what attendant circumstances shall be sufficient evidence of a felonious intent on the part of B. to justify A. in killing him. If B. be found armed, it is strange if the owner may not take the most ready and effectual means for his defence. But, on the other hand, the utmost circumspection ought, if possible, to be used; and, notwithstanding the zeal which a great authority has employed in the defence of Levett's case, see 1 E. P. C. 275, it is sub Persons setting or placing springguns, mantraps, &c. guilty of a misdemeanor. Provision for traps mitted that Mr. Justice Foster's observations on that decision are correct: Fost. 299. But, however a person may be justified in killing another under the circumstances just mentioned, it seems clear that he has no right whatever to shoot at a person who comes into his yard or garden by night, though evidently with an intention to steal, unless he has reasonable grounds for believing his life to be in danger: R. v. Sculby, 1 C. & P. 319. Setting Spring Guns, &c. 7 & 8 Geo. 4, c. 18. I. Whereas it is expedient to prohibit the setting of springguns and man-traps, and other engines calculated to destroy human life, or inflict grievous bodily harm; be it therefore enacted, &c., that from and after the passing of this act, if any person shall set or place, or cause to be set or placed, any spring-gun, man-trap, 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 misde meanor. II. Provided always, and be it further enacted, that nofor destroy thing herein contained shall extend to make it illegal to set ing vermin. any gin or trap, such as may have been, or may be usually set with the intent to destroy vermin. Persons per mitting &c. set by others to continue, deemed to III. And be it further enacted and declared, that if any guns, traps, person shall knowingly and wilfully permit any such springgun, man-trap, 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, have set the 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. same. Proviso for guns, traps, &c. set for the protection of dwelling houses. IV. Provided always, and be it further enacted, that nothing in this act shall be deemed or construed to make it a misdemeanor, within the meaning of this act, to set or cause to be set, or to be continued set, from sunset to sunrise, any spring-gun, man-trap, or other engine which shall be set, or caused, or continued to be set, in a dwelling-house, for the protection thereof. V. Provided always, and it is hereby further enacted Not to affect and declared, that nothing in this act contained, shall in proceedings any manner affect or authorize any proceedings in any civil or criminal court touching any matter or thing done or ed. committed previous to the passing of this act. already commenc Not to ex VI. Provided always, and be it further enacted, that tend to nothing in this act contained shall extend or be construed Scotland. to extend to that part of the united kingdom called Scotland. Overloading Boats on the Thames. passengers more than other boat VIII. For preventing the losing the lives of persons Number of passing on the river Thames between Gravesend and Windsor aforesaid, be it enacted by the authority aforesaid, that limited. from and after the said 24th day of June, 1737, it shall not be lawful for any person or persons who shall work or navigate any tilt-boat, row-barge, or any other boat or No tilt-boat, wherry, for hire or gain, to receive, take into, or carry, in &c. to take any such tilt or row-barge, at one and the same time, any 37, and 3 by more than thirty-seven passengers, and three more passen- the way; gers only if brought on board by the way; nor to receive, nor any take into, or carry, in any other boat or wherry, any more more than than eight passengers, and two more only if called in by the 8, and 2 by way; nor to receive, take into, or carry, in any ferry-boat the way; or wherry allowed to work on Sundays, any more than nor any ferry-boat, on eight passengers at one and the same time; and, if any Sunday's, person or persons, who shall work or navigate any such more than 8, tilt-boats, row-barges, ferry-boats, or other boats or wherries, shall receive, take into, or carry, in any such tiltboats, row-barges, ferry-boats, or other boats or wherries, a greater number of passengers than what are limited respectively as aforesaid, every such person or persons so offending, and being thereof convicted by the oath of one or more credible witness or witnesses, or by the confession of the party or parties before the lord mayor of the city of London, for the time being, or one or more justice or justices of the peace for the city, county, town corporate, on pain of liberty, or place where the offence shall be committed, or forfeiting, the offender shall be found, or on view of any such for the first justice or justices, shall, for the first offence, forfeit the for the sesum of five pounds, and, for the second offence, forfeit the cond, 107. sum of ten pounds; one moiety of such forfeitures to go to the informer, and the other moiety to such uses as the other penalties and forfeitures imposed by this act are particularly for the third, directed to be applied; and every person or persons who to be dis shall offend in the premises a third time, shall be disfran- franchised chised for twelve months from working, rowing, or navi- months. gating any boat, wherry, vessel, or other craft, and from enjoying any the privileges, the members of the said company of watermen, wherrymen, and lightermen are entitled person shall S offence, 51., for twelve In case any be drowned where a greater number is taken in, the watermen shall be transported as felons. to, and do enjoy; and in case any greater number of persons shall be received, taken into, or carried, in any such tilt-boats, row-barges, ferry-boats, or other boats or wherries than are respectively allowed to be carried as aforesaid, and any passenger or passengers shall then be drowned, every such person or persons who shall work or navigate such tilt-boats, row-barges, ferry-boats, or other boats or wherries, offending therein, and being thereof lawfully convicted, shall be deemed guilty of felony, and shall be transported as felons. MISPRISION OF FELONY. 3 Ed. 1, c. 9. If the sheriff, coroner, or any other bailiff within a franchise, or without, for reward, or for prayer, or for fear, or for any manner of affinity, conceal, consent, or procure to conceal the felonies done in their liberties; or otherwise will not attach nor arrest such felons there, as they may, or otherwise will not do their office, for favour borne to such misdoers, and be attainted thereof, they shall have one year's imprisonment, and after make a grievous fine, at the king's pleasure, if they have wherewith; and, if they have not whereof, they shall have imprisonment of three years. 3 Hen. 7, c. 1. The justices of the peace of every shire of this realm, for the time being, may take by their discretion an inquest, whereof every man shall have lands and tenements to the yearly value of forty shillings, at the least, to inquire of the concealments of other inquests taken afore them, and afore others, of such matters and offences as are to be inquired and presented afore justices of the peace, whereof complaint shall be made by bill, or by bills, as well within franchise as without. And, if any such concealment be found of any inquest, as is afore rehearsed, had or made within the year afore the same concealment, every person of the same inquest to be amerced for the same concealments, by discretion of the same justices of the peace; the said amerciaments to be sessed in plain sessions. Punish ment of principal and accessories in murder: MURDER. 9 Geo. 4, c. 31. III. Be it enacted, that 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. and marks IV. And be it enacted, that every person convicted of Period of murder shall be executed according to law on the day execution next but one after that on which the sentence shall be of infamy. passed, unless the same shall happen 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 conviction of every murderer, unless the court shall see reasonable cause for postponing the same; and such sentence Sentence to shall express not only the usual judgment of death, but also the time hereby appointed for the execution thereof, mediately and that the body of the offender shall be dissected or after conhung in chains, whichsoever of the two the court shall viction. order provided always, that after such sentence shall have been pronounced, it shall be lawful for the court or Power to respite. judge to stay the execution thereof, if such court or judge shall so think fit. be pro nounced im. of murder V. And be it enacted, that whenever dissection shall The bodies be ordered by such sentence, the body of the murderer, ers to be deif executed in the county of Middlesex or city of London, livered for shall be immediately conveyed by the sheriff or sheriffs, or dissection. his or their officers, to the hall of the Surgeons' 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 purpose of being dissected; and the body of the murderer, if executed elsewhere, shall in like manner be delivered to such surgeon as the court or judge shall direct, for the same purpose. to murder VI. And be it enacted, that every person convicted of Prison remurder shall, after judgment, be confined in some safe gulations as place within the prison, apart from all other prisoners, ers under and shall be fed with bread and water only, and with no sentence. other food or liquor, except 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 permis sion, in writing, of the court or judge, before whom such convict shall have been tried, or of the sheriff or his deputy provided always, 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 herein before directed to be observed. tried in abroad. Proviso. British sub- VII. And be it enacted, that if any of his majesty's jects may be subjects shall be charged in England with any murder or manslaughter, or with being accessory before the fact to England for murder any murder, or after the fact to any murder or mancommitted slaughter, the same being respectively committed on land out of the united kingdom, whether within the king's dominions or without, it shall be lawful for any justice of the peace, or 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 committed within the limits of his ordinary jurisdiction; and if any person so charged shall be committed for trial, or admitted to bail to answer snch charge, a commission of oyer and terminer 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 power to inquire of, hear, and determine 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 purpose, in the same manner as if the offences had been actually committed in the said county or place: provided always, that 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. VIII. And be it enacted, that where any person, being for the trial feloniously stricken, poisoned, or otherwise hurt upon the sea, or at any place out of England, shall die of such slaughter, stroke, poisoning, or hurt in England, or being feloniously where the stricken, poisoned, or otherwise hurt at any place in death, or the cause of England, shall die of such stroke, poisoning, or hurt, death only, upon the sea, or at any place out of England, every offence happens in committed in respect of any such case, whether the same England. shall amount to the offence of murder or of manslaughter, or of being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired 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. Provision of murder and man Note. The venue in an indictment for murder, in cases where the stroke is given in one county, and the death takes place in another, |