Page:Willich, A. F. M. - The Domestic Encyclopædia (Vol. 3, 1802).djvu/177

Rh be sufficient time for the heat of passion to subside, or for reason to interpose, and the offended person take away the life of the offender, such act is deliberate , and is accordingly punished as murder.

Involuntary manslaughter differs from excusable homicide in this respect, namely, that the latter always happens in consequence of a lawful act, but not so the former. Thus, if a person perform a lawful act in an improper or illegal manner, and without sufficient caution; for instance, when a builder or workman throws down a piece of stone or timber into the street, which kills a person, such act shall be construed either manslaughter, or murder, according to the particular circumstances under which it was committed. Hence, if the accident happen in a village where few persons pass, and the workman had given previous notice, it is simply a misadventure; if in London, or any other populous city, where numberless persons are passing and re-passing, and due warning had been published, it is manslaughter; but, if no notice whatever had been given, and such workman knew of people going and returning, it is then murder; because it is a proof of malice against all mankind.

The crime of manslaughter is felony within the, and the punishment inflicted is, burning in the hand, and forfeiture of all the offender's property. There is, however, one species, which is deservedly punished as murder, being deprived of the benefit of clergy by statute; namely, the stabbing of a person mortally, even though the deed be perpetrated upon sudden provocation: but an exception is made by the 1. I. c. 8, in favour of self-defence, without intent to commit manslaughter. See also.  MANUFACTURE, signifies a commodity, or piece of workmanship, produced from raw materials, whether by hand, or by the aid of machinery.

The extensive utility of manufactures to a commercial nation, is generally acknowledged; and it is a circumstance worthy of remark, that the greatest improvements have, in general, proceeded from persons of no liberal education.

Manufactures, it is true, furnish employ for numerous families, but at the same time they greatly contribute to that depravity of manners for which the labouring classes are, at present, but too conspicuous. Indeed, it is a melancholy fact, that so long as agriculture is but partially attended to, and in a manner neglected, for the more speedy acquisition of wealth, the progress of luxury necessarily tends to change the most virtuous habits, and to vitiate the morals of a mercantile nation.

By the 23 II. c. 13, it is enacted, that if any person export the tools or utensils used either in the silk, linen, or woollen manufactures, he incurs a forfeiture, and the sum of 200l.; and, if the captain of the ship be acquainted with such illegal proceeding, he is liable to pay a fine of 100l.—The forfeiture of the articles, and of 200l. is farther imposed on all persons collecting them for the purpose of exportation; and, if any captain of a King's ship, or officer of the customs, knowingly suffer such exportation, both (by the 21 III. c. 37), incur a penalty of 200l. lose their employment, and are for ever incapacitated from holding