By 9 Geo. IV. c. 31, sect. 7, if any of his majesty's subjects be charged in England with any murder or manslaughter, or with being accessary before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the United Kingdom, whether within the king's dominions or without, he may be tried under a commission of oyer and terminer in any county or place that shall be appointed by the lord chancellor, or lord keeper, or lords commissioners of the great seal.

Proviso that persons entitled to privilege of peerage may, if indicted under such commission, be tried by their peers.

By sect. 8, where any person being feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England, shall die of such stroke, poisoning, or hurt in England, or being feloniously stricken, poisoned, or otherwise hurt at any place in England, shall die of such stroke, poisoning, or hurt upon the sea, or at any place out of England, every offence committed in respect of any such case, whether the same shall amount to the offence of murder, or of manslaughter, or of being accessary before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in the county or place in England in which such death, stroke, poisoning, or hurt shall happen, in the same manner in all respects as if such offence had been wholly committed in that county or place.

By section 11 of the same act, attempts to murder are in certain cases made capital felonies, as to which see post, Ch. XIII.

3. Self-Murder.

This consists in a man's deliberately putting an end to his own existence, or committing any unlawful malicious act, the consequence of which is his own death-as if attempting to kill another he runs upon his antagonist's

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sword, or shooting at another the gun bursts and kills himself.-4 Bl. Com. 189; 1 Hale, 413.

But the act must be strictly his own, for if a man desire another to kill him, who complies, the person killed is not felo de se, though the killer is a murderer.-1 Hawk. c. 27, s. 6; 1 Russell, 424, 426.

So he must be of years of discretion, and in his senses. -4 Bl. C. 189.

There may be an accessary before the fact to self-murder, for if a man persuades another to kill himself, and he does so, the adviser is guilty of murder, as an accessary before the fact.-4 Bl. C. 189; Keilw. 136.

But if the adviser be also present and abetting at the self-murder, he is guilty of murder as a principal.

By 4 Geo. IV. c. 52, s. 1, it shall not be lawful for any coroner, or other officer having authority to hold inquests, to issue any warrant or other process directing the interment of the remains of persons against whom a finding of felo de se shall be had, in any public highway; but such coroner or other officer shall give directions for the private interment of the remains of such person felo de se, without any stake being driven through the body of such person, in the churchyard, or other burial-ground of the parish or place in which the remains of such person might, by the laws or customs of England, be interred, if the verdict of felo de se had not been found against such person, such interment to be made within twenty-four hours from the finding of the inquisition, and to take place between the hours of nine and twelve at night. Proviso not to authorize the performing of any of the rites of Christian burial on the interment of the remains of any such person, nor to alter the laws or usages relating to the burial of such person, except so far as relates to the interment of such remains in such churchyard or burialground at such time and in such manner.

By self-murder all the chattels, real and personal, which the felo de se has in his own right, are forfeited, and also all chattels real whereof he is possessed either jointly with his wife or in her right, and also all bonds and other per

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,

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

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"or shall unlawfully and maliciously shoot at any person, 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,"

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"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, &c. 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

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ing a trigger, or in any other manner attempt to discharge kind of loaded arms at any person,

any

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.

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3. Injuries by wanton and furious Driving, &c.

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