be anatomized. Day of Easter Term 1752, all persons who shall be found guilty of wilful Murder, be executed according to Law on the Day next but one after Sentence passed, unless the same shall happen to be the Lord's Day, commonly called Sunday, and in that case on the Monday following. 25 G. 2. c. 37. s. 1. And be it further enacted, that the Body of such Murderer and their bodies so convicted shall, if such Conviction and Execution shall be in the County of Middlesex, or within the City of London or the Liberties thereof, be immediately conveyed by the Sheriff or Sheriffs, his or their Deputy or Deputies, and his or their Officers, to the Hall of the Surgeons Company, or such other Place as the said Company shall appoint for this purpose, and be delivered to such person as the said Company shall depute or appoint, who shall give to the Sheriff or Sheriffs, his or their Deputy or Deputies, a Receipt for the same; and the Body so delivered to the said Company of Surgeons shall be dissected and anatomized by the said Surgeons, or such person as they shall appoint for that purpose; and in case such Conviction and Execution shall happen to be in any other County or other Place in Great Britain, then the Judge or Justice of Assize or other proper Judge, shall award the Sentence to be put in Execution the next Day but one after such Conviction (except as is before excepted), and the Body of such Murderer shall in like manner be delivered by the Sheriff or his Deputy and his Officers to such Surgeon, as such Judge or Justice shall direct, for the purpose aforesaid. s. 2. And be it further enacted, that Sentence shall be pronounced Sentence shall be in open Court immediately after the Conviction of such Mur- pronounced immediately. derer, and before the Court shall proceed to any other business, unless the Court shall see reasonable cause for postponing the same in which Sentence shall be expressed not only the usual What that senJudgment of Death, but also the time appointed hereby for tence shall conthe Execution thereof, and the marks of Infamy hereby directed for such Offenders, in order to impress a just horror in the mind of the Offender, and on the minds of such as shall be present, of the heinous Crime of Murder. s. 3. tain. cause, may stay Provided always, that after such Sentence pronounced as The Judge, for aforesaid, in case there shall appear reasonable cause, it shall reasonable and may be lawful to and for such Judge or Justice before whom the Execution; such Criminal shall have been so tried, to stay the Execution of the Sentence at the discretion of such Judge or Justice, regard being always had to the true intent and purpose of this Act. S. 4. and direct the body to be hung in Chains, in lieu of being anatomized. Provided also, that it shall be in the Power of any such Judge or Justice to appoint the Body of any such Criminal to be hung in Chains; but that in no case whatsoever the Body of any Murderer shall be suffered to be buried, unless after such Body shall have been dissected and anatomized as aforeThe body shali said; and every such Judge or Justice shall and is hereby required to direct the same either to be disposed of as aforesaid to be anatomized, or to be hung in Chains, in the same manner as is now practised for the most atrocious Offences. s. 5.. not be buried. And be it further enacted, that from and after such Conviction and Judgement given thereupon, the Gaoler or Keeper to whom such Criminal shall be delivered for safe Custody, shall confine such Prisoner to some Cell or other proper and safe place within the Prison, separate and apart from the other Prisoners; and that no person or persons whatsoever, except the Gaoler or Keeper or his Servants, shall have access to any such Prisoner, without Licence being first obtained for that purpose, under the Hand of such Judge or Justice before whom such Offender shall have been tried, or under the Hand of the Sheriff, his Deputy or Under Sheriff. s. 6. Provided always, that in any case any such Judge or Justice shall see cause to respite the Execution of such Offender so condemned as aforesaid, such Judge or Justice may relax or release any or all of the Restraints or Regulations herein-before or herein-after directed to be observed by the Gaoler or Keeper of the Prison where such Prisoner shall be confined, by any Licence in Writing, signed by such Judge or Justice for that purpose, for and during the time of such stay of Execution, any thing herein-before contained to the contrary thereof notwithstanding. s. 7. After sentence passed as aforesaid, and until the execution thereof, such offender shall be fed with bread and water only, and with no other food or liquor whatsoever (except in case of receiving the Sacrament of the Lord's Supper, and except in case of any violent sickness or wound, in which case some known. Physician, Surgeon, or Apothecary may be admitted by the Gaoler or Keeper of the said Prison to administer necessaries; the christian and surname of such Physician, Surgeon, or Apothecary, and his place of abode, being first entered in the books of such Prison or Gaol, there to remain); and in case such Gaoler or Prison Keeper shall offend against or neglect to put in execution any of the directions or regulations hereby enacted to be observed, such Gaoler or Prison Keeper shall for such offence forfeit his office, and be fined in the sum of Twenty Pounds, and suffer imprisonment until the same be paid. s. 8. § 2. Persons rescuing, or attempting to rescue such Čon vict, shall be guilty of Felony, If any person or persons whatsoever shall by force set at liberty, or rescue or attempt to rescue or set at liberty, any person out of Prison, who shall be committed for or found guilty of Murder, or rescue or attempt to rescue any person convicted of Murder going to Execution or during Execution, without clergy. every person so offending shall be deemed, taken, and adjudged to be guilty of Felony, and shall suffer Death without Benefit of Clergy. s. 9. If § 3. Persons rescuing, rescue the Body or attempting to of such executed Convict, shall be guilty of Felony, and be transport any person or persons whatsoever shall, after such Execution had, by force rescue or attempt to rescue the body of such offender out of the custody of the Sheriff or his officers during the conveyance of such body to any of the places hereby directed, or shall by force rescue or attempt to rescue such body from the Company of Surgeons or their officers or servants, ed for seven or from the house of any Surgeon where the same shall have years; been deposited in pursuance of this Act, every person so offending shall be deemed and adjudged to be guilty of Felony, and shall be liable to be transported to some of his Majesty's Colonies or Plantations in America for the term of Seven Years, in like manner as is directed by the laws now in force relating to the Transportation of Felons, and shall be subject to the like and returning, punishment and methods of conviction in case of returning into shall suffer death. or being found at large within Great Britain within the said term of Seven Years, in all respects, as by law other Felons are subject to in case of unlawfully returning from Transportation, s. 10. alter 11 G. 1. c. 26. Nothing herein contained shall extend to repeal or alter so This act not to much of 11 G. 1. c. 26. as relates to the suspension of the Execution of persons convicted of capital offences within Scot land for the respective times in the said Act mentioned. s. 11. VII. Forfeiture in Homicide. The Statute 24 H. 8. c. 5. reciting that it had been in ques tion and ambiguity if any person did attempt feloniously to rob or murder any person in or nigh any common highway, &c. or in their mansions, &c. or that feloniously attempted to break any dwelling house in the night time, should happen in such their felonious intent, to be slain by the person so attempted to be robbed or 220. Bract. 144, b. 1 Anders. 41. Cro. Car. 544. 3 Inst. 56. 63. murdered, or by any person being in their dwelling house, so attempted to be burglariously broken, he should forfeit his goods and chattels as any other person should do that by chancemedley killed another in his defence, declares and enacts, that if any person hereafter be indicted or appealed of the Death of any such person attempting to murder, rob, or burglarily to break mansion-houses, that the person so indicted or appealed, and of the same by verdict so found and tried, shall not forfeit or lose any lands, tenements, goods, or chattels for the Death of any such person so slain, but shall be thereof fully acquitted and discharged, as if they were lawfully acquitted of the Death of such person. Persons maliciously cutting Hopbinds, declared guilty of Felony, without clergy. Provisions and powers of 9 G. I. c. 22. of offences com Hopbinds. If any person or persons, from and after 24th June 1733, shall, during the continuance of 9 G. 1. c. 22. (which is made perpetual by 31 G. 2. c. 42.) unlawfully and maliciously cut any Hopbinds growing on Poles in any Plantation of Hops, every person or persons so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as in cases of Felony, without Benefit of Clergy. 6 G. 2. c. 37. s. 6. Continued during the continuance of 9 G. 1. c. 22. by 10 G. 2. c. 32. s. 3. Made perpetual by 31 G. 2. c. 42. s. 4. All the Provisions made in the Act 9 G. 1. c. 22. for the more speedy and easy bringing the Offenders against the said extended to cases Act to Justice, and the persons who shall conceal, aid, abet, or mitted by cutting succour such Offenders, and for making satisfaction and amends Hopbinds. to all and every the person and persons, their executors and administrators, for the Damages they shall have sustained or suffered by any Offender or Offenders against the said Act, and for the encouragement of persons to apprehend and secure such Offender and Offenders, and for the better and more impartial Trial of any Indictment or Information which shall be found, commenced, or prosecuted for any of the Offences committed against the said Act, together with all restrictions, limitations, and mitigations by the said Act directed, shall, during the continuance of the said Act, extend to and be of force and effect in all cases of Offences committed by unlawfully and maliciously cutting any Hopbinds growing on Poles in any Plantation of Hops. 10 G. 2. c. 32. s. 4. Housebreaking (IMPLEMENTS). found in any in house, &c.; The Statute 23 G. 3. c. 88. intituled "An Act to extend Persons apprehended with Imthe Provisions of an Act [17 G. 2. c. 5.] to certain cases not plements for therein mentioned," reciting that "divers evil disposed persons Ho Housebreaking, or any offensive are frequently apprehended, having upon them Implements for wea; on, or being Housebreaking or offensive Weapons, or are found in or upon closed yard or Houses, Warehouses, Coach-houses, Stables, or Out-houses, area, or upon Areas of Houses, inclosed Yards or Gardens belonging to any dwelling House, with intent to commit Felonies; and although their evil purposes are thereby manifested, the power of his Majesty's Justices of the Peace to demand of them Sureties for their good behaviour hath not been of sufficient effect to prevent them from carrying their evil purposes into execution;" enacts, that if any person or persons shall, after 1st August 1783, be apprehended having upon him, her, or them, any Picklock Key, Crow, Jack, Bit, or other Implement, with an intent feloniously to break and enter into any Dwelling House, Warehouse, Coachhouse, Stable, or Out-house; or shall have upon him, her, or them, any Pistol, Hanger, Cutlass, Bludgeon, or other offensive Weapon, with intent feloniously to assault any person or persons; or shall be found in or upon any Dwelling House, Warehouse, Coach-house, Stable, or Out-house, or in any inclosed Yard or Garden, or Area belonging to any House, with an intent to steal any Goods or Chattels, every such person or shall be deemed persons shall be deemed a Rogue and Vagabond, within the bonds, under intent and meaning of the Statute 17 G. 2. c. 5. Hue and Cry. rogues and vaga 17 G. 2. c. 5. All persons shall follow the Hue and Cry. Forasmuch as the Peace of this Realm hath been evil observed heretofore, for lack of quick and fresh Suit making after Felons in due manner, and namely, because of Franchises, where Felons are received; it is provided, that all generally be ready and apparelled at the Commandments and Summons of Sheriffs, and at the Cry of the Country, to sue and arrest Felons, when any need is, as well within Franchise as without, and they that will not so do, and thereof be attainted, shall make a grievous fine to the King; and if default be found in the Lord Punishment of of the Franchise, the King shall take the same Franchise to ing. persons neglecthimself; and if default be in the Bailiff, he shall have One Year's Imprisonment, and after shall make a grievous Fine, and if he have not whereof, he shall have Imprisonment of Two |