S. 12. Shoot
ing at, or stabbing, cutting, or wounding any person, with
fully and maliciously attempt to drown, suffocate, or strangle certain acts,
any person, or shall unlawfully and maliciously shoot at any shall be ca-
person, or shall, by drawing a trigger, or in any other manner, pital.
attempt to discharge any kind of loaded arms at any person, or
shall 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 con-
victed thereof, shall suffer death as a felon.
"The 12th section enacts, "that if any person unlawfully and ma-
liciously shall shoot at any person, or shall, by drawing a trigger,
or in any other manner, attempt to discharge any kind of loaded
arms at any person, or shall unlawfully and maliciously stab,
cut, or wound any person, with intent, in any of the cases afore-
said, to maim, disfigure, or disable such person, or to do some
other grievous 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 appre-
hended or detained, every such offender, and every person coun-
selling, 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 therefrom,
the same would not in law have amounted to the crime of mur-
der, in every such case the person so indicted shall be acquitted
of felony.'
"The repealed statute 43 Geo. 3. c. 58. contained the following
enactments,"
596, line 8, dele the words "This statute 43 Geo. 3. c. 58." and to the end of
the paragraph, and insert, “The cases upon the construction of
the statute 43 Geo. 3. c. 58. may assist in the construction of the
new law."
intent to
maim, &c.
shall be ca
pital, provided the case would have been murder if death had ensued.
Assault with intent to commit a robbery, and demanding money by menaces or force, with in
tent to steal.
612, line 8, dele to the end of the page, and also 16 lines of the next page. 615, line 18, dele to the end of the page, and also the following page, and the 9 lines at the top of page 617, and insert, "Amongst the principal of those assaults, the aggravated nature of which may be said to arise from the great criminality of the object intended to be effected, is an assault upon a person with a felonious intent to commit a robbery; and nearly allied to this, is a demand of property effected by menaces or force, and with the intent of stealing such property. These offences were made felonies by the late statute, 4 Geo. 4. c. 54. s. 5. which repealed the statute 7 Geo. 2. c. 21. an act for the more effectual punishment of assaults with intent to commit robbery, but the 4 Geo. 4. c. 54. is also repealed by the statute 7 & 8 Geo. 4. c. 27. The present law upon the subject is contained in the statute 7 & 8 Geo. 4. c. 29. s. 6. which enacts, that if any person shall assault any other person, with an Assaults with intent to rob him, or shall with menaces or by force demand any intent to comsuch property of any other person with intent to steal the same, mit robbery, every such offender shall be guilty of felony, and being convicted and demands thereof, shall be liable, at the discretion of the Court, to be accompanied transported beyond the seas for life, or for any term not less with menaces than seven years, or to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped, (if the Court shall so think fit,) in addition to such imprisonment.'
"The repealed statute 4 Geo 4. c. 54. enacted, "That if any person Repealed sta-
should maliciously assault any other person, with intent to rob tute 4 G. 4. c.
such other person, or should by menaces, or by force, maliciously 54.
demand money, security for money, goods or chattels, wares or
merchandize, of any other person, with intent to steal the same,
11 & 12 W. 3. c. 7. s. 9.
Aggravated assaults.
9 G. 4. c. 31. S. 23.
Arresting a clergyman during divine service.
Punishment for assaults on officers, &c. for their endeavours to save shipwrecked property.
Assaults with
intent to com-
mit felony;
assaults on
peace officers;
or to prevent
the arrest of
offenders; or
in pursuance of
a conspiracy
to raise wages;
punishable
with hard la-
bour.
Assault on any
seaman, &c.
to prevent him
from working;
assaults with
intent to ob-
struct the
buying or sel-
ling of grain,
or should procure, counsel, aid, or abet the commission of the said offences, or of any of them; every person so offending, being thereof lawfully convicted, should be adjudged guilty of felony, and should be liable at the discretion of the Court, to be transported beyond the seas for life, or for such term, not less than seven years, as the Court should adjudge, or to be imprisoned, and kept to hard labour in the common gaol or house of correction, for any term not exceeding seven years.' "Some of the cases upon the repealed statutes may assist in the construction of the present law. Upon the repealed act 7 Geo. 2. c. 21. it was decided that the assault therein described must." 620, dele from the paragraph beginning "Another species of aggravated assaults," to the bottom of the page, and also the following pages 621, 622, 623, 621, 625, and 626, and then insert "The 11 & 12 W. 3. c. 7. s. 9. enacts that if any person shall lay violent hands on his commander, whereby to hinder him from fighting in defence of his ship and goods, committed to his trust,' he shall be adjudged to be a pirate, felon, and robber; and being convicted, shall suffer death, and loss of lands, goods, &c. as pirates, felons, and robbers upon the seas, ought to suffer."
"The following enactments concerning aggravated assaults, are contained in the recent statute 9 Geo. 4. c. 31. s. 23. enacts, That if any person shall arrest any clergyman upon any civil process, while he shall be performing divine service, or shall, with a knowledge of 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."
"The twenty-fourth section enacts, 'That if any person shall assault and strike, or wound, any magistrate, officer, or other person whatsoever lawfully authorized, on account of the exercise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects wrecked, stranded, or cast on shore, or lying under water, every such 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 gaol or house of correction, for such term as the Court shail award."
"The twenty-fifth section enacts, 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."
"The twenty-sixth section enacts, "That if any person shall unlowrally, and with force, hinder any sean an, 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, passage; pu-
whilst on its way to or from any city, market-town, or other nishable before
place, with intent to stop the conveyance of the same, every two magis-
such offender may be convicted thereof before two justices of trates; with
the peace, and imprisoned, and kept to hard labour in the com- imprisonment
mon gaol or house of correction, for any term not exceeding not exceeding
three calendar months; provided always, that no person, who three months.
shall be punished for any such offence, by virtue of this provi-
sion, shall be punished for the same offence by virtue of any
other law whatsoever."
627, at the end of "Chapter Twelfth," insert "Chapter the Thirteenth."
"Of setting spring guns, man traps, &c."
Persons setting or placing spring guns, man traps, &c. guilty of a misdemeanor.
traps for destroying vermin.
"The statute 7 & 8 Geo. 4. c. 18. s. 1. enacts and declares, "That 7 & 8 G. 4. c.
18.
if any person shall set or place, or cause to be set or placed, any
spring gun, man trap, or other engine calculated to destroy
human life, or inflict grievous bodily harm, with the intent that
the same, or whereby the same may destroy or inflict grievous
bodily harm, upon a trespasser or other person coming in con-
tact therewith, the person so setting or placing, or causing to
be so set or placed, such gun, trap, or engine as aforesaid, shall
be guilty of a misdemeanor.”
"The second section enacts, "That nothing therein contained
shall extend to make it illegal to set any gin or trap, such as Proviso for
may have been or may be usually set with the intent of de-
stroying vermin.”
The third section enacts, "That if any person shall knowingly
and wilfully permit any such spring gun, man trap, or other
engine, as aforesaid, which may have been set, fixed, or left in
any place, then being in or afterwards coming into his or her
possession or occupation, by some other person or persons, to
continue so set or fixed, the person so permitting the same to
continue, shall be deemed to have set and fixed such gun, trap,
or engine, with such intent as aforesaid."
"The fourth section enacts, That nothing in this act shall be
deemed or construed to make it a misdemeanor, within the
meaning of this act, to set or cause to be set, or to be continued
set, from sun set to sun rise, any spring gun, man trap, or other
engine, which shall be set, or caused or continued to be set, in a
dwelling-house, for the protection thereof.""
"By the fifth section, the act is not to affect proceedings touching dwelling-
any matter or thing done or committed previous to its passing." houses.
"And by section six, the act is not to extend to Scotland."
Persons permitting guns,
traps, &c. set by others, to continue, deemed to
have set the same.
Proviso for
guns, traps,
&c. set for the
protection of
An Act for improving the Administration of Criminal Justice in Eng-
land.
[26 May, 1826.]
WHEREAS it is expedient to define under what circumstances persons may be
admitted to bail in cases of felony, and to make better provision for taking
examinations, informations, bailments, and recognizances, and returning the
same to the proper tribunals: And whereas the technical strictness of criminal
proceedings might in many instances be relaxed, so as to ensure the punish-
ment of the guilty, without depriving the accused of any just means of de-
fence; and the administration of justice in that part of the United Kingdom
called England might in other respects be rendered more effectual: Be it
therefore enacted by the King's most excellent Majesty, by and with the ad-
vice and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, That where
any person shall be taken on a charge of felony or suspicion of felony, be
fore one or more justice or justices of the peace, and the charge shall be sup-
ported by positive and credible evidence of the fact, or by such evidence as,
if not explained or contradicted, shall in the opinion of the justice or jus-
tices raise a strong presumption of the guilt of the person charged, such
son shall be committed to prison by such justice or justices, in the manner
hereinafter mentioned; but if there shall be only one justice present, and the
whole evidence given before him shall be such as neither to raise a strong pre-
sumption of guilt nor to warrant the dismissal of the charge, such justice
shall order the person charged to be detained in custody until he or she shall
be taken before two justices at the least; and where any person so taken, or
any person in the first instance taken before two justices of the peace, shall
be charged with felony or on suspicion of felony, and the evidence given in
support of the charge shall, in their opinion, not be such as to raise a strong
presumption of the guilt of the person charged, and to require his or her
committal, or such evidence shall be adduced on behalf of the person charged
as shall in their opinion weaken the presumption of his or her guilt, but
there shali notwithstanding appear to them, in either of such cases, to be suf-
ficient ground for judicial enquiry into his or her guilt, the person charged
shall be admitted to bail by such two justices, in the manner hereinafter
mentioned: Provided always, that nothing herein contained shall be con-
strued to require any such justice or justices to hear evidence on behalf of
any person so charged as aforesaid, unless it shall appear to him or them to be
meet and conducive to the ends of justice to hear the same.
Who may be
admitted to
bail on a
charge of fe-
lony, and who
may not.
(3 Ed. 1. c. 15.
23 H. 6. c. 9.)
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