« PreviousContinue »
person, or shall cause to be taken by any person, any poison poison, or or other destructive thing, or shall unlawfully and malici- of violence, ously attempt to drown, suffocate, or strangle any person, or as hereinbeshall unlawfully and maliciously shoot at any person, or fore proshall, by drawing a trigger, or in any other manner, attempt vided for, to discharge any kind of loaded arms at any person, or shall capital. unlawfully and maliciously stab, cut, or wound any person, with intent, in any of the cases aforesaid, to murder such person, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.
XII. And be it further enacted, that if any person un- Shooting at, lawfully and maliciously shall shoot at any person, or or stabbing, shall, by drawing a trigger, or in any other manner, at- cutting, or wounding tempt to discharge any kind of loaded arms at any person, any person, or shall unlawfully and maliciously stab, cut, or wound any with intent person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such person, or to do some other griev- capital. ous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of the party so offending, or of any of his accomplices, for any offence for which he or they may respectively be liable, by law, to be apprehended or detained, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon. Provided always, that in case it shall appear, on the trial of any person indicted for any of the offences above specified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting, or wounding, as aforesaid, were committed under such circumstances, that if death had ensued therefore, the same would not, in law, have amounted to the crime of murder, in every such case the person so indicted shall be acquitted of felony.
XXIII. And be it enacted, that if any person shall arrest Arresting a any clergyman upon any civil process while he shall be clergy man performing divine service, or shall, with the knowledge of during divine service. such person, be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall suffer such punishment by fine or imprisonment, or by both, as the court shall award.
XXIV. And be it enacted, that if any person shall assault Assaulting and strike, or wound any magistrate, officer, or other person officers, and whatsoever, lawfully authorized, on account of the exercise others, on of his duty, in or concerning the preservation of any vessel their endea in distress, or of any vessel, goods, or effects wrecked, vours to save stranded, or cast on shore, or lying under water, every such shipwrecked offender, being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common
with intent to commit felony. Assaults on
peace offi. cers.
of a conspi
racy to raise wages.
Assaulting any seaman
or shipcarpenter with intent to prevent him from
gaol, or house of correction, for such term as the court shall award.
XXV. And be it enacted, that where any person shall be charged with, and convicted of any of the following offences as misdemeanors: that is to say, of any assault with intent to commit felony; of any assault upon any peace-officer, or revenue-officer, in the due execution of his duty, or upon any person acting in aid of such officer; of any assault upon any person, with intent to resist, or prevent the lawful apprehension or detainer of the party so assaulting, or of any other person, for any offence for which he or they may be liable, by law, to be apprehended or detained; or of any assault, committed in pursuance of any conspiracy to raise the rate of wages, in any such case the court may sentence the offender to be imprisoned, with or without hard labour, in the common gaol, or house of correction, for any term not exceeding two years; and may also (if it shall so think fit) fine the offender, and require him to find sureties for keeping the peace.
XXVI. And be it enacted, that if any person shall unlawfully, and with force, hinder any seaman, keelman, or caster, from working at, or exercising his lawful trade, business, or occupation, or shall beat, wound, or use any other violence to him, with intent to deter, or hinder him from working at, or exercising the same; or if any person shall beat, wound, or use any other violence to any person, with intent to deter, or hinder him from selling or buying any wheat, or other grain, flour, meal, or malt, in any market or other place, or shall beat, wound, or use any other violence, to any person having the care or charge of any wheat, or other grain, flour, meal, or malt, whilst on its way to or from any city, market-town, or other place, with intent to stop the conveyance of the same, every such offender may be convicted thereof before two justices of the peace, and imprisoned, and kept to hard labour, in the common gaol, or summarily house of correction, for any term not exceeding three calen. before two dar months provided always, that no person who shall be magistrates. punished for any such offence, by virtue of this provision, shall be punished for the same offence, by virtue of any other law whatsoever.
Assaults, with intent to obstruct the buying or selling of grain, or the free
passage thereof, punishable
Persons committing any com
XXVII. And whereas it is expedient that a summary power of punishing persons for common assaults and batmon assault teries should be provided, under the limitations hereinafter or battery, mentioned: be it therefore enacted, that where any person may be com- shall unlawfully assault, or beat, any other person, it shall pelled, by be lawful for two justices of the peace, upon complaint of the party aggrieved, to hear and determine such offence, and the offender, upon conviction thereof, before them, shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered), the sum of five pounds, which fine shall be paid to some one of
two magistrates, to pay a sum not exceeding 51.
the overseers of the poor, or to some other officer of the Application parish, township, or place, in which the offence shall have of the been committed, to be, by such overseer, or officer, paid money.] over to the use of the general rate of the county, riding, or division, in which such parish, township, or place, shall be situate, whether the same shall, or shall not, contribute to such general rate; and the evidence of any inhabitant of the county, riding, or division, shall be admitted in proof of the offence, notwithstanding such application of the fine incurred thereby; and if such fine as shall be awarded by the said justices, together with the costs (if ordered), shall not be paid, either immediately after the conviction, or within such period as the said justices shall, at the time of the conviction, appoint, it shall be lawful for them to com- Commitmit the offender to the common gaol, or house of correction, ment for there to be imprisoned for any term not exceeding two calendar months, unless such fine and costs be sooner paid; but if the justices, upon the hearing of any such case of If the maassault or battery, shall deem the offence not to be proved, gistrates or shall find the assault or battery to have been justified, complaint, or so trifling as not to merit any punishment, and shall ac- they shall cordingly dismiss the complaint, they shall forthwith make make out a out a certificate under their hands, stating the fact of such that effect. dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.
cate or con
XXVIII. And be it enacted, that if any person against Such certifi whom any such complaint shall have been preferred, for any victions shall common assault or battery, shall have obtained such certi- be a bar to ficate as aforesaid, or, having been convicted, shall have any other paid the whole amount adjudged to be paid under such proceedings. conviction, or shall have suffered the imprisonment awarded for non-payment thereof, in every such case, he shall be released from all further or other proceedings, civil or criminal, for the same cause.
visions not to apply to
XXIX. Provided always, and be it enacted, that in case the justices shall find the assault or battery complained of, to have been accompanied by any attempt to commit felony, aggravated or shall be of opinion that the same is, from any other cir- cases. cumstance, a fit subject for a prosecution, by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case, in all respects, in the same manner as they would have done before the passing of this act: provided, also, that nothing herein contained, shall authorize any justices of the peace to hear and determine any case of assault or battery, in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein, or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice.
Master of a merchant
ing a sea
XXX. And be it enacted, that if any master of a merchant vessel shall, during his being abroad, force any man on vessel, forc- shore, or wilfully leave him behind in any of his majesty's colonies, or elsewhere, or shall refuse to bring home with him again all such of the men whom he carried out with him refusing to as are in a condition to return when he shall be ready to probring him ceed on his homeward-bound voyage, every such master shall home, liable to imprison. be guilty of a misdemeanor, and, being lawfully convicted thereof, shall be imprisoned for such term as the court shall award; and all such offences may be prosecuted by indictment, or by information, at the suit of his Majesty's attorneygeneral, in the Court of King's Bench, and may be alleged in the indictment or information to have been committed at Westminster, in the county of Middlesex; and the said court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information.
Mode of trial, &c.
ries to of
XXXI. And be it enacted, that every accessory, before for accesso- the fact to any felony punishable under this act, for whom no punishment has been hereinbefore provided, shall be liable, against this at the discretion of the court,to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol, or house of correction, for any term not exceeding three years; and every accessory after the fact to any felony punishable under this act (except murder), shall be liable to be imprisoned, with or without hard labour, in the common gaol, or house of correction, for any term not exceeding two years; and every person who shall counsel, aid, or abet the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender.
for offences against this act committed at
XXXII. And be it enacted, that all indictable offences mentioned in this act, which shall be committed within the jurisdiction of the Admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land in England, and shall be dealt with, inquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England: provided always, that nothing herein contained shall alter or affect any of the laws relating to the government of his majesty's land or naval forces.
XXXIII. And for the more effectual prosecution of offor offences fences punishable upon summary conviction by virtue of this against this act, punish act, be it enacted, that where any person shall be charged able on sum. on the oath of a credible witness, before any justice of the
peace, with any such offence, the justice may summon the person charged to appear before any two justices of the peace, at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him) the justices may either proceed to hear and determine the case ex-parte, or may issue their warrant for apprehending such person, and bringing him before them; or the justice before whom the charge shall be made, may, if he shall so think fit, issue such warrant, in the first instance, without any previous summons.
XXXIV. Provided always, and be it enacted, that the Limitation prosecution for every offence, punishable on summary con- of time for viction, by virtue of this act, shall be commenced within three calendar months after the commission of the offence, and not otherwise.
XXXV. And be it enacted, that the justices before whom Term of conany person shall be summarily convicted of any offence viction. against this act, may cause the conviction to be drawn up
in the following form of words, or in any other form of words
to the same effect, as the case shall require, that is to say :
"Be it remembered, that on the the year of our Lord, at
in the county of -, [or riding, division, liberty, city, &c. as the case may be], A. O. is convicted before us [naming the justices], two of his Majesty's justices of the peace for the said county, [or riding, &c.] for that he, the said A. O. did [specify the offence, and the time and place when and where the same was committed, as the case may be]; and we, the said justices, adjudge the said A. O. for his said offence, to be imprisoned in the and there kept to hard labour for the space of [or we adjudge the said A. O., for his said offence, to forfeit, and pay, the sum of] [here state the amount of the fine imposed], and also to pay the sum of for costs; and, in default of immediate payment of the said sums, to be imprisoned in the
the space of
unless the said sums shall be sooner
-] [i. e. the amount
paid; [or, and we order that the said sums shall be paid
XXXVI. And be it enacted, that no such conviction shall No certiobe quashed for want of form, or be removed by certiorari, rari.