land, or upon any of his majesty's forests, parks, chases, or warrens in the daytime in search or pursuit of game, or woodcocks, snipes, quails, landrails or conies, it shall be lawful for any person having the right of killing the game upon such land by virtue of any reservation or otherwise, as hereinbefore-mentioned, or for the occupier of the land (whether there shall or shall not be any such right by reservation or otherwise), or for any gamekeeper or servant of either of them, or for any person authorized by either of them, or for the warden, ranger, verderer, forester, masterkeeper, underkeeper, or other officer of such forest, park, chase, or warren, to require the person so found forthwith to quit the land whereon he shall be so found, and also to tell his Christian name, surname, and place of abode, and in case such person shall, after being so required, offend by refusing to tell his real name or place of abode, or by giving such a general description of his place of abode as shall be illusory for the purpose of discovery, or by wilfully continuing or returning upon the land, it shall be lawful for the party so requiring as aforesaid, and also for any person acting by his order and in his aid, to apprehend such offender, and to convey him, or cause him to be conveyed as soon as conveniently may be, before a justice of the peace, and such offender (whether so apprehended or not), being convicted of any such offence before a justice of the peace, shall forfeit and pay such sum of money, not exceeding £5, as to the convicting justice shall seem meet, together with the costs of the conviction: provided always, that no person so apprehended shall, on any pretence whatsoever, be detained for a longer period than twelve hours from the time of his apprehension until he shall be brought before some justice of the peace, and that if he cannot, on account of the absence or distance of the residence of any such justice of the peace, or owing to any other reasonable cause, be brought before a justice of the peace within such twelve hours as aforesaid, then the person so apprehended shall be discharged, but may nevertheless be proceeded against for his offence by summons or warrant according to

the provisions hereinafter-mentioned, as if no such apprehension had taken place.

By sect. 32, where any persons, to the number of five or more together, shall be found on any land in any of his majesty's forests, parks, chases, or warrens, in the daytime, in search or pursuit of game, or woodcocks, snipes, quails, landrails, or conies, any of such persons being then and there armed with a gun, and such persons, or any of them, shall then and there by violence, intimidation, or menace, prevent or endeavour to prevent any person authorized as hereinbefore-mentioned from approaching such persons so found or any of them for the purpose of requiring them or any of them to quit the land whereon they shall be so found, or to tell their or his Christian name, surname, or place of abode respectively, as hereinbefore-mentioned, every person so offending by such violence, intimidation, or menace as aforesaid, and every person then and there aiding or abetting such offender, shall, upon being convicted thereof before two justices of the peace, forfeit and pay for every such offence, such penalty not exceeding £5, as to the convicting justices shall seem meet, together with the costs of the conviction, which said penalty shall be in addition to and independent of any other penalty to which any such person may be liable for any other offence against this act.

By sect. 33, if any person whatsover shall commit any trespass by entering or being in the daytime upon any of his majesty's forests, parks, chases, or warrens, in search or pursuit of game, without being first duly authorized so to do, such person shall, on conviction thereof before a justice of the peace, forfeit and pay such sum of money, not exceeding £2, as to the justice shall seem meet, together with the costs of the conviction.

By sect. 34 it is provided, that for the purposes of this act the daytime shall be deemed to commence at the beginning of the last hour before sunrise, and to conclude at the expiration of the first hour after sunset.

By sect. 35 it is provided, that the aforesaid provisions

against trespassers and persons found on any land, shall not extend to any person hunting or coursing upon any lands with hounds or greyhounds, and being in fresh pursuit of any deer, hare, or fox already started upon any other land, nor to any person bonâ fide claiming and exercising any right or reputed right of free warren or free chase, nor to any gamekeeper lawfully appointed within the limits of any free warren or free chase, nor to any lord or any steward of the crown of any manor, lordship, or royalty, or reputed manor, lordship, or royalty, nor to any gamkeeper lawfully appointed by such lord or steward within the limits of such manor, lordship, or royalty, or reputed manor, lordship, or royalty.

By sect. 36, game may be taken from trespassers not delivering up the same when demanded.

By sect. 37, penalties under the act are to be paid to the overseers of the poor, and inhabitants are not, by reason thereof, to be deemed incompetent witnesses.

By sect. 41, every prosecution for an offence punishable by summary conviction under the act, shall be commenced within three calendar months.

By sect. 42 it is provided, that it shall not be necessary in any proceeding against any person under this act, to negative by evidence any certificate, license, consent, anthority, or other matter of exception or defence, but that the party seeking to avail himself of any such certificate, license, consent, authority, or other matter of exception or defence, shall be bound to prove the same.

By sect. 44, an appeal is given to the quarter sessions. Sect. 45 takes away the certiorari.

By sect. 46, proceedings under the act shall be a bar to any subsequent action for the same trespass.

CHAPTER XII.

OF HOMICIDE.

HOMICIDE is either innocent (that is, not punishable by law), or felonious.

1. Innocent Homicide.

The cases where it is innocent may be stated as follows: 1. Where the proper officer executes a criminal in strict conformity with his sentence.-3 Inst. 52; 1 Hale, 501; Arch. 329.

2. Where an officer of justice, or person acting under a warrant in the regular execution of his duty, (either in a civil or criminal case,) is assaulted and resisted by the party, and in the struggle to overcome that resistance kills the party.-1 Hale, 481, 494; 4 Bl. C. 179; Arch. 328.

And this extends to persons acting in aid of the officer.— Fost. 318; 1 Russ. 448.

Not only in the ordinary case of an arrest an officer is thus protected, but in case of a riot or rebellious assembly the officers endeavouring to disperse a mob, and in their defence killing any of them, (there being no other means of suppressing the riot,) are protected, and this whether it be a case under the Riot Act or not.-4 Bl. C. 180; 1 Hale, 495; Arch. 329.

So where the prisoners in a gaol or going to gaol, either in civil or criminal suits, assault the gaoler or officer, and he in his defence kills any of them, it is justifiable for the sake of preventing an escape.-4 Bl. C. 180; 1 Hale, 496.

3. Where an officer, or person acting under a warrant or an hue and cry, endeavours to apprehend a man for treason, felony, or a dangerous wound given, and the man, having notice thereof, instead of resisting, flies, and is killed

by the officer, &c. in the pursuit, it being impossible otherwise to apprehend him.-1 Hale, 53, 481; 2 Hale, 118; Fost. 318; 1 Hawk. c. 28, s. 11; Arch. 328.

And this whether the felony, &c. had in fact been committed or not.-2 Hale, 118; Doug. 359; 6 Barn. & Cres. 635; 5 Price, 525.

But, in such cases of killing on pursuit, the killing is not justifiable unless the party flying was aware that he was pursued for the felony, &c.-2 Hale, 118.

Nor if the party were charged with a mere misdemeanor or in a civil suit, for in such cases the killing would be murder if intentional.-1 Hale, 481; 1 Hawk. c. 28, s. 20; Fost. 271; Arch. 329.

By 3 & 4 W. IV. c. 53, s. 8, vessels liable to seizure under the laws against smuggling, not bringing to under such circumstances specified in the act (upon signal given), may be fired at, and if death ensues, no prosecution can be maintained for it.

4. Where a treason or felony has been committed, or a dangerous wound given, and a private person, without warrant or hue and cry, endeavours to arrest the offender, and kills him in resistance or flight (in the cases before defined with respect to an officer), or where a private person interposes to prevent mischief from a riot, and in the struggle kills a rioter.-2 Hale, 119; Fost. 318; 4 Bl. C. 200; 1 Russ. 448.

But if the party whom he attempts to arrest turn out to be innocent, the killing is at least manslaughter; and in this respect the case of a private person differs from that of an officer. Ibid.

5. Where a man attempts to rob or murder another, or to ravish a woman, or burglariously to break a dwellinghouse in the night-time, or to burn a house, or to break it open in the day-time with intent to rob, or attempts to commit any other forcible and atrocious crime, and is killed in the attempt, and to prevent his commission of the crime. --Fost. 273, 299; 4 Bl. C. 180; 1 Hale, 488; Arch. 311, 320.