any difficulty which might arise as to a case falling within the words "send, deliver, or utter." The words " to any other person " in the 10 & 11 Vict. c. 66, s. 1, were advisedly omitted, in order that every sending, delivering, uttering, or causing to be received may be included. If, therefore, a person were to send a letter or writing without any address by a person with directions to drop it in the garden of a house in which several persons lived, or if a person were to drop such a letter or writing anywhere, these cases would be within this clause. In truth, this clause makes the offence to consist in sending, &c., any letter or writing, which contains a threat to kill or murder any person whatsoever, and it is wholly immaterial whether it be sent, &c., to any person or not, or whether it be sent, &c., to the person threatened, or to any other person. The cases, therefore, of Rex v. Paddle, R. & R. 484; Reg. v. Burridge, 2 M. & Rob. 296; Reg. v. Jones, 2 C. & K. 398, 1 Den. C. C. R. 218; and Reg. v. Grimwade, 1 C. & K. 592, 1 Den. C. C. R. 30, are not to be considered as authorities on this clause, so far as they decide that the letter must be sent, &c., to the party threatened. In every indictment on this and the similar clauses in the other Acts, a count should be inserted alleging that the defendant uttered the writing without stating any person to whom it was uttered. Counts for uttering forged instruments never state the person to whom they were uttered, and they show that such a count on this clause would clearly be good. 66 The words of the 4 Geo. 4, c. 54, s. 3, were any letter or writing with or without any name or signature subscribed thereto, or with a fictitious name or signature," but the words of the 10 & 11 Vict. c. 66, s. 1, were any letter or writing" only, and the latter words are used in this clause, and it is clear that they are large enough to include any writing whatsoever. The word "maliciously" was unnecessarily introduced in the committee of the whole House of Commons, and renders this clause incon- The 4 Geo. 4, c. 54, s. 3, and 10 & 11 Vict. 66 As to hard labour, &c., see ante, p. 5. Acts causing or tending to cause Danger to Life or bodily Harm. in a person endeavouring to save in himself from ship wreck. 17. Whosoever shall unlawfully and maliciously Impeding prevent or impede any person, being on board of or having quitted any ship or vessel which shall be distress, or wrecked, stranded, or cast on shore, his endeavour to save his life, or shall unlawfully and maliciously prevent or impede any person in his endeavour to save the life of any such person as in this section first aforesaid, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note.-This clause is taken from the 7 Will. 4 & 1 Vict. c. 89, s. 7. The words "unlawfully and maliciously" are substituted for "by force " in the former Act. Under the 7 Will. 4 & 1 Vict. c. 89, s. 7, if A. were pulling B. out of the water, and C. prevented A. from doing so, C. would have been guilty of no offence, except an assault; the words in italics were introduced to meet this and similar cases. As to hard labour, &c., see ante, p. 5. attempting to do grievous bodily harm. Shooting or 18. Whosoever shall unlawfully and maliciously to shoot, or by any means whatsoever wound or cause any grievous wounding bodily harm to any person, or shoot at any person, with intent or, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note. This clause is taken from the 7 Will. 4 & 1 Vict. c. 85, s. 4. The words in italics at the beginning of this section were introduced to make it correspond with s. 11, ante, p. 45. As to the word "wound," see the note to that section. The word "any " is substituted in two places for "such," in order to provide for cases where the prisoner wounds, &c., A., when he intends to wound B., and the like. As to hard labour, &c., see ante, p. 5. What shall 19. Any gun, pistol, or other arms which shall be constitute loaded in the barrel with gunpowder or any other ex loaded arms. plosive substance, and ball, shot, slug, or other destructive material, shall be deemed to be loaded arms within the meaning of this Act, although the attempt to discharge the same may fail from want of proper priming or from any other cause. Note. This clause is new, and is introduced to meet every case where a prisoner attempts to discharge a gun, &c., loaded in the barrel, but bodily 20. Whosoever shall unlawfully and maliciously Inflicting wound or inflict any grievous bodily harm upon any injury, other person, either with or without any weapon or with or instrument, shall be guilty of a misdemeanor, and without being convicted thereof shall be liable, at the dis- weapon. cretion of the Court, to be kept in penal servitude for the term of three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is taken from the 14 & 15 s. 29 (I.). The word "wound" has been so placed in this clause that the words " either with or without any weapon or instrument" may apply to it. As to hard labour, &c., see ante, p. 5. indictable 21. Whosoever shall, by any means whatsoever, Attempting to choke, attempt to choke, suffocate, or strangle any other per&c., in son, or shall, by any means calculated to choke, suf- order to focate, or strangle, attempt to render any other person commit any insensible, unconscious, or incapable of resistance, offence. with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Using chloroform, &c., to offence. Note. This clause is new, and is directed against those attempts at robbery which have been accompanied by violence to the throat. As to hard labour, &c., see ante, p. 5. 22. Whosoever shall unlawfully apply or administer to or cause to be taken by, or attempt to apply commit any or administer to or attempt to cause to be adminiindictable stered to or taken by any person, any chloroform, laudanum, or other stupefying or overpowering drug, matter, or thing, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any other term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. &c., so as life or inflict Note. This clause is taken from the 14 & 15 Vict. c. 19, s. 3. The words in italics in the beginning of this clause were introduced for the same reason as those in s. 14. See the note to that section, ante, p. 48. As to hard labour, &c., see ante, p. 5. Maliciously 23. Whosoever shall unlawfully and maliciously administer- administer to or cause to be administered to or taken ing poison, by any other person any poison or other destructive to endanger or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour. grievous bodily harm. |