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suant to the

upon a

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,

Yo punishment, and the other on the count for the common assault dictment con- which was discretionary.(l) But the rule was afterwards abantaining two doned, and sentence was passed upon the defendant pursuant to counts on the

te and the directions of the statute.(m) one for a com- The statute 1 & 2 G. 4. c. 88. s. 2. enacts, “ that if any permon assault. " son shall assault, beat, or wound any constable, officer, headAssaulting any “ borough, or other person whomsoever, with intent in so doing, constable, &c. so or other per

." or by means thereof to obstruct, resist, or prevent the lawful son, in order « apprehension or detainer of any person charged with or sus

“ 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,
“S 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
6 misdemeanor only, it shall be lawful for the court by or before
“ whom any such person or persons shall be so convicted as
o 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)

to prevent an

56 nanted of falany

(I) 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 effecled, see the first section of this statute, ante, p. 385.




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 in“ and furious driving or racing, or by the wilful misconduct of wanton and

jured by the “ 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

misconduct of “ 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

· wanton driv. “ 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 6 horses only, and not plying for hire as stage coaches.”

misdemeanor. 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

coachman 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.


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