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CHAP, XI.

Of Homicide.

24 Hen. 8. c. 5.

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 attempting to this book. And the 24 Hen. 8. c. 5. Eng. declares or &c. justifiable. enacts, that if any person be indicted or appealed for the

Eng. 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 tbe night time,) and the same by verdict be found, he shall not forfeit any lands, tenements, goods, or chattels, for the death of such person so slain, but shall 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 of taking. And every man that kills or takes such thieves, shall have one penny of every plough, and one farthing ling or laking

Reward for kil. of every cottage within the barony where the manslaugh

thieves. ter is done, for every thief. And the town where the said

manslaughter

.1r.
28 Hen. 6. c. 3.

VOL. II.

3 N

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

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