and proceedings are in English; and that all and every error and mistake whatsoever, which would or might be amended and remedied by any Statute of Jeofails, if the proceedings had been in Latin, all such errors and mistakes of the same and like nature, when the forms are in English, shall be deemed and are hereby declared to be amended and remedied by the Statutes now in force for the amendment of any Jeofails; and this clause shall be taken and construed in all Courts of Justice in the most ample and beneficial manner for the ease and benefit of the parties, and to prevent frivolous and vexation delays. s. 4.

Inclosures.

Persons throwing down any Inclosure in the Night-time are, by 22, 23 Car. 2. c. 7. s. 5. made liable to an action of trespass or upon the case for treble damages to the party injured.

inclosed under

any Act of Par

liament;

For the more effectually preventing the destroying Fences Persons damaging made or to be made for inclosing Lands by virtue of Acts of fences of lands Parliament, be it enacted, that if any person or persons shall at any time after 1st July 1769 wilfully or maliciously set fire to, burn, demolish, pull down, or otherwise destroy or damage any Fence or Fences that are or shall be erected, set up, provided, or made, for dividing or inclosing any Common, Waste, or other Lands or Grounds, in pursuance of any Act or Acts of Parliament, every such person being lawfully convicted of any or either of the said several offences, or of causing or procuring the same to be done, shall be adjudged guilty of felony, and shall be subject to the like pains and penalties as in cases of Felony; and the Court by or before whom such person shall be tried, shall have power and authority to transport such felon for the term of Seven Years, in like manner as other felons are directed to be transported by the Laws and Statutes of this Realm. 9 G. 3. c. 29. s. 3.

shall be guilty of felony.

By s. 4. no person or persons shall be prosecuted by virtue of Limitation of this Act, for any offence or offences committed contrary to the prosecution. same, unless such prosecution be commenced within eighteen months after the offence committed.

By Statute 16 G. 3. c. 30. s. 8. if any person or persons shall at any time wilfully pull down or destroy, or cause to be wilfully pulled down or destroyed, the Pale or Pales, or any part of the Walls of any Forest, Chace, Purlieu, Ancient Walk, Park, Paddock, Wood, or other Ground where any red or fallow deer

£30 penalty on persons pulling,

c. pales of any forest or park.

3 Inst. 41. 204. The words Juris

dictions, &c. shall in Indictments.

not be inserted

Indictments shall be good without the words, vi et

armis, &c.

Two shillings only shall be

dictment for

shall be then kept, without the consent of the owner or person chiefly intrusted with the custody thereof, or being otherwise duly authorized, every person so offending shall be subject unto the forfeiture and penalty. hereby inflicted for the first offence of killing of any Deer. (1)

Indictment.

(And see title English Language.)

The words and terms Insidiatores viarum & Depopulatores agrorum shall not be from henceforth used or put in Indictments, Arraignments, Appeals, or other Impeachments; If clerks are indicted, &c. and the Indictment, &c. contains the effect of those words, yet they shall enjoy their privilege. 4 H. 4. c. 2.

Be it enacted, that these words Vi et armis, viz. cum baculis, cultellis, arcubus et sagittis, or such other like, shall not, of necessity, be put or comprised in any Indictment or Inquisition, nor that the party being hereafter indicted of any offence, shall have any advantage by writ of error, plea, or otherwise, to adnul or avoid any such Inquisition or Indictment for that the said words, or any of the same or like words, shall not be comprised in the said Inquisitions or Indictments, but that the same, lacking the same words or any of them, shall be adjudged to all intents as effectual in the Law as the same Inquisitions and Indictments having such words were or heretofore have been adjudged. 37 H. 8. c. 8. s. 2.

No Clerk of Assise, Clerk of the Peace, or other Person whattaken for an In- soever, shall demand or receive more than two shillings for the drawing any Bill of Indictment against any Felon, upon the pain of forfeiting to the Person aggrieved, for every such offence, the sum of Five Pounds with full Costs of Suit. 10, 11 W.3. c. 23. s. 7.

Felony.

Clerks drawing defective Indict

fee.

And whereas it often happens that Clerks of Assise, Clerks of ments shall draw the Crown, Clerks of the Peace, Clerks of the Indictments, new Bills without or other proper Officers, their Clerks or Deputies, do draw Bills defective; be it enacted, that if any Clerk of Assise, Clerk of the Crown, Clerk of the Peace, Clerk of the Indictments, or other proper Officer, or their Clerks or Deputies, shall draw any Bill defective, they shall draw new Bills, without demanding

(1) 30. See s. 1. of the Act, under title GAME.

any Fee or Reward whatsoever, or forfeit the sum of Five Pounds, with full Costs of Suit; and that all the Forfeitures aforesaid shall be recovered by him, her, or them that will sue for the same by action of debt, &c. in any Court of Record. 10, 11 W. 3. c. 23. s. 8.

Inquisitions.

Nothing from henceforth shall be given for a Writ of Inqui- Nothing shall be sition, nor taken of him that prayeth Inquisition of Life, or of paid for InquisiMember, but it shall be granted freely and not denied. 9 H. 3.

c. 26.

Insane Offenders.

tions.

sane, to declare

acquitted by

the Court shall

The Statute 39, 40 G. 3. c. 94. "for the safe Custody of Insane Persons charged with Offences," recites that "Persons charged with High Treason, Murder, or Felony, may have been or may be of unsound mind at the time of committing the offence wherewith they may have been or shall be charged, and by reason of such Insanity may have been or may be found not guilty of such Offence, and it may be dangerous to permit Persons so acquitted to go at large;" and enacts, that in The Jury, in case of any perall cases where it shall be given in evidence upon the trial of son charged with any Person charged with Treason, Murder, or Felony, that Treason, &c. such Person was Insane at the time of the commission of such proving to be inoffence, and such Person shall be acquitted, the Jury shall whether he was be required to find specially whether such Person was insane at them on account the time of the commission of such offence, and to declare whe- of Insanity, and ther such Person was acquitted by them on account of such In- order him to be kept in custody sanity; and if they shall find that such Person was insane at the till his Majesty's time of the committing such Offence, the Court before whom pleasure be such Trial shall be had, shall order such Person to be kept in strict Custody, in such place and in such manner as to the Court 56 G. 3. c. 127. shall seem fit, until his Majesty's Pleasure shall be known; and post, p. 380. it shall thereupon be lawful for his Majesty to give such order for the safe custody of such Person, during his Pleasure, in such place and in such manner as to his Majesty shall seem fit; and in all cases where any Person, before the passing of this Act, has been acquitted of any such offences on the ground of Insanity at the time of the commission thereof, and has been detained in custody as a dangerous Person by order of the Court before whom such Person has been tried, and still remains in custody, it shall be lawful for his Majesty to give the like order for the

B B

known, &c.

See Statute

Persons indicted for any offence,

and upon arraign ment found to be

insane, or if upon trial they shall

be so found,

&c.

safe custody of such Person, during his Pleasure, as his Majesty is herebly enabled to give in the cases of Persons who shall hereafter be acquitted on the ground of Insanity. See s. 27 of Statute 48 G. 3. c. 96. post, p. 377.

If any Person indicted for any offence shall be insane, and shall upon Arraignment be found so to be by a Jury lawfully impannelled for that Purpose, so that such Person cannot be tried upon such Indictment, or if upon the Trial of any Person so indicted such Person shall appear to the Jury charged with such Indictment to be insane, it shall be lawful for the Court before till his Majesty's whom any such Person shall be brought to be arraigned or tried as aforesaid, to direct such Finding to be recorded, and thereSee Stat. 56 G. 3. upon to order such Person to be kept in strict custody until his

the Court shall

order them to be

kept in custody

pleasure be

known.

c. 127. post,

P. 380.

Persons commit

ted by any Jus

tice on account

of being danger

ous and insane, shall not be

bailed except by two Justices, &c.

Majesty's Pleasure shall be known; and if any Person charged with any offence shall be brought before any Court to be discharged for want of Prosecution, and such Person shall appear to be insane, it shall be lawful for such Court to order a Jury to be impannelled to try the Sanity of such Person; and if the Jury so impannelled shall find such Person to be insane, it shall be lawful for such Court to order such Person to be kept in strict custody, in such place and in such manner as to such Court shall seem fit, until his Majesty's Pleasure shall be known; and in all cases of Insanity so found, it shall be lawful for his Majesty to give such order for the safe custody of such Person so found to be insane, during his Pleasure, in such Place and in such manner as to his Majesty shall seem fit. s. 2. See s. 27 of statute 48 G. 3. c. 96. post, p. 377.

And for the better Prevention of Crimes being committed by Persons Insane, be it further enacted, that if any Person shall be discovered and apprehended under Circumstances that denote a Derangement of Mind, and a Purpose of committing some Crime, for which, if committed, such Person would be liable to be indicted, and any of his Majesty's Justices of the Peace before whom such Person may be brought shall think fit to issue a Warrant for committing him or her as a dangerous Person suspected to be insane, such Cause of Commitment being plainly expressed in the Warrant, the Person so committed shall not be bailed except by Two Justices of the Peace, one whereof shall be the Justice who has issued such Warrant, or by the Court of General Quarter Sessions, or by one of the Judges of his Majesty's Courts in Westminster Hall or by the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal. 39, 40 G. 3. c. 94. s. 3、

cil or one of the

endeavouring to

gain admittance

to his Majesty, to tody till the Insanity of such quired into in the manner herein

be kept in cus

persons be en

directed, &c.

And whereas Insane Persons have at different times endea- The Privy Coun voured to gain Admittance to his Majesty's Presence, by intru- Secretaries of sion on his Majesty's Palaces and Places of Residence and State may cause persons appearing otherwise, and his Majesty's Person may be endangered by to be insane, and reason of the Insanity of such persons: Be it therefore enacted, that if any person who shall appear to be insane shall endea vour to gain Admittance to his Majesty's Presence, by intru sion on any of his Majesty's Palaces or Places of Residence, or otherwise, so that there may be reason to apprehend that his Majesty's Person may be endangered, it shall be lawful for his Majesty's Privy Council, or one of his Majesty's Principal Secretaries of State, to cause such person to be brought before them or him; and if upon Examination it shall appear that there is reason to apprehend such person to be insane, and that the Person of his Majesty may be endangered by reason of the Insanity of such person, it shall be lawful for his Majesty's Privy Council, or one of his Majesty's Principal Secretaries of State, to order such person to be kept in safe Custody in such place and in such manner as according to circumstances shall be ascertained; and for such purpose it shall be lawful for the Lord Chancellor, Lord Keeper, or Lords Commissioners for the Custody of the Great Seal of Great Britain, to award a Commission under the said Great Seal, directed to certain Commissioners to be therein named, to inquire into the Sanity of such Person, and whether the Person of his Majesty may be endangered by reason of the Insanity of such Person, and for such Purpose to direct the Sheriff of the County where such Person shall be to summon a Jury to try the Sanity of such person, and whether his Majesty's Person may be endangered by reason of the Insanity of such person, in the same manner as Juries are summoned to try the Sanity of persons on a Commission in the nature of a Writ De Lunatico Inquirendo; and if upon the Inquisition so taken it shall be found that such person is so far insane that the Person of his Majesty may be endangered by reason of the Insanity of such person, it shall be lawful for the Lord Chancellor, Lord Keeper, or Lords Commissioners for the Custody of the Great Seal for the time being, to take order for the safe custody of such person, so long as there shall be reason to apprehend that the Person of his Majesty may be endangered by reason of the Insanity of such person; and if it shall afterwards appear that such person shall have recovered the use of his or her Reason, so that there shall be no longer any reason to apprehend any Danger to his Majesty's Person from the In