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9 G. 3. c. 31.
s. 3. Punish-
ment of prin-
cipals and ac-
cessories in
murder.

otherwise improved, it is enacted that it shall be lawful for any such county or counties, parish or parishes, respectively to enter into a composition or agreement with each other, and by the authority of those persons who shall be legally competent to make rates for such county and parish respectively, whereby the improvement and future repair of any such bridge shall be undertaken, and lie upon the county or counties in which such bridge is locally situated, and that all rates made for carrying into effect any such composition, agreement, repairs, or improvement, shall be made and assessed in the same manner as other the rates of such county or parish respectively, and shall be good and valid to all intents and purposes in the law whatsoever."

353, note (a) at the end add-"But though their obligation is only to this extent, see as to the power to widen by an order at sessions, 43 G. 3. c. 59. s. 2. ante 348."

375, line 8, dele from the words, "The 1 Rich. 3. c. 3." to the end of the paragraph.

386, dele from the paragraph beginning "By the 9 Geo. 1. c. 22." to the bottom, and also the following page, to the words" without benefit of clergy," inclusive.

402, line 16 from the bottom, after the word "statute," add “now repealed." (p)

425, dele from the top to the end of the paragraph.

dele note (d).

429, line 14 from the bottom, dele the words "which again makes the offence wilful murder, and takes away clergy."

note (h) dele "48 Geo. 3. c. 58. s. 1." and insert "9 Geo. 4. c. 31." 433, dele the paragraph beginning "Clergy is taken away in all cases of mur

der," and insert "By the statute 9 Geo. 4. c. 31. s. 3. every person convicted of murder, or of being an accessory before the fact to murder, shall suffer death as a felon; and every accessory after the fact to murder shall be liable, at the discretion of the Court, to be transported beyond the seas for life, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding four years."

434, dele the note (k).

Place of trial. 462, line 15, after the words, "In either county (g)," dele to the end of the paragraph, and insert but by the statute 2 & 3 Edw. 6. c. 24. s. 2. (h), it was enacted, “That the trial should be in the county where the death happens. That statute is, however, repealed by 7 Geo. 4. c. 64., the twelfth section of which enacts, in general terms, that where any felony or misdemeanor shall be committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeano may be dealt with, inquired of, tried, determined, and punished, in any of the said counties, in the same manner as if it had been actually and wholly committed therein. The ninth section of this statute also enacts as to the trial of accessories before the fact, that in case the principal felony shall have been committed within the body of any county, and the offence of counselling, &c. shall have been committed within the body of any other county, the last mentioned offence may be inquired of, tried, &c. in either of such counties. So with respect to the trial of accessories after the fact, the tenth section enacts, where the principal felony, and the act by which the party became accessory have been committed in different counties, the trial may be had in either." 463, line 22, dele the sentence beginning with the words, "With respect to accessories to felonies," to the end of the paragraph.

464, in the margin opposite line 11, erase "after examination before the King's

(p) Repealed by 7 Geo. 4. c. 64. s. 32.

council," and insert," where the murder or manslaughter is committed." 464, line 22, dele the sentence beginning "This statute did not extend," to the end of the paragraph, and insert, But this statute is repealed

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by 9 Geo. 4. c. 31., which substitutes other provisions." The British sub-
seventh section enacts, "That if any of his Majesty's subjects jects may be
shall be charged in England with any murder or manslaughter, tried in Eng-
or with being accessory before the fact to any murder, or after land for mur-
the fact to any murder, or manslaughter, the same being re- der or man-
spectively committed on land out of the United Kingdom, slaughter com-
whether within the King's dominions or without, it shall be mitted abroad.
lawful for any justice of the peace of the county or place where
the person so charged shall be, to take cognizance of the offence
so charged, and to proceed therein as if the same had been com-
mitted within the limits of his ordinary jurisdiction; and if
any person so charged shall be committed for trial, or admitted
to bail to answer such charge, a commission of oyer and ter-
miner under the great seal, shall be directed to such persons,
and into such county or place as shall be appointed by the
Lord Chancellor, or Lord Keeper, or Lords Commissioners of
the great seal, for the speedy trial of any such offender; and
such persons shall have full powers to enquire of, hear, and de-
termine all such offences, within the county or place limited in
their commission, by such good and lawful men of the said
county or place, as shall be returned before them for that pur-
pose, in the same manner as if the offences had actually been
committed in the said county or place: provided always, that Proviso.
if any peers of the realm, or persons entitled to the privilege
of peerage, shall be indicted of any such offences, by virtue of
any commission to be granted as aforesaid, they shall be tried
by their peers in the manner heretofore used: provided also,
that nothing herein contained shall prevent any person from
being tried in any place out of this kingdom, for any murder
or manslaughter committed out of this kingdom, in the same
manner as such person might have been tried before the passing
of this act."

The eighth section enacts, "that where any person being feloniously Provision for
stricken, poisoned, or otherwise hurt upon the sea, or at any the trial of
place out of England, shall die of such stroke, poisoning, or murder and
hurt in England, or being feloniously stricken, poisoned, or manslaughter,
otherwise hurt at any place in England, shall die of such stroke, where the
poisoning, or hurt, upon the sea, or at any place out of Eng death, or the
land, every offence committed in respect of any such case, only, happens
in England.

whether the same shall amount to the offence of murder or
manslaughter, or of being accessary before the fact to murder
or after the fact to murder or manslaughter may be dealt with,
enquired 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."

464, line 30, dele “this," and insert "the repealed." And in the same line,
instead of "is," read "was."

464, last line, instead of "But a British subject is indictable under the 33 H. 8." read "But it was holden that a British subject was indictable under that statute."

464, notes (q) and (r) dele.

465, line 2, after the word "And,” read “it was also holden that."
465, dele from the paragraph beginning with the words "Where a person was
struck, &c." to the end of the page, and also the four first lines
in the next page.

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466, line 10, at the end of the paragraph, insert "The statute 9 Geo. 4. c. 31. s. 32. enacts, That all indictable offences mentioned in this act, which shall be committed within the jurisdiction of the Admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been com

cause of death

Provision for offencesagainst this act committed at sea.

Not to affect the laws re

lating to the forces.

A woman concealing the birth of her child. See Cornwall's case, R. & R. 336.

4 G. 4. c. 31. 8.4.

Period of execution, and marks of infamy.

Sentence to be pronounced immediately.

Power to respite.

S. 5. As to the dissection of the bodies of murderers.

S. 6. Prison regulations as

mitted upon the land in England, and may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England: 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."

470, note (t) at the end, add "This statute is now repealed by 7 Geo. 4. c. 64.

s. 32.

470, note (u) at the end, add "This statute is now repealed by 9 Geo. 4. c. 31. 474, line 3, from the bottom, dele the words, “And by the 43 Geo. 3." and to the end of the paragraph.

475, at the end of the page, add, "This provision, as it could only be acted
upon where the party was charged with the crime of murder by
the indictment, was open to much objection, and has been re-
pealed by the recent statute 9 Geo. 4. c. 31. s. 14. which enacts,
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 any
term, not exceeding two years; and it shall not be necessary to
prove whether the child died before, at, or after its birth; pro-
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 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 the concealment of the
birth."

476, line 9, after the words, "so upon the," insert "repealed statute."
476, line 11, instead of the words, will be," insert "would have been."
477, dele the last parapraph of the sixth section.

477, dele the first paragraph to the 7th section, and insert "The judgment
and mode of execution in cases of murder, is now regulated by
the statute 9 Geo. 4. c. 31., which repealed the provisions upon
that subject in the former statute 25 Geo. 2. c. 37. The fourth
section enacts, that every person convicted of murder shall be
executed according to law, on the day next but one after that
on which the sentence shall be passed, unless the same shall hap-
pen to be Sunday, and in that case, on the Monday following;
and the body of every murderer shall, after execution, either
be dissected or hung in chains, as to the Court shall seem meet;
and sentence shall be pronounced immediately after the convic-
tion of every murderer, unless the Court shall see reasonable
cause for postponing the same; and such sentence shall express
not only the usual judgment of death, but also the time hereby
appointed for the execution thereof, and that the body of the
offender shall be dissected or hung in chains, whichsoever of
the two the Court shall order: provided always, that after such
sentence shall have been pronounced, it shall be lawful for the
Court or Judge to stay the execution thereof, if such Court or
Judge shall so think fit.'

"The fifth section enacts, that whenever dissection shall be or-
dered by such sentence, the body of the murderer, if executed
in the county of Middlesex or city of London, shall be irume-
diately conveyed by the sheriff or sheriffs, or his or their offi-
cers, to the hall of the surgeon's company, or to such other
place as the said company shall appoint, and shall be delivered
to such person as the said company shall appoint, for the pur-
pose of being dissected; and the body of the murderer, if exe-
cuted elsewhere, shall in like manner be delivered to such sur-
geon as the Court or Judge shall direct, for the same purpose."
"The sixth section enacts, that every person convicted of mur-

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der shall, after judgment, be confined in some safe place within to murderers
the prison, apart from all other prisoners, and shall be fed with under sen-
bread and water only, and with no other food or liquor, except tence.
in case of receiving the sacrament, or in case of any sickness or
wound, in which case the surgeon of the prison may order other
necessaries to be administered; and no person but the gaoler
and his servants, and the chaplain and surgeon of the prison,
shall have access to any such convict, without the permission, in
writing, of the Court or Judge before whom such convict shall
have been tried, or of the sheriff or his deputy: provided al-
ways, that in case the Court or Judge shall think fit to respite
the execution of such convict, such Court or Judge may, by a
licence in writing, relax, during the period of the respite, all
or any of the restraints or regulations hereinbefore directed
to be observed.'"

481, at the commencement of Chapter the second, after the words " petit
treason" insert "The statute 9 Geo. 4. c. 31. s. 2. enacts, that Petit treason
every offence, which before the commencement of this act to be treated.
would have amounted to petit treason, shall be deemed to be
murder only, and no greater offence; and all persons guilty in
respect thereof, whether as principals or as accessories, shall be
dealt with, indicted, tried, and punished as principals and acces-
sories in murder.'"

485, line 8, after the word "lenient," dele to the end of the paragraph. 490, dele the whole of Section II. to page 495.

503, note (z), at the end add—“ And in Ex parte Keans, 1 B. & C. 261., Abbott, C. J., says, it is lawful for any person to take into custody a man charged with felony, and keep him until he can be taken before a magistrate.'

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536, line 5, dele the words " By the 10 Geo. 2. c. 31." and to the end of the paragraph, and insert." By the 7 & 8 Geo. 4. c. lxxv. (local and personal) s. 38., in case any greater number of persons or passengers shall be taken or carried in any such wherry, boat, or other vessel (mentioned in the act) on the river Thames, (within the limits there mentioned,) than are respectively allowed to be carried therein, and any one or more of them shall by reason thereof be drowned, every person or persons who shall work or navigate such wherry, &c. offending therein, and being convicted, shall be deemed guilty of misdemeanor, and shall be liable to punishment, as in cases of misdemeanor, at the discretion of the Court, and shall also be disfranchised, and not allowed to work or navigate any wherry, &c., or to enjoy any of the privileges of a freeman of the company of watermen, &c. on the river Thames."

536, dele the whole of the paragraph beginning with the words "The of
fence of manslaughter is felony within the benefit of clergy,"
to the end of the next page.

note (d), dele the words "It has been observed that this may,” and in-
sert" It was observed upon a former statute, 10 Geo. 2. c. 31.,
containing a more severe punishment for an offence of this kind
that it might."

537, at the end of the page, add-“ The recent statute 9 Geo. 4. c. 31. s. 9. Funishment of enacts, that every person convicted of manslaughter shall be manslaughter. 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.'"

538, after line 7 from the bottom, insert—“ The statute 9 Geo. 4. c. 31. s. 10.
enacts, 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.'"

553, line 6, dele" has lately been passed by which," and insert "43 Geo. 3.

c. 58. made.'"'

line 8, dele the words "are made."

9 G. 4. c. 31. B. 43.

Administering poison or using any

means to procure the miscarriage of a woman quick with the child. The like as to a woman not

quick with child.

9 G. 4. c. 31. 8. 18.

What shall be deemed suffi cient proof of carnal knowledge in rape, &c.

The carnal knowledge of a child under ten years old made felony without cler

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553, after line 8, dele the next paragraph, beginning " The 43 Geo. 3. c. 58."
and insert "That statute is repealed by 9 Geo. 4. c. 31. But
this latter statute contains certain provisions upon the same sub-
ject.
"The thirteenth section enacts, that if any person, with intent to
procure the miscarriage of any woman then being quick with
child, unlawfully and maliciously shall administer to her, or
cause to be taken by her, any poison or other noxious thing,
or shall use any instrument or other means whatever, with 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 suffer death as a felon; and if any
person, with intent to procure the miscarriage of any woman
not being, or not being proved to be, then quick with child, un-
lawfully and maliciously shall administer to her, or cause to be
taken by her, any medicine or other thing, or shall use any
instrument or other means whatever, with 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 correc-
tion, for any term not exceeding three years, and if a male, to
be once, twice, or thrice publicly or privately whipped (if the
Court shall so think fit), in addition to such imprisonment.'"
533, line 9 from the bottom, dele "on this section of the statute," and insert
upon the repealed statute 43 Geo. 3. c. 58., which like the
present enactment, made a distinction in the punishment of the
offence, where the woman was quick with child, it appeared
that"

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554, dele the whole of the paragraph, beginning with the words "The second section of the statute recites."

line 16 from the bottom, dele the words "this section of the statute," and add "the same repealed statute."

556, in the margin opposite line 4, erase “ by 18 Eliz. c. 7. s. 1."

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line 3 from the bottom, after the word " clergy" insert "But these statutes are repealed by the late act 9 Geo. 4. c. 31. s. 16., which enacts upon this subject,' that every person convicted of the crime of rape shall suffer death as a felon.'”

557, line 7, dele the words "have their clergy, (e)" and insert" are not subject to capital punishment."

line 14 from the bottom, at the end of the paragraph, add “And
though that statute is repealed, the late act 9 Geo. 4. c. 31. s.
19, 20. makes certain provisions against the forcible or unlawful
abduction of females, which will be mentioned in a subsequent
Chapter."

558, line 7, after the words "very different opinions have been holden,(p)”
dele the remainder of the page, and also pages 559, 560, and
561, to the end of line 18, and insert "But the recent statute
9 Geo. 4. c. 31. s. 18., reciting, that upon trials for the crimes of
buggery and rape, and of carnally abusing girls under the re
spective ages thereinbefore mentioned, offenders frequently es-
caped by reason of the difficulty of the proof which has been
required of the completion of those several crimes, for remedy
thereof, enacts, that it shall not be necessary in any of those
cases to prove the actual emission of seed in order to constitute
a carnal knowledge, but that the carnal knowledge shall be
deemed complete upon proof of penetration only.""
564, sect, 2, dele from the beginning of the section to the bottom of the page
and insert" In rape as we have seen the carnal knowledge must
be against the will of the party: but by the fourth section of
the statute 18 Eliz. c. 7. now repealed carnal knowledge of any
woman child, under the age of ten years was made felony with-
out benefit of clergy, and this without any reference to the con-

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