FORMS. murder by For caption, see p. 419, down to * and then proceed.] That C. D. of the parish of M. in the county of N. labourer(a), on (14) the day of in the year aforesaid, with force and Finding of arms, at the parish of , aforesaid, in and upon the shooting. said A. B. feloniously, wilfully, and of his malice aforethought(b), did make an assault, and with a certain pistol of the value of five shillings, then and there charged with gunpowder and leaden slugs, which said pistol the said C. D. in his right hand then and there held, then and there, to, upon, and against the said A. B. did shoot and discharge, and with the said slugs, out of the said pistol, by force of the said gunpowder, then and there shot and sent forth as aforesaid, the said A. B., on the left side of the belly(c), then and there did strike, penetrate, and wound, giving to the said A. B. then and there with the leaden slugs aforesaid, so shot and sent forth as aforesaid, in and upon the left side of the belly of him the said A. B., one mortal wound, of which said mortal wound the said A. B. then and there instantly died. And so the jurors aforesaid, upon their oath aforesaid, say that the said C. D., him the said A. B., in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder, against the peace of our said lord the king, his crown and dignity. And Finding as to the said jurors further say, upon their oath aforesaid, that E. F. of &c., yeoman, before the said felony and murder was committed in manner and form aforesaid, to wit, on &c.(d), in the year aforesaid, at the parish aforesaid, did feloniously and maliciously incite, procure, aid, counsel, and command the said C. D., the said felony and murder in manner and form accessories. the jurors may here adopt their usual mode of signature, R. v. Bennett, 6 C. & P. 179. If any of the jurors be marksmen, their marks must be verified by an attestation. R. v. Bowen, 3 C. & P. 602. (a) See note (e) ante 419; and generally, the notes to that precedent may be of material assistance in other cases. (b) If the imputed offence should amount not to murder, but manslaughter only, then omit the words "wilfully and of his malice aforethought," and also the word "murder" where it occurs. As to the distinction between these two offences, and what is requisite to constitute each, see ante &c. Arch. Pl. & Ev. 320, 5th ed. It should also be borne in mind that in manslaughter there can be no accessories, and therefore, so much of the form as relates to them ought, in such a case to be omitted; but to warrant the jury in coming to that conclusion, mitigatory circumstances ought to appear in evidence, as the law presumes every homicide to be murder, until the contrary appears, Fost. 255. (c) The situation of the wound need not be stated more particularly. 4 Co, 416. It is mentioned, in order that it may appear to the court that a mortal wound has been given. (d) Insert here some day previous to the offence. Being laid under a vide licet, it is not necessary that it should be the true day. FORMS. aforesaid, to do and commit, against the peace of our said lord the king, his crown and dignity. In witness &c. [conclude as ante 420.] (15) Finding of the death of an insane person. (16) Caption, as ante 419, down to *] That the said A. B. at the time of his death, and for a long time immediately previous thereto, to wit, from &c. (a), to the time of his death, and at the time of his death aforesaid, was a lunatic, and a person of insane mind, and that the said A. B., so being a lunatic, and of insane mind, did on the day of , come alone to a certain canal called the grand canal, in said county, and did then and there cast himself into the said canal, and drowned himself in the water of the said canal; and so the jurors aforesaid, upon their oath aforesaid, say that the said A. B., from the cause aforesaid, in manner and form aforesaid, came to his death and not otherwise. In witness &c. [Conclude as ante, 420. Caption, as ante 419, down to *] That the said A. B. on the Finding of a day of at the parish of &c, in the said county of S., in killing in selfdefence. and upon one C. D. late of &c. yeoman, did, of his malice aforethought, make an assault, and him the said C. D. did then and there beat and endeavour to kill, and the said C. D. seeing the said A. B. so maliciously disposed, to a certain wall in the said place called did flee, and from thence for fear of death could not escape; and so the said C. D. in preservation of his life, and in his own defence, him the said A. B., upon the right part of the head of him the said A. B. with a certain stick of no value, which the said C. D. then and there held in his right hand, did strike, and then and there gave to the said A. B. with the said stick one mortal wound, of which said mortal wound † the said A. B. at the parish aforesaid languished, + and languishing did live from the said day of until the day of then next ensuing; and that the said A. B., on the day and year last aforesaid, at the parish aforesaid, of the said mortal wound died; and so the said C. D. did then and there kill him the said A. B. in his own defence. In witness &c. [Conclude as ante, 420.] Caption as ante, 419, down to *.] That the said A. B. on &c., at &c., in a certain place called &c., was found dead; that he had no marks of violence appearing on his body, and died by the visitation of God, in a natural way, and not otherwise. In witness &c. [Conclusion as ante, 420.] (a) Insert some day previous to his death when he was insane. (18) the death of Caption, as ante, 419, to *.] That the said A. B. on FORMS. &c., being a prisoner in the gaol at in the county aforesaid, then and there died of the visitation of God, and then Finding of and there in manner and form aforesaid, came to his death, a prisoner. and not otherwise. In witness &c. [Conclude as ante, 420.] To the Minister and Churchwardens of the Parish of R. in the Whereas an inquisition hath this day been held upon the body of A. B. who now lies dead in your parish; these are therefore to certify to you, that you may lawfully permit the body of the said A. B. to be buried. Given &c. L. M. Coroner. (Seal.) (19) Warrant to bury after a view. (20) To the Churchwardens of the Parish of R. in the County of S. Warrant for and to all Constables in and for the said County. County of S. to wit. Whereas by an inquisition taken before me, one of his majesty's coroners for the said county, this day of 183 at the parish of R. in the said county, upon view of the body of A. B. then and there lying dead, it hath been duly found that the said A. B. did feloniously, and of his malice aforethought, kill and murder himself. These are therefore, by virtue of my office, to authorize and require you to cause the body of the said A. B. to be buried privately, and without the performance of any of the, rites of Christian burial, in the churchyard or other burial ground of the said parish, between the hours of nine and twelve at night, and before the hour of of the clock, on the day of , instant(a). Given &c. L. M. Coroner. (Seal.) To the Minister and Churchwardens of the Parish of R. in County of S. to wit. the County of S. Whereas the body of one A. B. hath lately been buried in your parish, the said A. B. having previously died, not a natural but a violent death; and whereas no notice of such death hath been given to any of the coroners of the said county previous to such interment, as by law is required. These are therefore, by virtue of my office, as one of his majesty's coroners in and for the said county, to charge and command you forthwith to cause the body of the said A. B. to be taken up and conveyed to (a) The time to be here inserted is the period of expiration of twenty-four hours from the time of giving the verdict. the burial of a felo de se. (21) Warrant to take up a body interred, in the said parish, that I with my inquest may have a view To all Constables and other Officers of the Peace in and for the county of S. County of S. Whereas by an inquisition taken before me, one of his majesty's coroners for said county, on &c., at the parish of R. in said county, on view of the body of A. B. then and there lying dead, one C. D. late of &c., stands charged with the wilful murder of the said A. B. *These are therefore, to charge and command you and every of you, without delay to apprehend and bring before me, or one of his majesty's justices of the peace of the said county, the body of the said C. D. of whom you shall have notice, that he may be dealt with according to law. Given &c. L. M. Coroner. (Seal.) To all Constables and other Officers of the Peace in and for the County of S., and to the Keeper of his Majesty's Gaoi at R. Commencement as in last form to *] These are therefore, to charge and command you or any of you, forthwith safely to convey the body of the said C. D. to his majesty's gaol of R. and safely to deliver the same to the keeper of the said gaol. And these are likewise to require you the said keeper, to receive the body of the said C. D. into your custody, and him safely keep in the said gaol, until discharged by due course of law. Given &c. L. M. Coroner. (Seal.) CHAPTER VIII. OF THE COURT OF PETTY SESSIONS. proceedings 7 & 8 Geo. 4, c. 67(a), s. 11(b).--That a registry or re- A registry to cord in writing shall be kept by each and every clerk of the be kept of all petty sessions, of all acts or orders and proceedings done at at petty sessuch petty sessions, whether in civil or criminal cases, in the sions. manner and form set forth in the schedule to this act annexed(c); such registry or record to be signed, on each day upon which such petty sessions shall be holden, by all the justices present; and that no summons, warrant, conviction, committal, information, recognizance, or any other magisterial act or order of any kind, be issued or signed at such petty sessions, without the making an entry thereof in the said record or registry. 13. That in all cases in which it becomes necessary for a Entry to be single justice to act magisterially, not being in petty sessions, made at petty save and except in the issue of summonses, such magistrates do report such case, together with the informations taken, or a sessions of all cases in which single jus tice acts. (a) Entitled " An act for the better administration of justice at the holding of petty sessions by justices of the peace in Ireland." (b) The first six sections of this act relate to the fixing and alteration of petty sessions' districts; the 7th and 8th, to the providing a court-house and clerk to the justices; and the 9th and 10th, to the appropriation of fees, and the affixing a table thereof in the court-house. (c) The following is a copy of the schedule so far as regards criminal proceedings: No. "Registry of proceedings in criminal matters at petty sessions at Determination. Residence. |