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A Compendium and Digest of the Laws of Massachusetts
Massachusetts,William Charles White
Vista completa - 1810
action aforesaid appointed attorney-general barratry cause certificate charges chattels choses in action claim commissioners committed common law commonwealth complaint contract coroner costs counterfeit court of sessions coverture creditor crime damages death debtor debts defendant detainer discharge duty exceeding execution executor or administrator felony forfeit and pay forged further enacted gaming gaol guardian habeas corpus hands and seals hath hawkers highway homicide house of correction husband Ibid impounding imprisonment indictment infant innholder inquest insolvent insured joint-tenants judge of probate judgment jury justices kills lands liable licensed manner manslaughter murder necessary neglect oath offence officer owner party peace Penalty person or persons plantations possession pounds prisoner private-ways proprietors prosecute punishment recover retailer scire facias selectmen shillings Stat statute has further sufficient supreme judicial court swine tenant tenants in common therein tion TITLE town or district underwriter unlawful unless victualler warrant wife writ
Página 789 - Parkman, in the manner and by the means aforesaid, to them the said jurors unknown, then and there, feloniously, wilfully, and of his malice aforethought, did kill and murder...
Página 683 - In order also to make the killing murder, it is requisite that the party die within a year and a day after the stroke received, or cause of death administered ; in the computation of which the whole day upon which the hurt was done shall be reckoned the first. Further, the person killed must be "a reasonable creature in being, and under the king's peace,
Página 684 - Express malice is when one, with a sedate deliberate mind and formed design, doth kill another: which formed design is evidenced by external circumstances discovering that inward intention ; as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm...
Página 726 - Third, the capacity of doing ill, or contracting guilt, is not so much measured by years and days as by the strength of the delinquent's understanding and judgment. For one lad of eleven years old may have as much cunning as another of fourteen; and in these cases our maxim is that 'malitia supplet aetatem.
Página 614 - ... all creeks, coves, and other places about and upon salt water, where the sea ebbs and flows, the proprietor, of the land adjoining, shall have propriety to the low water mark, where the sea doth not ebb above a hundred rods, and not more wheresoever it ebbs further: Provided, that such proprietor shall not by this liberty have power to stop or hinder the passage of boats or other vessels, in or through any sea, creeks or coves, to other men's houses or lands.
Página 622 - ... to make a man's own act appear to have been done at a time when it was not done, and, by force of such a falsity, to give it an operation which, in truth and justice, it ought not to have.
Página 686 - ... we may take it for a general rule that all homicide is malicious, and of course amounts to murder, unless where justified by the command or permission of the law; excused on the account of accident or self-preservation ; or alleviated into manslaughter...
Página 684 - ... a sudden provocation one beats another in a cruel and unusual manner, so that he dies, though he did not intend his death, yet he is guilty of murder by express malice; that is, by an express evil design, the genuine sense of malitia. As when a park-keeper tied a boy, that was stealing wood, to a horse's tail, and dragged him along the park ; when a master corrected his servant with an iron bar ; and a schoolmaster stamped on his scholar's belly...
Página 621 - ... the buying of corn, or other dead victual, in any market, and selling it again in the same market, or within four miles of the place.