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Sentence may be passed pursuant to the

statute after a general verdict of guilty, upon an in

dictment containing two counts on the statute and

one for a common assault.

constable, &c. or other person, in order to prevent an apprehension for felony.

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 opinion that the assault was on account of the abusive language.

After this answer had been communicated from the bench, it was moved in arrest of judgment, that, the verdict being general, there would be inconsistent judgments on the several counts, one on the special counts on the statute which prescribed a positive punishment, and the other on the count for the common assault which was discretionary.(1) But the rule was afterwards abandoned, and sentence was passed upon the defendant pursuant to the directions of the statute.(m)

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The statute 1 & 2 G. 4. c. 88. s. 2. enacts, "that if any person shall assault, beat, or wound any constable, officer, headAssaulting any borough, or other person whomsoever, with intent in so doing, or by means thereof to obstruct, resist, or prevent the lawful "apprehension or detainer of any person charged with or suspected of felony; or if any person charged with or suspected of "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 subject or liable, be kept to hard labour for any term not exceeding "two years, and not less than six months.(«)

(7) Upon this point the case of Rex v. Young and others, 3 T. R. 103. was referred to.

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

(a) Where a rescue is effected, see the first section of this statute, ante, p. 385.

CHAPTER THE TWELFTH.

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

COACHMEN.

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misconduct of

carriage, such ing, &c. is declared to be a

wanton driv.

THE statute 1 G. 4. c. 4. enacts, "that if any person whatever Where any "shall be maimed, or otherwise injured by reason of the wanton person is injured by the "and furious driving or racing, or by the wilful misconduct of wanton and 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 "always, that nothing in this act contained shall extend or be "construed to extend to hackney coaches, being drawn by two "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. 10. nor less than 57. 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.

misdemeanor.

coachman

END OF VOL. I.

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