render, indemnified. § 2. Extended to owners of deer and lords of manors, &c. Persons navigat or Parkers, after Hue and Cry made to stand unto the Peace, but do continue their malice, and disobeying the King's Peace, do flee or defend themselves with Force and Arms, although such Foresters, Parkers, and Warreners, or any other coming in their Company. and aiding such Foresters, Parkers, and Warreners, in the King's Peace, do kill any Offender or Offenders being so found, in arresting or taking them, they shall not be troubled for the same, nor suffer any punishment. 21 Ed. 1. st. 2. Notwithstanding, let all such Foresters, Parkers, Warreners, and all other, beware that by reason of any malice, discord, dehate, or other evil will or hatred had before time, they do not maliciously pretend against any person passing through their Liberties, that they came thither for to trespass or misdo, when of truth they did nothing, nor were not found as Trespassers or intending to trespass, and so kill them; for if they do, and be convict thereupon, the Death of such person shall be inquired, and execution shall be done in like manner as is done for other of the King's Subjects standing in his Peace, and like as it ought to be done of right and according to the Law and Custom of this Realm. s. 2. By 3, 4 W. & M. c. 10. s. 5. owners of Deer in any inclosed land, or any Persons under them, may resist Offenders in like manner, and be equally indemnified for so doing, as in ancient Parks or Chases. And by 4, 5 W. & M. c. 23. s. 4. Lords of Manors or other Royalties, and Gamekeepers authorized by them, may resist offenders in the night within their respective Manors or Royalties, in the same manner and with equal indemnity as if the fact had been committed within any ancient Chase, Park, or Warren inclosed. II. iv. Homicide occasioned by Overloading Boats on the River Thames. In case any greater number of Persons shall be received, taken ing certain boats into, or carried in any such Tilt Boats, Row Barges, Ferry shall only carry a limited number Boats, or other Boats or Wherries (1), than are respectively allowed to be carried as aforesaid (2), and any Passenger or Passengers shall then be drowned, every such Person or Persons one is drowned, who shall work or navigate such Tilt Boats, Row Barges, Ferry of passengers; and if they trans gress, and any they shall be (1) Navigating for hire between Gravesend and Windsor. (2) The numbers allowed by the Act are in row barges and tilt boats thirty-seven passengers, and three more taken on board by the way; in other boats and wherries, eight passengers, and two more if called in by the way; and in ferry boats and wherries allowed to work on Sundays, eight passengers only at one and the same time. Boats, or other Boats or Wherries, offending therein, and being deemed guilty of thereof lawfully convicted, shall be deemed guilty of Felony, and felony. shall be transported as Felons. 10 G. 2. c. 31. s. 8. II. v. Homicide in any Palace or Royal Residence. By the Stat. 33 H.8. c. 12. all Treasons, Murders, Manslaughters, Bloodsheds, and malicious Strikings (1) within any Palaces, or Houses of his Majesty, or his Heirs, or any other House where the King shall happen to be then demurrant or abiding in his Royal Person, shall be enquired of, heard, tried and determined before the Lord Great Master or Lord Steward for the time being of the King's Household, as directed by that Statute; which see at length under title PALACES, and which to prevent repetition is not inserted under this title. II. vi. Murder of Bastards. When, before murders, &c. inquired of, &c. and determined. 6 21 Jac. 1. c. 27. The Statute 43 G. 3. c. 58. (s. 3.) recites, that doubts have The statutes been entertained respecting the true sense and meaning of the [English] Act 21 Jac. 1. c. 27. and the [Irish] Act 6 Ann. c. 4. for preventing the destroying and murthering of Bastard children, “and the same have been found in sundry cases difficult and inconvenient to be put in practice ;" and then, "for remedy repealed. thereof," enacts, that from and after 1 July 1803, the said two several Acts, and every thing therein contained, shall be and the same are hereby repealed; and that [from and after the The trial of same Day], the Trials in England and Ireland respectively, of women for such Women charged with the Murder of any Issue of their Bodies, ceed as in other Male or Female, which being born alive would by Law be cases of murder. Bastard, shall proceed and be governed by such and the like Rules of Evidence and of Presumption as are by Law used and allowed to take place in respect to other Trials for Murder, and as if the said two several Acts had never been made. offence shall pro Women acquitted of such murder, may be found guilty of the concealment of the birth, Provided always, that it shall and may be lawful for the Jury by whose Verdict any Prisoner charged with such Murder as aforesaid shall be acquitted, to find, in case it shall so appear in Evidence that the Prisoner was delivered of Issue of her Body, Male or Female, which, if born alive, would have been Bastard, and that she did by secretly burying or otherwise endeavour to conceal the birth thereof, and thereupon it shall be lawful for the Court before which such Prisoner shall have been tried to adjudge and imprisoned that such Prisoner shall be committed to the Common Gaol or not exceeding two years. House of Correction for any time not exceeding Two Years. s. 4. (1) And other offences mentioned in the Act, for which see under Murders and manslaughters committed in certain foreign parts, may be tried in any of his Majesty's foreign plantations, in same manner as offen ces committed on the high seas: II. vii. Murders and Manslaughters committed in Places not within his Majesty's Dominions. The Statute 57 G. 3. c. 53. intituled " an Act for the more effectual Punishment of Murders and Manslaughters committed in Places not within his Majesty's Dominions," recites that "grievous Murders and Manslaughters have been committed at the Settlement in the Bay of Honduras in South America, the same being a Settlement, for certain purposes, in the Possession and under the Protection of his Majesty, but not within the Territory and Dominion of his Majesty, by Persons residing and being within the said Settlement; and the like Offences have also been committed in the South Pacific Ocean, as well on the High Seas as on Land, in the Islands of New Zealand and Otaheite, and in other Islands, Countries, and Places not within his Majesty's Dominions, by the Masters and Crews of British Ships, and other Persons, who have for the most part deserted from or left their Ships, and have continued to live and reside amongst the Inhabitants of those Islands; whereby great Violence has been done, and a general Scandal and Prejudice raised against the Name and Character of British and other European Traders ;" and that "such Crimes and Offences do escape unpunished by reason of the difficulty of bringing to Trial the persons guilty thereof;" and then, for remedy thereof, enacts, that from and after the passing of this Act all Murders and Manslaughters committed or that shall be committed on Land at the said Settlement in the Bay of Honduras, by any person or persons residing or being within the said Settlement, and all Murders and Manslaughters committed or that shall be committed in the said Islands of New Zealand and Otaheite, or within any other Islands, Countries, or Places not within his Majesty's Dominions, nor subject to any European State or Power, nor within the Territory of the United States of America, by the Master or Crew of any British Ship or Vessel, or any of them, or by any Person sailing in or belonging thereto, or that shall have sailed in or belonged to and have quitted any British Ship or Vessel to live in any of the said Islands, Countries, or Places, or either of them, or that shall be there living,' shall and may be tried, adjudged, and punished in any of his Majesty's, Islands, Plantations, Colonies, Dominions, Forts or Factories, under or by virtue of the King's Commission or Commissions, which shall have been or which shall hereafter be issued under and by virtue and in pursuance of the Powers and Authorities of an Act passed in the Forty-sixth Year of his present Majesty, [46 G. 3. c. 54.] in the same manner as if such Offence or Offences had been committed on the High Seas. Provided always, that nothing herein contained shall repeal or affect, or be construed to repeal or affect, the Provisions of But not to repeal an Act made and passed in the Thirty-third Year of King the provisions in or affect any of Henry the Eighth [33 H. 8. c. 23.] s. 2. III. Appeal of Homicide. (And see Division II. i. § 1.) No Man shall be taken or imprisoned upon the Appeal of a Woman for the Death of any other than of her Husband. 9 H. 3. c. 34. the act 33 H. 8. c. 23. $ 1. A woman shall have an appeal only for the death of her husband. § 2. indicted and ac or bailed for a 3 Mod. 156. Salk. 63. Kel. 25. If any Man be slain or murdered, and thereof the Slayers, Murderers, Abettors, Maintainers, and Comforters of the A murderer same be indicted, that the same Slayers and Murderers, and quitted shall be all other Accessaries of the same, be arraigned and determined kept in custody of the same Felony and Murder at any time, at the King's year and day, to answer the apSuit, within the year after the same Felony and Murder done, peal. and not tarry the year and day for any Appeal to be taken for the same Felony or Murder; and if it happen any Person named as Principal or Accessary to be acquitted of such Murder at the King's Suit, within the year and day, that then the said Justices afore whom he is acquitted shall not suffer him to go at large, but either to remit him again to the Prison or else to let him to Bail, after their discretion, till the year and day be past. And if it fortune the same Felons or Murderers and Accessaries so arraigned, or any of them, to be acquit, or the Principal of the said Felony or any of them to be attainted, the Wife or next Heir to him so slain as shall require, may which time and § 3. Appeal against arraigned of him that was murder, within commenced. take and have their Appeal of the same Death and Murder before whom the within the year and day after the same Felony and Murder appeal shall be done against the said Persons so arraigned and acquit, and all other their Accessaries, or against the Accessaries of the said Principal or any of them so attainted, or against the said Principals so attainted, if they be on live, and the benefit of his Clergy thereof before not had: And that the Appellant have such and like advantage as if the said Acquittal or Attainder had not been, the said Acquittal or Attainder notwithstanding: And over that the Wife, or Heir of the said Person so slain or murdered, as the case shall require, may commence their Appeal The appellant may in certain cases make his attorney. Rast. 53. § 4. Where poison or a stroke is given in one in another, the appeal shall be in the county where the death took place. Felony done, before the Sheriff and Coroners of the County where the said Felony or Murder was done, or before the King in his Bench, or Justices of Gaol Delivery; and the Appellant in any Appeals of Murder or Death of Man, where Battail by the course of the Common Law lieth not, may make their Attornies, and appear by the same, in the said Appeals after they be commenced, to the end of the suit and execution of the same. And if any Person be slain or murdered in the day, and the Murderer scape untaken, that the Township where the said deed is so done be amerced for the said Escape; and that the Coroner have authority to enquire thereof, upon the view of the Body dead; and also Justices of Peace have power to enquire of such Escapes, and that to certify afore the King in his Bench; and that after the Felony found, the Coroner deliver their Inquisitions afore the Justices of the next Gaol Delivery in the Shire where the Inquisition is taken, the same Justices to proceed against such Murderers, if they be in the Gaol or else the same Justices to put the same Inquisitions afore the King in his Bench. 3 H. 7. c. 1. The Statute 2, 3 Ed. 6. c. 24. provides for the Indictment and Trial of Offenders guilty of the Death of another, in those cases where the blow or poison is given in one County and county, and the Death ensues in another, and that such Offenders shall be inparty die thereof dicted and tried in the County where the Death takes place; and then enacts, that such Party to whom Appeal of Murder shall be given by the Law, may commence, take, and sue Appeal of Murder in the same County where the Party so feloniously stricken or poisoned shall die, as well against the Principal as against every Accessary to the same Offences, in whatsoever County or Place the Accessary shall be guilty to the same; and the Justices before whom such Appeal shall be commenced, sued and taken, within the year and day after such Murder and Manslaughter committed and done, shall proceed against every such Accessary in the same County where such Appeal shall be so taken, in like manner as if such Offence of Accessary had been committed in the same County where such Appeal shall be so taken, as well concerning the Trial by Jurors of twelve men of such County where such Appeal shall be taken upon the plea of not guilty, pleaded by such Offender, as otherwise. s. 3. And every such Offender above expressed shall answer upon their arraignments, and receive such Trial, Judgment, Order, and Execution, and suffer such Forfeitures, Pains, and Penalties, as is used in other cases of Felony. s. 4. |