER.

Poisoning or wounding with intent, &c.

Section 11.–To adminster to or cause to be taken by any person any poison or other destructive thing, or by any means whatsoever to wound or cause any grievous bodily harm to any person, with intent in any of the cases aforesaid to commit murder, is felony. Punishment, penal servitude for life, or two years' imprisonment.

Section 12.- To destroy or damage any building by the explosion of gunpowder or other explosive substance, with intent

Destroying, &c., building with

with intent

to commit murder, is felony. Punishment, penal servitude for gunpowder, life, or imprisonment for two years.

to murder. Section 13.—To set fire to any ship or vessel, or any part Firing, &c.; thereof, or any goods or chattels therein, or to cast away or intent to destroy any ship or vessel, with intent to commit murder, is murder. felony. Punishment, pedal servitude for life, or two years' imprisonment.

Section 14.-To attempt to administer to or cause to be taken Attempts to by any person any poison or other destructive thing, or to shoot at shoot, or any person, or by drawing a trigger or in any other manner drown, &c., attempt to discharge any kind of loaded arms at any person, or with intent attempt to drown, suffocate, or strangle any person, with intent, in any of such cases, to commit murder, is felony, whether any bodily injury be effected or not. Punishment, penal servitude for life, or imprisonment for two years.

Section 15.-To attempt by any means other than those Attempting specified in any of the preceding sections of this Act to commit murder by murder is felony. Punishment, penal servitude for life, or two means. years' imprisonment.

to murder.

LETTERS THREATENING TO MURDER.

Section 16.—To maliciously send, deliver, or utter, or directly Sending or indirectly cause to be received, knowing the contents thereof, threatening any letter or writing threatening to kill or murder any person, murder. is felony. Punishment, penal servitude for 10 years, or imprisonment for two years. Males under 16 may in addition be whipped.

ACTS CAUSING OR TENDING TO CAUSE DANGER TO LIFE OR

BODILY HARM.

wrecked

Section 17.–To unlawfully and maliciously prevent or im- Impeding

shippede any shipwrecked person in his endeavour to save his life, or similarly to prevent or impede any person endeavouring to person, &c. save the life of any such shipwrecked person, is felony. Punishment, penal servitude for life, or imprisonment for two years.

Section 18.—To unlawfully and maliciously wound (a) or Shooting or cause any grievous bodily harm to any person, or shoot at, or by with intent drawing a trigger, or in any other manner attempt to discharge to do any kind of loaded arms at any person, with intent to maim, grievous

(a) See title “ Wounding” (GENERAL SUBJECTS), ante.

arms, what

bodily disfigure, or disable him, or to do him some other grievous harm.

bodily harm, or with intent to resist or prevent the arrest, &c., of any person, is felony. Punishment, penal servitude for life,

or to be imprisoned for two years. Loaded Section 19.-"Any gun, pistol, or other arms which shall be constitute.

loaded in the barrel with gunpowder or any other explosive substance, and ball, shot, slug, or other destructive material, shall be deemed to be loaded arms within the meaning of this Act, although the attempt to discharge the same may fail from want

of proper priming or from any other cause.” Inflicting Section 20.—To unlawfully and maliciously wound or inflict injury, with

any grievous bodily harm (a) upon any other person, either with or without weapon.

or without any weapon or instrument, is a misdemeanor. Attempting Section 21.—To attempt by any means whatsoever to choke, to choke, suffocate, or strangle any other person, or to attempt by any &c., in order to

such means to render any other person insensible, unconscious, commit any or incapable of resistance, with intent thereby to commit, or indictable

with intent to assist in committing, any indictable offence, is offence.

felony. Punishment, penal servitude for life, or imprisonment

for two years. Using chlo- Section 22.—To unlawfully apply to or cause to be taken by, roform, &c., or attempt to apply or administer to, or cause to be taken, &c., indictable

by any person any chloroform, laudanum, or other stupefying or offence. overpowering drug, matter, or thing, with intent to commit or

assist in committing any indictable offence on any other person, is felony. Punishment, penal servitude for life, or imprison.

ment for two years. Administer Section 23.—To unlawfully and maliciously administer to or ing poison,

cause to be taken by any other person any poison or other &c so as to destructive or noxious thing, so as thereby to endanger the life life or of such person, or cause grievous bodily harm, is felony. inflict

Punishment, penal servitude for 10 years, or imprisonment for grievous bodily

two years. harm. Administer

Section 24.—To unlawfully and maliciously administer to or ing poison,

cause to be taken by any other person any poison or other &c., with destructive or noxious thing, with intent to injure, aggrieve, or intent to injure, &c.

annoy such person, is a misdemeanor. Punishment, penal servitude for five years, or imprisonment for two years, with or without hard labour,

to commit

(a) To constitute grievous bodily harm it is not necessary that the injury should be either permanent or dangerous. If it be such as to seriously interfere with health or comfort, it is sufficient. (R. v. Ashman, 1 F. & F. 88.)

Section 25.—“If, upon the trial of any person for any felony Person in the last but one preceding section mentioned, the jury shail charged

with

felony not be satisfied that such person is guilty thereof, but shall be may be satisfied that he is guilty of any misdemeanor in the last pre- found guilty ceding section mentioned, then and in every such case the jury

demeanor. may acquit the accused of such felony, and find him guilty of such misdemeanor, and thereupon he shall be liable to be punished in the same manner as if convicted upon an indictment for such misdemeanor." Section 26.—“ Whosoever, being legally liable, either as

a Not promaster or mistress, to provide for any apprentice (6) or servant viding

apprentices necessary food, clothing, or lodging, shall wilfully and without lawful excuse refuse or neglect to provide the same, or shall un- with food, lawfully and maliciously do or cause to be done any bodily harm &c.

, where

by life to any such apprentice or servant, so that the life of such

endangered. apprentice or servant shall be endangered, or the health of such apprentice or servant shall have been or shall be likely to be permanently injured, shall be guilty of a misdemeanor.” Punishment, penal servitude for five years, or imprisonment for

or servants

two years.

Section 27.—“Whosoever shall unlawfully abandon or expose Exposing

children any child (c), being under the age of two years, whereby the

whereby life of such child shall be endangered, or the health of such life enchild shall have been or shall be likely to be permanently in- dangered. jured, shall be guilty of a misdemeanor.” Punishment, penal servitude for five years, or imprisonment for two years.

Section 28.—To unlawfully and maliciously, by the explosion Causing of gunpowder or other explosive substance, burn, maim, dis- bodily figure, disable, or do any grievous bodily harm to any person,

injury by is

gunpowder. felony. Punishment, penal servitude for life, or imprisonment for two years. Males under 16 years may in addition be whipped.

Section 29.-“Whosoever shall unlawfully and maliciously Causing cause any gunpowder or other explosive substance to explode, or gunpowder send or deliver to or cause to be taken by any person any ex. or sending plosive substance or any other dangerous or noxious thing, or explosive put or lay at any place, or cast or throw at or upon or otherwise substance,

or throwing apply to any person, any corrosive fluid or any destructive or

corrosive explosive substance, with intent in any of the cases aforesaid to fluid with burn, maim, disfigure, or disable any person, or to do some intent, &c. grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of felony." Punishment,

(6) See also p. 78, ante.

(c) See also p. 107 as to neglecting to provide food, &c., for child.

near a

&c.

penal servitude for life, or imprisonment for two years. Males

under 16 years may in addition be whipped. Placing Section 30.—“ Whosoever shall unlawfully and maliciously gunpowder

place or throw in, into, upon, against, or near any building, building, ship, or vessel any gunpowder or other explosive substance, with with intent, intent to do any bodily injury to any person, shall, whether or

not any explosion take place, and whether or not any bodily injury be effected, be guilty of felony." Punishment, penal servitude for 14 years, or imprisonment for two years. Males

under 16 years may in addition be whipped. Setting Section 31.—“Whosoever shall set or place, or cause to be set spring guns, &c., with

or placed, any spring gun, man trap (a), or other engine cal. intent, &c. culated to destroy human life or inflict grievous bodily harm,

with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, shall be guilty of a misdemeanor." Punishment, penal servitude for five years, or imprisonment for two years.

“And whosoever shall knowingly and wilfully permit any such spring gun, man trap, or other engine which may have been set or placed in any place then being in or after. wards coming into his possession or occupation by some other person to continue so set or placed, shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid: provided that nothing in this section contained shall extend to make it illegal to set or place any gin or trap such as may have been or may be usually set or placed with the intent of destroying vermin: provided also, that nothing in this section shall be deemed to make it unlawful to set or place or cause to be set or placed, or to be continued set or placed, from sunset to sunrise, any spring gun, man trap, or other engine which shall be set or placed, or caused or continued to be set or placed, in a

dwelling-house for the protection thereof." Placing Section 32.- To unlawfully and maliciously put or throw wood, &c., upon or across any railway any wood, stone, or thing, or to take on a railway, with up, remove, or displace any rail, sleeper, or other thing belong. intent, &c. ing to any railway, or to divert, &c., any points or machinery, or

to show or remove, &c., any signal or light near any railway, or to cause anything to be done, with intent to endanger the safety of any person travelling or being upon such railway, is felony. Punishment, penal servitude for life, or imprisonment for two years. Males under 16 years may in addition be

whipped. Casting Section 33.—To unlawfully and maliciously throw, or cause to stone, &c., strike, &c., any engine, tender, carriage, or truck used upon any

upon &

(a) See p. 238, ante.

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