capital. cause to be taken by any person, any poison(a) or destructive 10 G. 4, c. 34. thing; or shall unlawfully and maliciously attempt to drown, suffocate, or strangle any person; or shall unlawfully and mali- certain acts, ciously shoot at any person; or shall, by drawing a trigger, or in any other manner, unlawfully and maliciously attempt to discharge any kind of loaded arms at any person; or shall unlawfully and maliciously stab, cut, or wound any person, either with a sharp or blunt weapon or instrument, and whether such wounding shall be by cutting, stabbing, or by contusion; or shall unlawfully and maliciously throw or cast at or upon, or otherwise apply to any person any corrosive or noxious liquid or substance, 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. 15. That if any person unlawfully and maliciously shall shoot at any person, or shall, by drawing a trigger, or in any other manner, unlawfully and maliciously attempt to discharge any kind of loaded arms at any person; or shall unlawfully and maliciously stab, cut, or wound any person, whether such wounding shall be with a sharp or with a blunt instrument, and whether by cutting or contusion; or shall unlawfully and maliciously throw or cast at or upon, or otherwise apply to any person any corrosive or noxious liquid or substance, 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 the lawful apprehension(6) or detainer of the party intent to kill. The poison was put into her tea, but it pro- (6) Indictment for stabbing, under the repealed statute, 43 Geo. 3, c. 58. For the prosecution, a warrant to arrest the prisoner, grounded on a writ of cap. ad sat. was given in evidence, but the writ itself was not produced. MCLELAND, B., held that the warrant was not sufficient, and, for want of the writ, directed an acquittal. Rex v. Shaw, Antrim Sum. Ass. 1828. Mayne MSS. I Shooting at,or stabbing, cutwounding ting, or &c, any person, with in tent to main &c.; capital. tering poisoni cannot be sus tained, unless the poison be taken. In an indict ment for poi- stated. To support an indictment Geo. 3, c. 55. for stabbing a bailiff, the under the 43 writ on which the Proviso. 10 G. 4, c. 34. so offending, or of any of his accomplices, for any offence for which he or they may respectively be liable by law to be appre hended or detained; every such offender, and every person counselling, aiding, or abetting such offender, (a) 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, or throwing, casting, or applying any corrosive or noxious liquid or substance 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. Administer 16. That if any person, with intent to procure the miscarriage ing poison, or of any woman then being quick with child, unlawfully and ma warrant is grounded, must be produced. A. being fired at, and hit by one of a gang; held, that, upon an indictment for aiding &c., the person intent to kill, it ought to have been left, as a ground of acquittal, whe ther the party was or not (a) Rex v. M'Ilhone, Antrim Sum. Ass. 1819.-Indictment under the repealed statute, 43 Geo. 3, c. 58, for aiding and abetting a certain person to the jurors unknown, who shot at James Lovell with intent to murder. Lovell was a serjeant, who, with an officer and party of soldiers, went to assist constables in arresting several prisoners. The arrest was made, and, on their return, the party was surrounded by a mob, who demanded the release of the prisoners. A riot ensued; shots were fired on both sides, and Lovell received three slugs in the breast. The evidence was, who fired with that the prisoner was active and prominent among the rioters, and that the shot which took effect upon Lovell came from that party; though, by whom fired, or at what precise time, did not appear. The prisoner was, at one period, seen without arms, and exerting himself to stop the firing. When taken, he was in the act of pointing a musket at a soldier. This musket was found primed. The learned judge (MAYNE) directed the jury, that if the persons firing were of the prisoner's party, and if the prisoner were aiding in the proceeding to rescue by force and shots against the soldiers, although he did not take any aiding part as to the particular shot, they should, in that case, find him guilty, But if any of these facts failed, or if the shot were accidental, or not intended to hurt any person, they should then acquit the prisoner. Verdict, guilty. The learned judge afterwards doubted whether he ought not to have left it to the jury, as a ground of acquittal, whether the prisoner was knowing of, and aiding in the very shot which inflicted the wound, and also, whether the intent were not general to do an injury to somebody, and not the intent charged, to murder James Lovell. Upon the former of these points, his lordship was, after consultation with the judge who was on circuit with him (JOHNSON, J.), so satisfied, that immediately upon his return to Dublin, he recommended the man for a free pardon.-Mayne MSS. aiding &c., in the very shot which took effect. ever, child. a woman not · child. Woman dis. dead body of posing of the her child to conceal the birth, guilty of a misde liciously shall administer to her, or cause to be taken by her, 10 G. 4, c. 34. any poison or other noxious thing, or shall use any instrument or other means whatever, with the like intent; every such offen- Using means der, and every person counselling, aiding or abetting such offen- to procure the miscarriage der, shall be guilty of felony, and being convicted thereof, shall of a woman suffer death as a felon; and if any person, with the intent to quick with procure the miscarriage of any woman not being, or not being The like as to proved to be then quick with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any medicine quick with or other thing, or shall use any instrument or other means whatwith 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 whipped (if the court shall so think fit), in addition to such imprisonment. 17. That if any woman shall be delivered of a child, and shall, by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof; every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for term not exceeding two years; and it shall not be necessary to prove whether the child died before, at, or after its birth: Proviso. vided always, that if any woman tried for the murder of her child, shall be acquitted thereof, it shall be lawful for the jury, by whose verdict she shall be acquitted, to find, in case it shall so appear in evidence, that she was delivered of a child, and that she did, by such secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof; and thereupon the court may pass such sentence as if she had been convicted upon an indictment for concealment of the birth. 4 & 5 Will. 4, c. 26.(a)—[Recites so much of 9 Geo. 4, c. 31, s. 4, Eng., and 10 Geo. 4, c. 34, s. 5, as relates to the dissection and hanging in chains of the bodies of murderers. Recites also 2 &3 Will. 4, c. 75, s. 16, Eng., and the expediency of amending the recited acts.] Be it &c., that so much of the said recited Repeal of proact made, &c. [9 Geo. 4, c. 31,] as authorizes the court to direct visions as to dissecting or that the body of a person convicted of murder should after exe- hanging in cution be hung in chains; and also so much of the said recited chains the act made and passed in the tenth year of the same reign, as murderers. authorizes the court to direct that the body of a person convicted of murder should after execution be dissected or hung in chains; and also so much of [2 & 3 Will. 4, c. 75] as provides that in any pro (a) Entitled, "An act to abolish the practice of hanging the bodies of criminals in chains." meanor. bodies of 26. 4 & 5 W. 4, c. every case of conviction of any prisoner for murder, the court shall direct such prisoner to be hung in chains, shall be, and the same is hereby repealed. On convic tion, the court shall order the prison. 2. That in every case of conviction in Ireland of any prisoner for murder, the court before which such prisoner shall have been burial within tried, shall direct such prisoner to be buried within the precincts of the prison, within which such prisoner shall have been confined after conviction; and the sentence to be pronounced by the court shall express, that the body of such prisoner shall be buried within the precincts of such prison. Sentence for murder, simi lar to other capital sentences. Offences against this act committed at sea. Punishment of man slaughter. As to homi cide not felonious. Punishment not before 6 & 7 Will. 4, c. 30, s. 1.-[Recites 9 Geo. 4, c. 31, ss. 4 & 6, Eng. and similar provisions in 10 G. 4, c. 34, ss. 5 &7 as to the period of the execution of murderers, and prison regulations concerning them; and repeals so much of the said acts.] 2. That from and after the passing of this act, sentence of death may be pronounced after convictions for murder, in the same manner, and the judge shall have the same power in all respects, as after convictions for other capital offences. 10 Geo. 4, c. 34, s. 41.-That all indictable offences mentioned in this act, which shall be committed within the jurisdiction of the Admiralty of Ireland, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land in Ireland; and may be dealt with, inquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of Ireland. Provided always, that nothing herein contained shall alter or affect any of the laws relating to the government of his majesty's land or naval forces. SECTION 2. 10 Gen. 4, c. 34, s. 12.-That every person convicted of manslaughter shall be liable, at the discretion of the court, to be transported beyond the seas for life, or for any term not 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 four years, or to pay such fine as the court shall award; and it shall be lawful for the court to direct that the offender shall be kept in solitary confinement, during the whole or any portion or portions of such imprisonment or imprisonment with hard labour. 13. Provided always, and be it enacted, that no punishment or forfeiture shall be incurred by any person who shall kill another by misfortune, or in his own defence, or in any other manner without felony. 40 (pars.) That every accessary after the fact to any felony of accessaries punishable under this act, for whom no punishment has been herein before provided, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years. provided for. [Admiralty offences, p. 88. Manslaughter committed abroad, p. 84.] SECTION 3. Assault and False Imprisonment. 11 Anne, c. 5, s. 7.-And for preventing such quarrels as shall or may happen upon the account of gaming; be it &c., that in case any person or persons whatsoever shall assault, or beat, or shall challenge, or provoke to fight, any other person or persons whatsoever, upon account of any money won by gaming, playing, or betting, at any of the games aforesaid, (a) such person or persons assaulting, or beating, or challenging, or provoking to fight, such other person or persons upon the account aforesaid, shall, being thereof convicted, upon an indictment or information to be exhibited against him or them for that purpose, forfeit to her majesty, her heirs and successors, all his goods, chattels, and personal estate whatsoever, and also suffer imprisonment, without bail or mainprize, in the common gaol of the County where such conviction shall be had, during the term of two years. 7 & 8 Geo. 4, c. 18, s. 1.-Whereas it is expedient to prohibit the setting of spring-guns and mantraps, and other engines calculated to destroy human life, or inflict grievous bodily harm ; be it therefore &c., that from and after the passing of this act, 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 so set or placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanor. Assaults on account of money won at play. Setting mantraps &c.; mis demeanor. 2. Provided always, and be it further enacted, that nothing Proviso for herein contained shall extend to make it illegal to set any gin vermin traps. or trap, such as may have been or may be usually set, with the Intent of destroying vermin. 3. That 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. (a) Viz.: "cards, dice, tables, tennis, bowls, or other game or games whatsoever," s. 1. Persons permitting traps deemed to to be set &c., them. have set |