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S. 3.

Sentence when

shall, if such conviction be in the [*county of Middlesex, Their bodies to or within the city of London, or the liberties thereof,] be dissected. be immediately conveyed by the sheriff, his deputy, and officers, to the hall of the surgeons company,t or such other place as said company shall appoint, and be delivered to such person as said company shall depute, who shall give to the sheriff, &c. a receipt for the same; and the body shall be dissected and anatomized by said surgeons, or such person as they shall appoint, and in case such conviction, &c. shall be in any other county

. or place in [+Great Britain,] then the judge shall award +“ Ireland” in the sentence to be put in execution the next day but 31 Geo. 3.c.17, one after such conviction, (except as before excepted,) and the body of such murderer shall in like manner be delivered by the sheriff, &c. to such Isurgeon as such judge shall direct. By s. 3. sentence shall be pronounced in open court immediately after the conviction of such murderer, and before the court shall proceed to and how proother business, unless the court shall see reasonable rounced. cause for postponing the same; in which sentence shall be expressed not only the usual judgment of death, but also the time appointed for the execution thereof, and the marks of infamy hereby directed for such offenders. Provided (s. 4.) that after such sentence pronounced, the judge before whom such criminal shall be tried, may Frecution may stay the execution of such sentence, regard being had be siayed. to the true intent of this act, And by s. 5. such judge inay appoint the body of such criminal to be hung in chains : But in no case shall the body of any mur- hung in chuins.

Body may be derer be suffered to be buried, unless after being dissected, as aforesaid ; and such judge shall direct the same to be disposed of as aforesaid, to be anatomized, or to be hung in chains, as is now practised for the most atrocious offences. By s. 6. after such conviction and judgment, the gaoler or keeper to whom such crim

Prisoner, after inal shall be delivered for safe custody, shall confine him sentence, hou

S. 4.

s. 5.

S. 6.

dealt with by tJ gaoler.

* “ County of Dublin, or county of the city of Dublin,” in 31 Geo. 3. c. 17.Ir.

+ “ In the city of Dublin” here added in 31 Geo. 3. c. 17. Ir.

" To the surgeon of the infirmary of the county in which such trial shall be, if there be an infirmary of such county, and if not, then to such surgeon as such judge shall d.rec:" ju 31 G90. 9. c. 1 i 1r.

s. 7.

8. S.

to some cell, or other proper place within the prison, separate from the other prisoners; and no person, except the gaoler, &c. or his servants, shall have access to such prisoner, without license under the hand of the judge before whom such offender shall have been tried, or under the hand of the sheriff, or his deputy. Providéd (s. 7.) that if such judge shall see cause to respite

the execution, he may relax or release any or all of the Frouiso.

said regulations to be observed by the gaoler, &c. by
any license in writing signed by such judge, during

of execution. By s. 8. after sentence passed as

aforesaid, and until the execution thereof, suc'i offender Conviel hoxe sed shall be fed with bread and water only, (except in case

of receiving the sacrament, or of any violent sickness or wound, in which case some known physician, surgeon, or apothecary, may be admitted by the gaoler, &c. to administer necessaries; the christian and surname of

such physician, &c. and his place of abode, being first Duty of gaoler entered in the books of such prison): And in case enforced.

such gaoler, &c. shall offend against or neglect to put in execution any of the directions hereby enacted, he sball forfeit bis office, and be fined in the sum of £20. and suffer imprisonment until the same be paid. By s. 9. if any person shall by force set at liberty, or rescue

os attempt to rescue or set at liberty, any person out of To rescue pris soner from con- prison, who shall be committed for or found guilty of ention, felony,

murder, or rescue or attempt to rescue any person convicted of murder going to execution, or during execution, such offender shall be guilty of felony without benefit of clergy. And by s. 10. if any person shall,

after such execution had, by force rescue, or attempt Rescuing the borly from sur

to rescue the body of such offender out of the custody grons, &c. felo- of the sheriff or bis officers, (during the conveyance of , trunsporta.

such body to any of the places hereby directed,) or from the company of surgeons, or their officers or servants, or from the house of any surgeon where the same shall have been deposited in pursuance of this act; he shall be guilty of felony, and liable to be transported for 7 years; and shall be subject to the like punishment, and methods of conviction, in case of returning into or

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3. 10.


31 Geo. 3.c.31.

s. 11.

31 Geo. 3.c.17.


38 Geo. 3.c.57.

being found at large within [*Great Britain) within said *“ Ireland" in 7 years, as other felons are in case of returning from Ir. transportation. [By s. 11. nothing herein shall repeal or alter so much of the li Geo. 1. 6. 26. a's relates to the

Proviso. execution of persons convicted of capital offences in Scotland, for the respective times in said act mentioned.] The 31 Geo. 3. c. 17. Ir. has followed these several clauses of the 25 Geo. 2. c. 37. Ir. (except the last) with Ir. such deviations only as are noted in the margin.

IV. By the 36 Geo. 3. c. 27. Ir. all persons who § 4. shall be convicted of conspiring, confederating, and Conspiracy to

murder, a capie agreeing to murder any person, shall be adjudged tal felony. felons, and suffer death without benefit of clergy. And 36 Geo. 3.c.27. this act is amended by the 38 Geo. 3. c. 57. Ir. which further enacts, that any person who shall propose to, Ir. solicit, encourage, persuade, or endeavour to encourage Encountering to


&. or persuade any person to murder any person, shall be commit murder,

a capital felony. guilty of felony without benefit of clergy. To which statutes there are none corresponding in England. V. The several species of the crime of petit treason,

§ 5. as enumerated in the 25 Edw. 3. st. 5. c. 2. E. & I. Species of petit are when a servant slayeth his master, or a wife' her 25 Edw. 3. st.5. brusband, or when a man secular or religious slayeth his c. 2. E. & I. prelate, to whom he oweth faith and obedience. The benefit of clergy was first taken away from such offenders, by the 12 Hen. 7. c. 7. Engwhich 'epacts, that if any 12 Hen. 7. c.7.

Eng. lay person prepensedly murder his lord, master, or

Petil treasona sovereign immediate, he shall not be admitted to his capilal felony. clergy. "And by the 23 Hen. 8. c. 1. s. 3. Eng. no 23 Hen. 8. c. 1. person found guilty of petit treason, or of any abetment, procurement, helping, maintaining, or counselling to such petit treason, shall be admitted to the benefit of his clergy. And by the 4 & 5 Ph. & M. c. 4. Eng. any 4 & 5 Pb. & M. person who shall maliciously command, hire, or counsel C. 4. Eng. any person to commit any petty treason, shall not have nied benefit of the benefit of his clergy. It has been already stated clergy.

. that murder, of malice prepensed, was high treason in Ireland prior to the 31 Geo. 3. c. 17. Ir. which repealed the 10 Hen. 7. c. 21. Ir. And it is to be observed that the 25 Geo. 2. c. 27. Eng. and 31 Geo. 3. c. 17. Ir. do


s. 3, eng.

Accessaries de:

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not prescribe any distinct mode of punishment for this aggravated species of murder, which is denominated petit treason. The 30 Geo. 3. C. 48. Eng. and 36 Geo. 3. c. 31. Ir. which alter the mode of punishment of women in cases of high and petit treason, will be stated in ano

ther place.


Of Offences against the Persons of Individuals.


E. & .

37 Hen. 8. c. 6. Fng.

§ 1.

The first statute which altered the punishment, at Certain acts of common law, for the offence of mayhem, is the 5 Hen. 4. maiming, selo

c. 5. E. & I. which recites that many offenders do daily 5 Hen. 4. c. 5. beat, wound, imprison, and maim divers of the king's

liege people, and after, purposely, cut their tongues, or put out their eyes; and enacts, that offenders that so cut tongues, or put out eyes, and that duly proved and found that such deed was done of malice prepensed, shall incur the pain of felony. And by the 37 Hen. 8.

. c. 6. Eng. if any person maliciously, willingly, or unCutting off an

lawfully cut, or cause to be cut off, the ear of any ear how pun- subject, otherwise than by authority of law, chance

medley, sudden affray or adventure, he shall not only forfeit treble damages to the party grieved, to be re

covered by action of trespass, but shall forfeit to the 22% 23 Car. 1 king £10. as a fine. But the 22 & 23 Cav. 2. c. 1. Eng. c. 1. 6. 7. Eng. further enacts, (s. 7.) that if any person on purpose,

and maiming by ly. of malice forethought, and by lying in wait, shall un

a capital felony. lawfully cut out or disable the tongue, put out an eye,

[*slit] the nose, cut off a nose or lip, or cut off or disable *“ split” in 11 Geo.2. c.8. any limb or member of any subject, with intention in so doing to maim or disfigure him in any the manners

before-mentioned ;


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8. 3.


c. 45. Ir.

with intention to

before-mentioned ; such offender, his counsellors, ajders, and abettors, knowing of and privy to the offence as aforesaid, shall be declared felons, and suffer death without benefit of clergy. Provided (s. 8.) that no attainder of such felony shall corrupt the blood, or work

Bloodl noi cora forfeiture of dower, or of the lands or goods of the rupled, &c. offender. The 11 Geo. 2. c. 8. Ir, has followed the 11 Geo. 2. c. 8. 22 & 23 Car. 2. in the above clauses; but further enacts Ir. (s. 3.) that no person shall carry about with him any skain, durk, stick loaded with lead, or other secret offensive of tine like kind; and it shall be lawful for any carrying secret

Punishment for weapon person to seize such arms; and such offender shall be offensive ula. fined a sum not exceeding £5. and suffer such imprisonment as to the judge who shall try the same shall seem reasonable, not exceeding 12 calendar months. And the 13 & 14 Geo. 3. c. 45. Ir. further enacts, that if any 13 & 14 Geo.3. person, on purpose and of malice forethought, and by lying in wait or watching, or waiting for the opportunity, Muiming by with

any knife or other sbarp weapon, shall cut or stab lying in want any person in the face, or in any limb or member, or in murder, rob,

&c. a capital any part of the body, with intent in so doing to murder, Selony. rob, or maim, or with an intent to disable or disfigure him, such person so cuiting, &c. his counsellors, aiders, and abettors, knowing of and privy to the offence, shall be guilty of felony without benefit of clergy. Provided (s. 2.) that no attainder of such felony shall corrupt the blood, or forfeit the dower of the wise, or the lands,

rupted, 8c goods, or chattels of the offender. The 43 Geo. 3. , c. 58. E. & I. further enacts, that if any person (wilfully, 5: 1. E. & I. maliciously, and unlawfully shoot at any of his majesty's subjects, or wilfully, maliciously, and unlawfully, pre- shouting at any

Maliciously sent, point, or level any kind of loaded fire-arms at


tempting il, a of his majesty's subjects, and attempt by drawing a capital felony. trigger, or in any other manner, to discharge the same at or against his person;} or shall wilfully, maliciously, and unlawfully stab or cut any of his majesty's subjects, Stabbing or cute with intent in so doing, or by means thereof, to murder, king with intent

to murder, rob, or rob, or to maim, disfigure, or disable such subject, 8c. a capital or with intent to do some other grievous bodily harm to Felony. such subject, or with intent to obstruct, resist, or pre


3. 2.

Blood not cor

43 Geo, 3. c.58. , s.

person, or als

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