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BY JOSEPH GABBETT, ESQ.
BARRISTER AT LAW.
VOL. n. Pakt II.
O'RAISBERRY AND CAMPBELL, PRINTERS TO THE UNIVERSITY.
J. HE last division of public wrongs is into such crimes and misdemeanors as more peculiarly affect and injure •»
individuals or private subjects, whether in their persons, tbeir habitations, or their property.
To the head of justifiable Iwmicide, may be referred § j, the clauses of several statutes which have been already Killing persons stated in the preceding pages (617. 9. 630. 823. 8.) oi^ZV"^ this book. Aud the 24 Hen. 8. c. 5. Eng. declares or ^.justifiable. enacts, that if any person be indicted or appealed for the En„_ death of any evil disposed person attempting feloniously to murder or rob any person in or nigh any common highway, cart-way, horse-way, or foot-way, or in his mansion, messuage, or dwelling-place, or feloniously or Wglanly to break any dwelling-house or mansion-house [*in the night time,] and the same by verdict be found, he shall not forfeit any lands, tenements, goods, or chattels, for the death of such person so slain, but shall be thereof fully acquitted, as if lawfully acquitted of the death of such person. The 15 Car. 1. c. 9. Ir. is the i5Car. i.e.9. corresponding statute in .Ireland. And the 28 Hen. 6. '„ 6 „ c. 3. Ir. also enacts, that it shall be lawful for every !«•■ liege man of the king, to kill all notorious thieves, and thieves found robbing and spoiling, or breaking houses, by night or by day, and thieves found with the manner, and to take them without impeachment by the king, his justices, officers, or ministers, for such manslaughter or taking. And every man that kills or takes such thieves, sl.all have one penny of every plough, and one farthing ^"^taZng1' of every cottage within the barony where the manslaugh- '*"*»*• ter is done, lor every thief. And the town where the said
Vol. n. 3 N manslaughter
• The preamble to the 15 Car. 1. c. 9. Ir. adds, "or in the day time."