manslaughter, are within the meaning of the statute; for from both of these cases the law excludes every idea of malice.’ The law continued on this footing until an act was passed in the 43rd of George III, which is commonly called Lord Ellenborough’s Act. This act did not repeal the Black Act, but greatly extended its operation, and among other enactments contains this:—‘That if any person or persons shall wilfully, maliciously, and unlawfully shoot at any of his Majesty’s subjects, or shall wilfully, maliciously, and unlawfully present, point, or level any kind of loaded fire-arms at any of his Majesty’s subjects, and attempt, by drawing a trigger or in any other manner, to discharge the same at or against his or their person or persons, or shall wilfully, maliciously, or unlawfully stab or cut any of his Majesty’s subjects, with intent in so doing, or by means thereof, to murder, or rob, or to maim, disfigure, or disable such his Majesty’s subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty’s subject or subjects, shall be guilty of felony, without benefit of clergy.’ This act, however, has the following express proviso:—‘Provided always, that in case it shall appear on the trial of any person or persons indicted for the wilfully, maliciously, and unlawfully shooting at any of his Majesty’s subjects, that if death had ensued therefrom the same would not in law have amounted to the crime of murder; that then and in every such case the person or persons so indicted shall be deemed and taken to be not guilty of the felonies whereof they shall be so indicted, but be thereof acquitted.’ Your lordships will observe, that by this act it is made a capital offence to shoot at, with intent to murder, or maim, disfigure, or do grievous bodily harm; but the offence came within the statute only when, if death should have ensued, it would have amounted to the crime of murder.