Marriages. victed of solemn izing matrimony in any other church, &c. or tion of banns or licence, declared guilty of felony ; place than a a without publica The Statute 26 G. 2. c. 33. reciting that "whereas many Offenders conpersons do solemnize Matrimony in Prisons and other Places without Publication of Banns or Licence of Marriage first had and obtained," and then (by s. 8.) " for the prevention thereof" enacts, that if any person shall from and after 25th March 1754, solemnize Matrimony in any other place than a Church or pub lick Chapel where Banns have been usually published, unless by Special Licence from the Archbishop of Canterbury; or shall solemnize Matrimony without publication of Banns, unless Licence of Marriage be first had and obtained from some per-\ son or persons having authority to grant the same; every person knowingly and wilfully so offending, and being lawfully convicted thereof, shall be deemed and adjudged to be guilty of Felony, and shall be transported to some of his Majesty's Plantations in America for the Space of Fourteen Years, according to the Laws in force for the Transportation of Felons; and all Mar- and the marriage thereupon had riages solemnized from and after 25th March 1754, in any other shall be void. place than a Church or such Publick Chapel, unless by Special Licence as aforesaid, or that shall be solemnized without Publication of Banns or Licence of Marriage from a person or persons having authority to grant the same first had and obtained, shall be null and void to all intents and purposes whatsoever. prosecutions. Provided, that all prosecutions for such Felony shall be com- Limitation of menced within the Space of Three Years after the Offence committed. s. 9. Mayhem. Item, because that many Offenders do daily beat, wound, imprison, and maim divers of the King's liege People, and after purposely cut their Tongues or put out their eyes; ordained and stablished that in such case the Offenders that it is so cut Tongues or put out the Eyes of any of the King's liege People, and that duly proved and found that such Deed was done of Malice prepensed, they shall incur the pain of Felony. 5 H. 4. c. 5. §1. Such as cut out put out the eye of another, shall be guilty of Felony. the tongue, or If any person maliciously, willingly, or unlawfully shall cut or $2. cause to be cut off the Ear or Ears of any of the King's Subjects sons cutting off Penalty on perotherwise than by the Authority of the Law, chance medley, the ears of sudden affray or adventure, he shall not only forfeit Treble Damages to the Party grieved, to be recovered by Action of another. § 3. Offenders who shall maliciously and by lying in wait cut out the tongue, slit the nose, or disable or cut off any person, with intent to maim or disfigure them, and their aiders, Trespass, but shall forfeit Ten Pounds to the King for every such in The Statute 22, 23 Car. 2. c. 1. (commonly called the Coventry Act, from the Circumstance of its having passed on occasion of an Assault made on Sir John Coventry in the Street, and slitting his Nose by persons who lay in wait for him for that purpose, revenge, as was supposed, for some obnoxious words limb of another uttered by him in Parliament), enacts, (s. 7.) that if any person or persons on purpose and of malice forethought, and by lying in wait, shall unlawfully cut out or disable the Tongue, put out an Eye, slit the Nose, cut off a Nose or Lip, or cut off or disable any Limb or Member of any Subject of his Majesty, with intention in so doing to maim or disfigure in any the manners before mentioned, such his Majesty's Subject; that then and in every such Case, the person or persons so offending, their Counsellors, Aiders, and Abettors (knowing of and privy to the Offence as aforesaid), shall be and are hereby declared to be Felons, and shall suffer Death as in Cases of Felony without Benefit of Clergy. Not to extend to corrupt the Blood, forfeit the Dower of the Wife, or the Lands, Goods, or Chattels of the Offender. s. 8. &c. shall lose their Clergy East P. C. 394. 4. Persons maliciously shooting of Clergy. The Statute 9 G. 1. c. 22. (1) enacts (s. 1), that if any person or persons shall wilfully and maliciously shoot at any person in at another ousted any Dwelling House or other Place, or shall forcibly rescue any person being lawfully in Custody of any Officer or other person for such Offence; or if any person or persons shall by Gift or Promise of Money or other Reward, procure any of his Majesty's Subjects to join him or them in any such unlawful act; every person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony without Benefit of Clergy. § 5. Persons maliciously shooting or attempting bing or cutting with intent to murder, maim, The Statute 43 G. 3. c. 58. (2) enacts, that if any person or persons, from and after 1st July 1803, shall, either in England or Ireland, wilfully, maliciously, and unlawfully shoot at any to shoot, or stab of his Majesty's Subjects, or shall wilfully, maliciously, and unlawfully present, point, or level any kind of loaded Fire-Arms at any of his Majesty's Subjects, and attempt by drawing a Trigger, or in any other manner, to discharge the same at or against his or their person or persons, or shall wilfully, maliciously, and unlawfully stab or cut any of his Majesty's Subjects, with intent in so doing, or by means thereof, to murder or rob, &c. any subject of his Majesty, or to prevent the arrest of an offender, ousted of Clergy. (1) See this Act at length under title BLACK ACT. had ensued from or to maim, disfigure, or disable such his Majesty's Subject or Subjects, or with intent to do some other grievous bodily harm to such his Majesty's Subject or Subjects, or with intent to obstruct, resist, or prevent the lawful Apprchension and Detainer of the person or persons so stabbing or cutting, or the lawful Apprehension and Detainer of any of his, her, or their Accomplices, for any Offence for which he, she, or they may respectively be liable by Law to be apprehended, imprisoned, or detained; that then and in every such case the person or persons so offending, their Counsellors, Aiders, and Abettors, knowing of and privy to such Offence, shall be and are hereby declared to be Felons, and shall suffer Death as in cases of Felonywithout Benefit of Clergy: Provided always, that in In such cases case it shall appear on the Trial of any person or persons in- where if death dicted for the wilfully, maliciously, and unlawfully shooting at such shooting, any of his Majesty's Subjects, or for wilfully, maliciously, and un- stabbing, &c. it lawfully presenting, pointing, or levelling any kind of loaded amounted to Fire Arms at any of His Majesty's Subjects, and attempting party indicted by drawing a Trigger, or in any other manner to discharge the shall be acquitted. same at or against his or their person or persons, or for wilfully, maliciously, and unlawfully stabbing or cutting any of his Majesty's Subjects with such intent as aforesaid, that such acts of (1) stabbing or cutting were committed under such circumstances as that if Death had ensued therefrom the same would not in Law have amounted to the Crime of Murder, that then and in every such case the person or persons so indicted shall be deemed and taken to be Not Guilty of the Felonies whereof they shall be so indicted, but be thereof acquitted. Mills. (And see Title RIOTS.) 1. Riotously demolishing or beginning to demolish any Mill. 2. Setting fire to or burning any Mill. 3. Damages to the Party injured by the Riotous Demolition of Mills. would not have murder, the (1) The words" shooting, presenting, pointing, or levelling any kind of loaded fire-arms, and attempting, by drawing a trigger, or in any other manner, to discharge the same," appear to be omitted in this place by mistake. 1. Persons riotously demolishing, &c. Mills, shall be without Clergy. The Stat. 9 G. 3. c. 29. recites s. 4. of Stat. 1 G. 1. st. 2. c. 5. (1) aud that some Doubts have arisen whether the said Act extends to the pulling down or demolishing of Mills, and guilty of Felony, then enacts, that if any person or persons unlawfully, riotously and tumultuously assembled together to the Disturbance of the Public Peace, shall, at any time after 1st July 1769, unlawfully, and with force demolish or pull down, or begin to demolish or pull down, any Wind Saw Mill, or other Wind Mill, or any Water Mill or other Mill, which shall have been or shall be erected, or any of the Works thereto respectively belonging; that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged Felony without Benefit of Clergy, and the offenders therein shall be adjudged Felons, and shall suffer Death as in case of Felony without Benefit of Clergy. (See post, § 2.) $2. The like punish ment on persons burning Mills. Limitation of Offenders maliciously burning any Mill, and ousted of Clergy. Whereas no effectual Provision hath heretofore been made for preventing the Burning of Mills, be it therefore enacted, that if any person or persons shall from and after 1st July 1769, wilfully or maliciously burn or set fire to any Wind Saw Mill, or other Wind Mill, or any Water Mill or other Mill, such person so offending, being lawfully convicted thereof, shall be adjudged guilty of Felony without Benefit of Clergy, and shall suffer Death as in case of Felony without Benefit of Clergy. 9 G. 3. c. 29. s. 2. By s. 4. no person or persons shall be prosecuted by virtue of this Act, for any Offence or Offences committed contrary to the same, unless such prosecution be commenced within Eighteen Months after the Offence committed. The Statute 43 G. 3. c. 58. s. 1. (which see at length under title ASSAULT, Division I.) enacts, that if any person or persons their Aiders, &c. from and after 1st July 1803, shall, either in England or Ireland, wilfully, maliciously and unlawfully set fire to any House, Barn, Granary, Hop Oast, Malt House, Stable, Coach House, Outhouse, Mill, Warehouse or Shop, whether such House, Barn, Granary, Hop Oast, Malt House, Stable, Coach House, Outhouse, Mill, Warehouse or Shop, shall then be in the possession of the person or persons so setting fire to the same, or in the possession of any other person or persons, or of any Body Corporate, with Intent thereby to injure or defraud his Majesty, or any of his Majesty's Subjects, or any Body Corporate, that then and in every such case the person or persons so offending, their Counsellors, Aiders, and Abettors, knowing of and privy to such Offence, shall (1) See this Statute under title RIOTS. be and are hereby declared to be Felons, and shall suffer Death as in Cases of Felony, without Benefit of Clergy. The Statute 41 G. 3. (U. K.) c. 24. intituled " An Act for the indemnifying of persons injured by the forcible pulling down and demolishing of Mills, or of Works thereunto belonging, by Persons unlawfully and riotously assembled," recites the beforementioned Provisions of the Statute 9 G. 3. c. 29. (which recites the Statute 1 G. 1. st. 2. c. 5.) and that no Provision is made in and by the said recited Act for the Indemnification of the persons damnified and injured by such pulling down and demolishing of such Mills and Works thereunto belonging; and that it is expedient that the like Remedy and Means of Indemnification should be extended to the persons damnified and Injured by the pulling down and demolishing such Mills and Works thereunto belonging, as are by the said Act (1 G. 1. st. 2. c. 5.) now afforded and given to the persons damnified and injured by the Offences mentioned in the said Act, 1 G. 1. st. 2. c. 5.; and then enacts, that if after the passing of this Act, any Wind Saw Mill or other Windmill, or any Water Mill or other Mill, or any of the Works thereunto belonging, shall be demolished or pulled down wholly or in part by any persons so unlawfully, fuily assembled, riotously, and tumultuously assembled, that then the Damages and recovered in sustained by the person or persons injured and damnified by such the manner prodemolishing or pulling down wholly or in part, shall and may be 1 G. 1. st. 2. sued for, recovered, levied, raised, and reimbursed in such c. 5. manner and form and by such ways and means as are particularly provided in and by the said Act made in the First Year of the Reign of his said late Majesty King George the First, in respect to the several descriptions of Buildings therein mentioned. Mines. §1. Setting Fire to Coal Mines &c. a Capital Felony. § 2. Persons drowning such Mines, liable to pay treble Damages and full Costs. 3. Setting Fire to or otherwise destroying or damaging the Works, Railways, &c. belonging to any Mines; or unlawfully digging or raising Minerals from any Mine. 54. In whom the Property stolen from Mines shall be laid to be. Damages occademolishing of Mil's, &c. by sioned by the Persons unlaw may be sued for vided by the |