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of two witnesses, he shall be imprisoned for a year or less, by the discretion of two justices, out of a town corporate, and, in a town corporate, of the mayor or other head officer, with two others of the discreetest persons of the same corporation; and if the offence shall require further punishment, then to receive such other open punishment, so as it extend not to life or limb, as the justices in sessions, or the mayor or other head officer, and six or four at least of the discreetest persons of the corporation, shall think con

venient for the quality of the offence. 12 G. 1. c. 34. The 12 Geo. 1. c. 34. s. 6. enacts, “ that if any person or pers. 6. Assault

sons shall assault or abuse any master woolcomber or master upon manufacturers, for

weaver, or other person concerned in any of the woollen manunot comply- “ factories of this kingdom, whereby any such master or other ing with ille

person shall receive any bodily hurt, for not complying with, or gal by-laws,

not conforming, or not submitting, to any such illegal by-laws, “ ordinances, rules or orders, aforesaid," (namely, “by-laws, ordi

nances, rules or orders, in unlawful clubs and societies, made or “ entered into by or between any persons brought up in, or pro“ fessing, using, or exercising the art and mystery of a wool“comber or weaver, or journeyman woolcomber, or journeyman

weaver, in any parish or place within this kingdom, for regu

lating the said trade or mystery, or for regulating or setting the “prices of goods, or for advancing their wages, or for lessening “ their usual hours of work;”(i)) every person so offending, being “ thereof lawfully convicted upon any indictment to be found " within twelve calendar months next after any such offence

committed shall be adjudged guilty of felony, and shall be “ transported for seven years." This provision is extended by the eighth section of the statute to “combers of jersey and wool, “to framework knitters and weavers, or makers of stockings, and “ to all persons whatsoever employed or concerned in any of the “ said manufactories.”'

. And it is also extended by the 22 G. 2. c: 27. s. 12. to “journeymen dyers, journeymen hotpressers, and

all other persons whatsoever employed in or about any of the 6 woollen manufactories of this kingdom, and also to journeymen, “ servants, workmen, and labourers, and all other persons what

soever employed in the making of felts or hats, or in or about

any of the manufactures of silk, mohair, fur, hemp, flax, linen, “cotton, fustians, iron or leather, or in or about any manufactures “ made up of wool, fur, hemp, flax, cotton, mohair or silk, or of

any of the said materials mixed one with another.” 9 Anne, c. 14. The statute 9 Anne, c. 14., which was passed for the better preon account of venting of excessive and deceitful gaming, makes provision for money won at preventing quarrels on account of gaming. The eighth section play. enacts, “ that in case any person or persons whatsoever shall

assault and beat, or shall challenge or provoke to fight any other

person or persons whatsoever, upon account of any money won "by gaming, playing, or betting at any of the games aforesaid,

(namely, cards, dice, tables, tennis, bowls, or other game or games whatsoever ;) (•) such person or persons assaulting and

(1) The by-laws, &c. are thus de- (1) As to games considered as being scribed in the first section of the sta- within this statute, see ante, 407, 408.

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tute.

“beating, or challenging, &c. upon the account aforesaid, shall,

being thereof convicted upon an indictment or information, for“ feit to her majesty, her heirs, and successors, all his goods,

chattels, and personal estate whatsoever, and shall also suffer “imprisonment in the common gaol of the county, where such “ conviction shall be had during the term of two years.”

In a case upon this section of the statute, it appeared that Construction the prosecutor and the defendants were gaming together, and of the statute, that the defendants proposed breaking up and going away; that and others. the prosecutor having lost his money, objected to it, and wanted in this case it them to play on, complaining that they had won his money, and was supposed would not give him an opportunity of recovering it, upon which sault should the defendants committed the assault. And it is said that Bul- arise during ler, J. upon this evidence, directed the jury to acquit the defend- the time of

playing. ants ; giving it as his opinion, that the game being over before the assault began, the ass ult could not be said have arisen out of the game, but to have arisen from what the prosecutor had said to the defendants; and that it was necessary, in order to bring a case within the statute, that the assault should arise out of the play, and during the time of playing. (k) But this opinion is not supported by the judgment of the court of King's Bench in a subsequent case, where the same point came under consideration.

In the latter case, the indictment against the defendant con- Rex v. Darley. tained three counts, two of which were framed upon the statute, different docand the third was for a common assault. After a general verdict trine was estaof guilty, it was objected that the evidence did not warrant a blished, nameverdict upon the counts framed upon

the statute; because it apo sault on acpeared that the assault was not committed at the time of the play, count of mobut on the day afterwards; and then not on account of the money ney won at. won at play, but on account of the abusive language which play, will be passed between the parties. The opinion of Buller, J. in the tute, though former case was cited; and it was urged, in corroboration of that it be not comopinion, that the great object of the statute was to repress such long after the violence upon the spot, and at the very time of the gambling, play is over. when it might reasonably be imagined that ruined men, in the first paroxysm of despair, would be tempted to vent their passion in this manner. But Lord Ellenborough, C. J. said, that the court would refer to the learned Judge before whom the indictment was tried, to know in what manner the case was left to the jury; whether the assault were in fact made on account of the money won at play the day before, or on account of the ill language which had arisen afterwards upon the demand of payment being made. And he said that he could not go the length of the opinion in the case cited, and consider the words of the act as confined to an assault committed during the time of play; as it more frequently happened that disputes of that sort did not arise till after the play

The learned Judge before whom the indictment was tried, Mr. Justice Heath, being afterwards referred to, returned for answer, that he had directed the jury to acquit the defendant on the two first counts if they were not clearly satisfied that the defendant had assaulted the prosecutor on account of the money

(k) Rex v. Randall and others, Bristol Sum. Ass. 1787. 1 East. P. C. c. 8. s. 17. p. 423.

was over.

VOL, I,

2 s

suant to the

won at play by the prosecutor of the defendant; and that he had distinctly left it to them to decide whether the assault were on that account, or on account of the abusive language then used, and to acquit the defendant on those counts, if they were of opi

nion that the assault was on account of the abusive language. Sentence may

After this answer had been communicated from the bench, it be passed pur

was moved in arrest of judgment, that, the verdict being general, statute after a there would be inconsistent judgments on the several counts, one general ver- on the special counts on the statute which prescribed a positive dict of guilty,

punishment, and the other on the count for the common assault upon an indictment con- which was discretionary.(I) But the rule was afterwards abantaining two

doned, and sentence was passed upon the defendant pursuant to the directions of the statute.(m)

The statute 1 & 2 G. 4. c. 88. s. 2. enacts, “ that if any per

son shall assault, beat, or wound any constable, officer, headAssaulting any “borough, or other person whomsoever, with intent in so doing, constable, &c. or other per

or by means thereof to obstruct, resist, or prevent the lawful

“ apprehension or detainer of any person charged with or susto prevent an

“pected of felony; or if any person charged with or suspected of apprehension for felony.

“ felony shall assault, beat, or wound any constable, officer, head-
“ borough, or other person whomsoever, with intent in so doing,
“ or by means thereof, to obstruct, resist, or prevent his or her
“ apprehension or detainer; then and in every or any such case,
“ if the person or persons so offending shall be convicted of a
“misdemeanor only, it shall be lawful for the court by or before
“ whom any such person or persons shall be so convicted as
" aforesaid, to order and direct, in case it shall think fit, that
“ such person or persons shall, in addition to any other pains,

penalties or punishment to which he, she or they are now sub“ject or liable, be kept to hard labour for any term not exceeding “ two years, and not less than six months.(a)

counts on the
statute and
one for a com-
mon assault.

66

son, in order

(1) Upon this point the case of Rex (a) Where a rescue is effecled, see v. Young and others, 3 T. R. 103. the first section of this statute, ante, was referred to.

(m) Rex v. Darley, 4 East. 174.

p. 385.

CHAPTER THE TWELFTH.

OF MAIMING, &c. BY THE FURIOUS DRIVING, &c. OF STAGE

COACHMEN.

wanton and

The statute 1 G. 4. c. 4. enacts, “ that if any person whatever Where any “ ghall be maimed, or otherwise injured by reason of the wanton person is in" and furious driving or racing, or by the wilful misconduct of

any coachman or other person having the charge of any stage furious driv

coach or public carriage, such wanton and furious driving or ing, or wilful “ racing, or wilful misconduct of such coachman or other person, the coachman “shall be and the same is hereby declared to be a misdemeanor, of any public “ and punishable as such by fine and imprisonment: provided carriage, such “ always, that nothing in this act contained shall extend or be ing, &c. is de“ construed to extend to hackney coaches, being drawn by two clared to be a

misdemeanor. “ horses only, and not plying for hire as stage coaches.”

By a former act, 50 G. 3. c. 48. s. 15. a penalty not exceeding 50 G. 3. c. 48. 101. nor less than 5l. was imposed upon a coachman who, by fu- Penalty upon riously driving or by negligence or misconduct, shall overturn the driving fucarriage, or in any manner endanger the persons or property of riously, &c. the passengers, or the property of the owners or proprietors of such carriage; unavoidable accidents being excepted.

END OF VOL. I.

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