If a criminal, in endeavouring to break the gaol, assault his gaoler, he may be lawfully killed by him in the affray. 81. s. 13 If a gaoler, by duress of imprisonment, compel a man to accuse an innocent person, who, on his evidence, is condemned and executed, this is homicide in the gaoler. 92. s. 7 A gaoler knowing a prisoner to be infected with an epidemical distemper, confines another prisoner against his will in the same room with him, by which he catches the infection, and is suffered to continue there and die, this is a felonious killing. . |By 9 & 10 Will. 3. c. 32. denying any one of the persons in the holy Trinity to be God, or maintaining that there are more Gods, than one, &c. on conviction at Westminster or assizes, renders the offender incapable of any office for the first, disabled to sue, &c. for the second offence. 355. s. 13. [Repealed as to the Trinity, 53 Geo. 3. ch. 160. ib. (N) GOLD. See COIN. Endeavours to find out the Philosopher's Stone being found prejudicial, the 5 Hen. 4. c. 4. made it felony to use the craft of multiplication, but is repealed by 1 Will. & Mary, c. 30. 42 93. (N) By 8 & 9 Will. 3. c. 26. whoever shall blanch copper, &c. or deal in any malleable composition or mixture of metals, which shall be heavier, and look and touch like standard gold, he shall be guilty of felony. So also to confine a prisoner in a damp room, denying him the conveniences which decency requires, by which filth he catches a distemper and dies, it is felonious. ib. (N) By 14 Edw. 3. c. 10. if any gaoler or underkeeper, by duress, make any prisoner to become an appeller, against his will, he is guilty of felony. 413 It is immaterial whether the approvement be true or false, or whether the appellee be acquitted or condemned. ib. s. 2 Erecting a new gate in a highway is a nuisance, because it intercepts that free, open, and legal passage the people before enjoyed. 694. s. 9. But where a gate has continued time out of mind, it shall be intended that it was set up at first by consent, or laying out the road, in which case the people never had a free passage. 146. A gate that is a common nuisance may be pulled down by any person. 695. s. 12. GOD. All blasphemies against God, as denying his being or providence, or reproaching Jesus Christ, or falsely pretending to extraordinary commissions from God, are high offences by the common law, punishable with fine, imprisonment, and such infamous corporal punishment as the court shall direct. 358 42. s. 14. The standard of gold consists of two carats of copper melted with twenty-two carats of fine gold 43. s. 16. The king cannot by his prerogative alter the standard ib. Persons of evil fame includes persons of scandalous behaviour in other respects than those relating to the peace. ib. s. 1. A man may be bound to good behaviour for of fences contra bonos mores, as haunting bawdy houses with women of bad fame; keeping bad women in one's house; speaking contemptuously of a justice or a mayor, though not in the execution of office, and also of a constable in the execution of his office. ib. s. 2. But no one ought to be bound to good behaviour for rash, quarrelsome, or unmannerly words, unless they tend to break the peace or abuse the government. 486. s. 3. But there are no precise rules, and the magistrate has a discretionary power. ib. Surety By 23 Edw. 3. c. 2. if a man do counterfeit the to actors. ib. s. 50 By 11 Geo. 2. c. 22. whoever shall destroy any This extends to aiders and consenters as well as store-house, granary, or other place where ib. s. 49. corn shall be then kept, in order to be ex-But no attempt to counterfeit either of them will ported, or shall unlawfully enter any such amount to this crime. place, and take and carry away any corn, flour, meal, or grain therefrom, or shall throw abroad or spoil the same, shall be transported Nor is any alteration of the matter of an instrufor seven years. ment to which the seal is affixed, a counterfeiting of it. 21. s. 52 GRAND JURY. 345 The grant of the sole engrossing of wills and inventories in a spiritual court, or of the sole Nor is fixing the great seal to a patent, without a warrant for so doing, high treason. 20. s. 51 By 7 Anne, c. 21. to counterfeit the seals used in Scotland is high treason. GUEST. 20 The usual nets for taking them may be used, provided they are not used for fish prohibited to be taken by such nets. GUINEA. 656 making of bills, pleas, and writs, in a court of The impression of a guinea being made on a law, to any particular person, is void. ib. s. 3. A grant for the sole making, importing, and selling of playing cards, is void. ib. s. 4. Nothing can exclude a subject from trade but an act of parliament. ib. (N) But the king may grant to any one the sole use 625 627 How persons aggrieved by such grants shall be relieved. But this statute shall not extend to grants of privilege, for the term of fourteen years, for the sole working or making of any new manu- By 16 Car. 1. c. 21. all persons may import, 626. s. 10 make, make, and sell gunpowder, or the materials The building of a street is a dedication of the highway to the public; but the soil still rethereof, notwithstanding any inhibition. mains in the owner. HABEAS CORPUS. 626. s.11 45 By 15 Geo. 2. c. 28. whoever shall counterfeit HAWKS. In what case it is felony to steal them. 26 149 697 If a highway through an open field be impassable, the people may go by outlets, even over corn sown thereon. ib. s. 2 The grantee of a way may remove obstructions therein. The punishment of stealing an heiress. 123 to 125 HERESY. ib. But he cannot dig trenches to let off water from the way, which the grantor has caused; for he has no interest in the soil. ib. But he may have an action for spoiling the way; and perhaps may go on an outlet of the wrong doer. 353 Highways are either footways, packways, or cartways, &c. 696 A common river is a public highway. 696. s. 1. Every way common to all subjects from town to ib. town is a public highway. ib. If a private way be spoiled by the grantee he shall repair it, and not the grantor, unless ib. the grantor has bound himself so to do. An ancient highway cannot be changed without an ad quod damnum and inquisition thereof. ib. s. 3 But now, by stat. 57 Geo. 3. c. 78. two justices 698. (N) may change a highway. way changed without such authority may be stopped up. And trespass A But a way to a parish church, or to the common fields of a town, or to a private house, or perhaps to a village which terminates there, is a private way, and not a highway. 697 698 will lie for going on such new way. ib. Neither are inhabitants bound to watch, answer for robbing in, or to repair such new road, ib. But if a river change its course, the highway continues in the new channel, in the same manner as in the old. ib. The owner of land through which a road runs is 699 obliged to repair, if he incloses. Generally, the occupiers of lands are bound to repair the highways in the parish where such lands lie. 698. s. 5 But the tenants whose lands adjoin the roads ib. are bound to scour their ditches. Private persons may be burthened to repair highways, either in respect to the occupation of lands, or by prescription. ib. In respect to lands; as where the owner incloses the lands through which the highway lies. 699 In an ad quod damnum, the parishioners shall reib. pair the new road. But another parish, who gain no benefit from the change of the road, shall not repair, although it goes through part of such parish; but the person suing out the writ and his heirs 699 shall repair such part of the road. A corporation may be bound to repair by force ib. s. 8 of a general prescription. Nor is it any excuse that they did use to repair ib. it out of charity. A tenant in fee may be bound ratione tenura. ib. A tenant at will may be indicted for suffering a ib. house on the highway to grow ruinous. But if the parish be indicted, where a particular person is bound, either by tenure or prescription, they cannot discharge themselves under the general issue, but must plead it specially. ib. s. 9 But an indictment against a particular division of a parish must shew how such division is bound to repair. 700. (N) What What shall be said to be a nuisance to the high-|And so perhaps if he cannot otherwise suppress way at common law.. 700 them. 701 81 How such nuisances are to be removed and pu- A stranger assaulted by combatants whom he ennished. Rules for indictments relative to highways. 703 HOMICIDE. See FELO DE SE, MURDER, MANSLAUGHTER. Homicide is an offence either own life or that of another. Justifiable homicide causes no against a man's Excusable homicide ib. (N. 1) c. 11. P. 85 deavoured to part, who kills one of them, may justify it, if they knew his interposition was for that purpose ib. (N. 2) Trespassers in deer parks, &c. not surrendering to the keeper, may be justly slain by him, by by force of the statute 21 Edw. 1. c. 2, 3, and 4 Will. & Mary, c. 10. ib. s. 15 In trial by battle, if one combatant kill the other he is justified. But in all these cases the killing is 82. s. 16 not justifiable, unless it was unavoidable. 81. (N. 2) Felonious homicide is murder or manslaughter. If a sheriff, endeavouring to retake 76. (N. 1) Justifiable homicide must be owing to some unavoidable necessity, and the party killing must be free from all manner of fault. tence of necessity. 79 ib. s. 2 upon an escape in civil process, kills the person in the affray, it is justifiable. 82. s. 17 The officer in such a case is not bound to give back. There must be no malice covered under the pre-But no private person can justify homicide in ib. s. 18 arresting a man on civil process, as he may in felony. ib. s. 19 Nor can the sheriff lawfully kill those who barely fly. ib. s. 20 Killing a wrong-doer in defence of a man's person, house, or goods, may be justified. ib.s.21 As where a man kills one on the highway who assaults to rob or murder him. ib. If a special justification can be pleaded in homi- officer. 80 ib. s. 7 ib. s. 4 If common pleas give judgment of death, or justices of peace award execution in treason, and it is done, both judges and officers are guilty of felony. ib. s. 5 But if justices of peace, on indictment of trespass, arraign for felony, and the prisoner is executed, the justices only, and not the officers, A man cannot justify killing another in defence of his house or goods, or even of his person, are guilty. ib. s. 6 The judgment must be executed by the lawful from a bare private trespass. officer. If the judge who sentences, or any private person, or even the officer without lawful warrant, executes an attainted person, they are (contrary to former opinions) guilty of felony. ib. s. 8, 9 The execution must be pursuant of and warranted by the judgment. But the king's warrant may remit the ignomi-) nious part of the punishment, and the officer is justified in doing execution accordingly. ib. (N. 1) Any person may justify killing another who has been guilty of felony, and cannot otherwise be By 24 Hen. 8. c. 5. those who are indicted for the death of persons attempting to murder, rob, or burglariously to break into mansionhouses, shall incur no forfeiture, and be discharged. 84 ib. s. 14 Regulations relating to the making and selling of honey and wax. So also may a private person, in defence of himself against them. ib. 660 HORSES. HOUSE. JACTITATION. In what cases larceny from the house is debarred A sentence of jactitation, in the ecclesiastical of clergy. 200 court, is not conclusive evidence against a for- And, admitting it to be conclusive, yet the vali- 11 139 An ideot is one whose understanding is defective 140 Maliciously firing a house with intent to defraud, 490. s. 16 See Note, 91. It is felony riotously to pull down, or begin to pull down, a house. HOUSEHOLDER. 528 Riotously assembled with painted visors, &c. IMPLIED MALICE. IMPOSTORS. ib. may be obliged to surrender upon pain of In what manner the words of the statute of treapenalty. 179. (N) sons have been pursued in indictments. By 9 Geo. 1. c. 22. to appear disguised, or to How an indictment against a popish priest must kill fallow deer-to rob a warren-a coney- be framed. burrow, or to steal fish from a pond, being In an indictment for not taking the oath, any armed and disguised, &c. &c. or to kill deer in misrecital of the very words of the oath is erroany inclosed place, or to rescue another in custody for these offences, is felony without clergy. 179. (N) By 16 Geo. 3. c. 30. to kill, destroy, or snare, any fallow-deer, forfeits £30 if by a keeper double; and the second offence is transportation. 179. (N) HUSBAND. See FEME COVERT. 78 106 What property a husband is seised of in right of If the lodgings were let to the husband, she can- ib. Infant under 14 cannot be guilty of rape. 123. A husband is not liable to pay the forfeiture, on an indictment against the wife for absence from Under the age of discretion not to be punished church. (N) 389. s. 39 criminally. A wife may demand surety of the peace against How to be dealt with, if they can distinguish her husband threatening to beat her outrage- between good and evil. ously. A husband may have it also against his wife. ib. 1 4. s. 8 478. s. 4 Are liable to make a civil satisfaction for trespass. 3 V.VOL. I. |