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CHAP. XI.

Of Homicide.

allemp ing to

murder, rob, or

The last division of public wrongs is into sych crimes
and misdemeanors as more peculiarly affect and injure
individuals or private subjects, whether in their persons,
their habitations, or their property.
To the head of justifiable homicide, may be referred

§ 1. the clauses of several statutes which have been already Killing persons stated in the preceding pages (617.9. 630. 823. 8.) of this book. And the 24 Hen. 8. c. 5. Eng. declares

&c. justifiable. enacts, that if any person be indicted or appealed for the Hen. 8. c.5. death of any evil disposed person attempting feloniously to murder or rob any person in or nigh any common bighway, cart-way, horse-way, or foot-way, or in his mansion, messuage, or dwelling-place, or feloniously or Burglarily to break any dwelling-house or mansion-house (*in the night time,) and the same by verdict be found, he shall not forfeit any lánds, tenements, goods, or chattels, for the death of such person so slain, but sball be thereof fully acquitted, as if lawfully acquitted of the death of such person. The 15 Car. 1. c. 9. Ir, is the 15 Car. 1. c. 9. corresponding statute in Ireland. And the 28 Hen. 6. c. 3. Ir. also enacts, that it shall be lawful for every Ir. liege man of the king, to kill all notorious thieves, and thieves found robbing and spoiling, or breaking houses, by night or by day, and thieves found with the manner, and to take them without impeachment by the king, his justices, officers, or ministers, for such manslaughter op taking. And every man that kills or takes such thieves, shall have one penny of every plough, and one farthing ling or taking

Retrard for kila of every cottage within the barony where the manslaugh- thieves. ter is done, for every thief. And the town where the said

3N

manslaughter

Ir.

28 Hen. 6. c. 3.

VOL. II.

The preamble to the 15 Car. 1. c. 9. Ir. adds, “ or in the day time.”

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