New Commentaries

ON THE

LAWS OF ENGLAND

(PARTLY FOUNDED ON BLACKSTONE)

BY JAMES STEPHEN, Esq., LL.D.,

JUDGE OF COUNTY COURTS.

" For hoping well to deliver myself from mistaking, by the order and perspicuous ecpressing
“of that I do propound, I am otherwise zealous and affectionate to receie as little from
"antiquity, either in terms or opinions, as may stand with truth, and the proficience of know-
“ledge.” Lord Bac. Adv. of Learning.

LONDON:
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Law Publishers to the Queen's most excellent Majesty.

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4

Of the Distinction between Crimes and Civil Injuries

Of Misdemeanors and Felonies

Of the Right to inflict Punishment

Of the Object of Punishment

Of the Measure of Punishment

7

11

13

14

CHAP. II.

OF THE PERSONS CAPABLE OF COMMITTING CRIMES.

Of Persons who are not capable of committing Crimes

Of Infancy

Of Idiocy or Lunacy

Of Drunkenness

Of Misfortune or Chance ..

Of Ignorance or Mistake

Of Compulsion and Necessity

Of the Incapacity of the Sovereign to commit Crime

21

23

25

29

30

ibid.

31

36

CHAP. III.

OF PRINCIPALS AND ACCESSORIES.

Of a Principal in the First Degree

Of a Principal in the Second Degree

Of Accessories

Of Accessories before the Fact

Of Accessories after the fact

Of the Punishment of Accessories

CHAP. IV.

OF OFFENCES AGAINST THE PERSON AND REPUTATION.

Of Homicide

Of Justifiable Homicide.

Of Excusable Homicide

Of Felonious Homicide

Of Self-Murder

Of Manslaughter ..

Of Murder

Of Attempts to Murder

Of Conspiracy to Murder

Of Acts causing Danger to Life or Bodily Harm

Of Procuring Miscarriage

Of Concealment of Birth ..

Of Abduction of Females

Of Rape

Of Defilement or Abuse of Children

Of Kidnapping and Child Stealing

Of Abandoning Children

Of Endangering Railway Passengers

Of Setting Spring Guns, or destructive Engines ..

Of Assaults, Batteries and False Imprisonment

Of Bigamy

Of Publication of a Libel

PAGE

47

48

52

59

ibid.

63

66

79

80

ibid.

84

ibid.

85

87

92

93

94

95

96

ibid.

98

101

CHAP. V.

OF OFFENCES AGAINST RIGHTS OF PROPERTY OR ARISING OUT OF CONTRACT.

Of Arson

Of Burglary

Of Sacrilege and Housebreaking

Of Larceny ..

Of Larceny in a Dwelling-house

Of Larceny in Ships, Wharfs, &c.

Of Larceny from the Person ..

Of Assault with intent to Rob

Of Extorting Money by Threats, Accusations, &c.

Of Larceny or Embezzlement by Clerks, Servants, &c.

Of Larceny in relation to the Post Office

Of Receiving Stolen Property

Of Malicious Mischief

Of Forgery ..

Of Obtaining Money by False Personation

105

110

117

118

129

130

131

134

ibid.

136

142

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