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This act not
to repeal any act relating to high trea son, or the revenue, or
Not to extend to Scotland or 1reland.
or otherwise, into any of his Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
XXXVII. Provided always, and be it enacted, that nothing in this act contained shall affect, or alter, any act, so far as it relates to the crime of high treason, or to any branch of the public revenue, or shall affect or alter any act for the prevention of smuggling, or any part of the act passed in the sixth year of the present reign, intituled An Act to repeal the Laws relating to the Combination of Workmen, and to make other Provisions in Lieu thereof.
XXXVIII. Provided also, and be it enacted, that nothing in this act contained shall extend to Scotland or Ireland.
Note.-The 11th and 12th sections of this statute are founded on the repealed statute of 43 Geo. 3, c. 58, s. 9, with the addition of the word "wound," and with some other alterations. In the present act, the penal provisions for attempts to murder and attempts to maim are placed under two distinct clauses, for reasons which will be obvious on comparing the new with the old statute. But, as it is clearly not intended to make these felonies distinct in their nature, they may be laid in the same indictment. An indictment upon this statute should state accurately the mode by which the injury is inflicted. Where, therefore, the indictment was for cutting, and there was evidence of stabbing only, a conviction under these circumstances was held wrong. Rer v. M'Dermot, R. & R. 356. The intents with which the several assaults mentioned may be committed are numerous, and care must be taken that the right intent be laid in the indictment. Where under the former statute the intent, as laid in several counts of the indictment, was to murder, to disable, and to do some grievous bodily harm, and the intent found by the jury was, to prevent being apprehended, a con
viction upon this indictment was held wrong: Rex v. Duffin, R. & R. 365; Rex v. Marshall, 2 Stark. Ev. 925. But where one intent only is laid in the indictment, and the jury find both that and another, as, for instance, where the intent laid is to do grievous bodily harm, and they find the intent to be, to prevent lawful apprehension, and for the purpose of effecting this intent to do grievous bodily harm, the indictment will be supported: Rex v. Gillow, R. & R. 85. The statute makes no difference in the crimes mentioned specifically, and the being present aiding and abetting. Therefore, the same indictment may contain counts with reference to either offence. Rex v. Towle and others, R. & R. 314. And if an indictment for shooting at another, charge that a person unknown feloniously, &c. did shoot at A. B., and that the prisoner and others were present, aiding and abetting, &c., the said unknown person, the said felony, to do and commit, &c., this is sufficient, without its being stated, that the prisoner was feloniously present, &c. S. C.
The following cases also are applicable to the act. If a gun, though loaded with powder and paper only, be fixed so near, and
in such a direction, as to be likely to kill, or do other grievous bodily harm, the case, due consideration being had to the intent, will be within the statute: Rex v. Kitchen, R. & R. 95. It appears, however, that if the gun be not loaded at the time it is attempted to be discharged, as if the charge be lost by accident, &c. the case is not within the statute, however felonious the prisoner's intent might be: 1 Russ. 597. It was held, under the former statute, that a cutting was within it, by whatever instrument the injury was inflicted, but that a contused or lacerated wound was not within it. The present enactments, how ever, will extend to wounds of this latter species. It has already been observed, that where the prisoner's intent is twofold, he may be convicted, though only one of those intents be laid in the indictment. And it is of no consequence, that the intent laid is not the main intent. Where the main object was to commit a rape, and cutting and maining were part of the atrocious means used to perpetrate the crime, the prisoner was held to be rightly convicted upon an indictment for cutting, with intent to do grievous bodily harm: Rex v. Cox, R & R. 362. It has been held, that the word "disable" in the statute, relates to a permanent disability, and not to a mere temporary one, such
as a disability, until an offender likely to be apprehended may escape: Rex v. Boyce, R. & M. 29; 1 Russ. 598. To bring an offence within the statute, it is not necessary that the wound should be of such a nature, as to be likely to occasion death: Rex v. Griffith, 1 C. & P. 299.
Nor even that a grievous bodily harm should actually be done: Rex v. Hunt, R. & M. 93. But the nature of the wound inflicted will be an important consideration for the jury in estimating the intent. It may here be observed, that by analogy to principles which govern the crime of murder, general malice will bring a case within the statute, although there be no proof of malice towards the particular individual injured: Rer v. Hunt, supra. Where the wounding is charged to be done with intent to prevent a lawful apprehension, it must appear that the offender had some notification of the purpose for which he was apprehended; otherwise, the case will be one in which, if death had ensued, the offence would have been manslaughter only (see post, tit. "Manslaughter,") and the prisoner will have the benefit of the important proviso at the end of the 11th section of this statute: Rickett's case, 1 Russ. 599.
The provisions in the 12th section relative to drowning, &c. are new.
(See, also, tit. " Trial.")
3 Geo. 4, c. 10.
I. Whereas it has been deemed necessary, that the commissions under which the judges sit upon their circuits, or some of them, should be opened, and read, at the respective places appointed in pursuance thereof for holding the assizes, in the presence of one, at least, of the quorum commissioners, therein named, on the very day appointed or holding such assizes; whereby much inconvenience
shall not be opened and
read at any place specified on the day named therein, the
same may be opened
and read the following day, not being Sunday, &c.
has arisen, or may hereafter arise, in case of a pressure of business, at other places, or from other unforeseen circumWhen con- stances: for remedy thereof, be it enacted, by the King's most excellent Majesty, by and with the advice, and consent, of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that, whenever it shall so happen, that such commissions shall not be opened and read in the presence of one of the quorum commissioners, at any place specified for holding the assizes, on the very day appointed for such purpose, it shall, and may be, lawful to open and read the same, in the presence of one of the quorum commissioners therein named, on the following day, or, if such following day shall be a Sunday, or any other day of public rest, then on the succeeding day; and such opening, and reading, thereof, shall be as effectual, to all intents and purposes, as if the same had been opened, and read, in the presence of one of the quorum commissioners, on the very day appointed for that purpose, and shall be deemed and taken to be an opening and reading thereof, on the day for that purpose appointed; and all records and other proceedings, under, or relating to, any commission, which may be opened and read, by virtue of this act, shall and may be drawn up, entered, and made out, under the same date, and in the same form, in all respects, as if such commission had been opened and read on the day originally appointed for that purpose: provided always, that the judges and quorum commissioners are hereby directed and required to have such commissions opened and read on the very days appointed for that purpose, unless the same shall be prevented by the pressure of business elsewhere, or by some unforeseen cause, or accident.
II. And be it further enacted, that in every case in which missions are it shall happen, that any such commission shall be opened opened under this act, and read, under the provisions of, and according to, this the cause of act, the quorum commissioner, before whom the same shall delay to be be opened and read, shall, under his hand and seal, certify certified to to the lord chancellor, lord keeper, or lords commiscellor, &c. sioners of the great seal, for the time being, that the said andenrolled. commission was so opened, and the cause of the delay of opening and reading the same, which certificate shall be enrolled in the High Court of Chancery.
19 Geo. 3, c. 74.
III. Whereas the courts of assize, nisi prius, oyer and terminer, and gaol delivery, for several counties at large, are often held in, or near cities, or towns, that are counties of themselves, and at the same time with the like courts for the said cities or towns; and inconveniences frequently arise, in transacting the business of the several courts, for that the lodgings of the judges are situate,
either only in the county at large, or only in the county of such city or town. Be it therefore enacted, that whenever the courts of assize, nisi prius, oyer and terminer, or gaol delivery, for any county at large, in England, shall be held in, or near, any city, or town, which is also a county of itself, and at the same time, with the like, or any of the like, courts, for the said city or town, the lodgings of the judge, or judges, shall be construed and taken to be situate both within the county at large, and also within the county of such city or town, for the purpose of transacting the business of the assizes for such county at large, and for the county of such city or town, during the time that such judge or judges shall continue therein, for the execution of their several commissions.
54 Geo. 3, c. 145.
Whereas it is expedient to make such provisions, by No attainlaw, as are herein after contained: Be it therefore enacted, der, except for high &c. that no attainder for felony, which shall take place from and after the passing of this act, save and except to extend to in cases of the crime of high treason, or of the crimes of disinheriting petit treason, or murder, or of abetting, procuring, or coun- any heir, &c. selling the same, shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person, or persons, other than the right, or title, of the offender, or offenders, during his, her, or their natural lives only; and that it shall be lawful to every person, or persons, to whom the right or interest of any lands, tenements, or hereditaments, after the death of any such offender, or offenders, should, or might have appertained, if no such attainder had been, to enter into the same.
BY WRIT OF HABEAS CORPUS.
(See 16 Car. 1, c. 10.)
31 Car. 2, c. 2.
I. Whereas great delays have been used by the sheriffs, gaolers, and other officers, to whose custody any of the king's subjects have been committed for criminal, or supposed criminal, matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus, and sometimes more, and by other shifts, to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the king's subjects have been, and hereafter may be, long detained in prison, in such cases where by law they are bailable, to their great charges and vexation.
habeas cor pus, within three days after service,
to be returned, and the body brought, if
within twenty miles, &c.
II. For the prevention thereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters, be it enacted, &c., that whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their custody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the underofficers, under-keepers, or deputy of the said officers or keepers, that the said officer or officers, his or their underofficers, under-keepers, or deputies, shall, within three days after the service thereof, as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and indorsed upon the said writ, not exceeding twelve pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge, to which he shall be brought, according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ, and bring, or cause to be brought, the body of the party so committed or restrained unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days; and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid, and not longer.
Such writs, III. And, to the intent that no sheriff, gaoler, or other how to be officer may pretend ignorance of the import of any such writ, be it enacted, by the authority aforesaid, that all such writs shall be marked in this manner: per statutum trices. simo primo Caroli Secundi regis, and shall be signed by the person that awards the same; and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, unless for felony or treason, plainly expressed in the warrant of commitment, in the vacation time and out of term, it shall and may be lawful to and for the person or persons so committed or detained (other than persons convict or in execution by legal process), or any one on his or their behalf, to appeal or complain to the lord chancellor, or lord keeper, or any one of his majesty's justices,
pus, and the proceedings thereon, in vacation