Imatges de pàgina
PDF
EPUB

sonal things in action belonging solely to himself, and also all personal things in action, and, as some say, entire chattels in possession to which he was entitled jointly with another, on any account except that of merchandize. But it is said that he shall forfeit a moiety only of such joint chattels as may be severed, and nothing at all of what he was possessed of as executor or administrator.–4 Bl. C. 190, n. (22), by Mr. Ryland.

His lands of inheritance are not forfeited, nor his wife barred of dower.-Ibid.

No part of his personal estate vests in the king before the self-murder is found by some inquisition.-Ibid.

But after inquisition it is forfeited from the time of the act done.--Ibid.

CHAPTER XIII.

OF OTHER OFFENCES AGAINST THE PERSON.

1. Attempts to Murder. By 9 Geo. IV. c. 31, s. 11, “ if any person unlawfully and " maliciously shall administer or attempt to administer to “ any person, or shall cause to be taken by any person, “ any poison or other destructive thing,

" or shall unlawfully and maliciously attempt to drown, “ suffocate, or strangle any person,

“or shall unlawfully and maliciously shoot at any per“son, or by drawing a trigger, or in any other manner at“tempt to discharge any kind of loaded arms at any person,

or shall “ unlawfully and maliciously stab, cut, or wound “ any person,"

“ with intent, in any of the cases aforesaid, to murder " such person,"

every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

And by sect. 31, every accessary after the fact to the offences mentioned in the 11th section, is liable to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years.

2. Shooting, Stabbing, Cutting, or Wounding, with intent

to maim, fc, or to resist apprehension. By the same act, sect. 12, "if any person unlawfully and “ maliciously shall shoot at any person, or shall by draw“ ing a trigger, or in any other manner attempt to discharge “ any kind of loaded arms at any person,

" or shall unlawfully and maliciously stab, cut, or wound “ any person,

“ with intent, in any of the cases aforesaid, to maim, “ disfigure, or disable such person, or to do some other “grievous bodily harm to such person, or with intent to “ resist or prevent the lawful apprehension or detainer of “ the party so offending, or any of his accomplices, for “ any offence for which he or they may respectively be “ liable by law to be apprehended or detained,”

every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

Provided always, that in case it shall appear on the trial of any person indicted for any of the offences above specified that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting, or wounding as aforesaid, were committed under such circumstances, that, if death had ensued therefrom, the same would not in law have amounted to the crime of murder, in every such case the person so indicted shall be acquitted of felony.

And by sect. 31, every accessary after the fact to the offences mentioned in the 12th section, is liable to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years.

3. Injuries by wanton and furious Driving, fc. By 1 Geo. IV. c. 4, if any person whatever “ shall be “ maimed or otherwise injured by reason of the wanton and “ furious driving or racing, or by the wilful misconduct of “ any coachman or other person having the charge of any “ stage-coach or public carriage," such wanton or furious driving or racing, or wilful misconduct of such coachman or other person, shall be, and the same is thereby declared to be a misdemeanor, and punishable as such by fine and imprisonment. Proviso not to extend to hackney-coaches drawn by two horses only, and not plying for hire as stagecoaches.

If such injuries, however, as mentioned in this act, occasion death, it is to be observed that the offence may amount (according to the circumstances) to manslaughter or murder. *1 C. & P. 320.

As to pecuniary penalties for such offences, see also 3 Geo. IV. c. 95, s. 11 (Stage-Coach Act), and 1 & 2 W. IV. C. 22, s. 56 (Hackney-Coach Act).

en offences, see olen

!! (Stage-Coach

C. 22, s. 56 (

4. Setting Spring-Guns, fc. By 7 & 8 Geo. IV. c. 18, s. 1, if any person shall set or place, or cause to be set or placed, any spring-gun, mantrap, or other engine calculated 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, the person so setting or placing, or causing to be set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor.

By sect. 2 it is provided, that nothing in the act contained shall extend to make it illegal to set any gin or trap such as may have been, or may be usually set with the intent of destroying vermin.

By sect. 3, if any person shall knowingly and wilfully permit any such spring-gun, mantrap, or other engine as aforesaid, which may have been set, fixed, or left in any place then being in or afterwards coming into his or her possession or occupation, by some other person or persons, to continue so set or fixed, the person so permitting the same to continue, shall be deemed to have set and fixed such gun, trap, or engine, with such intent as aforesaid.

By sect. 4, nothing in the act shall be deemed or construed to make it a misdemeanor within the meaning of the act to set or cause to be set, or to be continued set from sunset to sunrise, any spring-gun, mantrap, or other engine which shall be set, or caused or continued to be set in a dwelling-house for the protection thereof.

5. Procuring Miscarriage. By 9 Geo. IV. c.31, s. 13, "if any person, with intent to procure the miscarriage of any woman then being quick “ with child, unlawfully and maliciously shall administer “ to her, or cause to be taken by her, any poison or other “ noxious thing, or shall use any instrument or other means " whatever with the like intent,” every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.

“And if any person, with intent to procure the miscarriage “ of any woman not being, or not being proved to be then “ quick with child, unlawfully and maliciously shall admi“ nister to her, or cause to be taken by her, any medicine “ or other thing, or shall use any instrument or other means “ whatever with the like intent,” every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years, and if a male, to be once, twice, or thrice publicly or privately whipped, if the court shall so think fit, in addition to such imprisonment.

And by sect. 31, every accessary after the fact to this offence is liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years.

6. Concealing the birth of a Child by secreting its

dead body. By 9 Geo. IV. c. 31, s. 14, "if any woman shall be de“ livered of a child, and shall by secret burying, or other“ wise disposing of the dead body of the said child, endea« vour to conceal the birth thereof,” every such offender

« AnteriorContinua »