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Excerpt from The Justice of the Peace, and Parish Officer, Vol. 3 I I s. Nomtttbt. -5 s 5: Homicide by mifadventure is, where a man is doing a law What is born}: ful aft, without intent of hurt to another, and death cafually ens fues. Hale's P1. J 3. As where a labourer being at work with a hatchet, the head Cafes of homla ies off, and kills one who hands by. T Haw. 73. Dc by mlm' 1' Or where a third perfon whips a horfe, on which a man is mum riding, whereupon he fprings out, and runs over a child, and kill: him; 'ih which cafe the rider is guilty of homicide by mifadventure, and he who gave the blow of man aughter. I Home, 73. 5. But if a peifou, riding in the ltreet, whip his horfe to put him into fpeed, and run over a child and kill him, it is homicide and not by mifadventure; and if he ride fo, in a prefs of people, with intent to do hurt, and the horfe killeth another, it is murder in the rider. 1 H. H. 476. 6. If a perion drives his cart carelefsly, and it runs over a child in the fireet, if he have feen the child, and yet drives on upon him, it is murder'; but if he faw' not the child, yet it is man aughter; but if the child had run crofs the way, and the cart ran over the child before it was pollible for the carter to make a flop, it is by mifadventure. T H. H. 7. It is faid before, that this homicide is only when it hapa peneth upon a man's doing a lawful act for if the aft be unlaw-s ful, it is murder. As if a perfon, meaning to {teal a deer, in another man's park, fhooteth at the deer, and by the glance of the arrow killeth a boy, that is hidden in a buih; this is murder, fot' that the a& was unlawful, altho' he had no intent to hurt the boy, nor knew of him. But if the owner of the park'bad {hot at his own deer, and without any ill intent had killed, the boy by the glance of his arrow, this had been homicide by mifadventure, and no felony. 3 56. 8. So. If one {hoot at any wild fowl upon a tree, andthe arrow killeth any reafonable creature afar off, without any evil intent in him, this is by mifadventure for it was not unlawful to fhooc at the wild fowl: But if he had fhot at a cock or a hen; or any tame fowl of another man's, and the arrow by mifchance had killed a man, this had been murder; for the ael was unlawful. 3 In/t. 9. Alfo, if there be an evil intent, ' it is murder Thus, if a man, knowing that many people are in the firect, throw a {tone over a wall, intending only to fright them, or to give'them a little hurt, and thereupon one is killed, this is murder; for he had an ill intent, tho' that intent extended not to death, and tho' he knew not the party ain. 3 In . 57. C to. And it is a general rule, in cafe of all felonies, that Where: ever a man intending to commit one felony, happens to commit another, he is as much guilty as if he had intended the felony which he actually commits. I Haw. I I]. But in the cafes above, if. It doth Only hurt a man, by fuch an accident, it is neverthelefs a trefpafs; and the perfon hurt tall recover his damages: for tho' the chance excufe from felony, yet it excufeth n0t from trefpafs. _t H. H. 472. A 12. If a, perfon efcape that hath killed another by mifadven: Efcaptz. Ture, the town fhall be amerced. 2 149. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."