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Note. This clause is taken from the 9 Geo. 4, c. 31, s. 24, and 10 Geo. 4, c. 34, s. 30 (I.).

As to hard labour, &c., see ante, p. 5.

38. Whosoever shall assault any person with intent Assault to commit felony, or shall assault, resist, or wilfully with intent

to commit obstruct any peace officer in the due execution of his

felony, or duty, or any person acting in aid of such officer, or on peace shall assault any person with intent to resist or pre- officers, &c. vent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour.

Note.-This clause is taken from the 9 Geo. 4, c. 31, s. 25, and 10 Geo. 4, c. 34, s. 31 (I.).

This clause extends the former enactments to resisting and wilfully obstructing peace officers.

Revenue officers were included in the former clause, but are omitted in this, because assaults on them are otherwise provided for. See 16 & 17 Vict. c. 107, s. 251.

As to hard labour, &c., see ante, p. 5.

39. Whosoever shall beat, or use any violence Assaults

with intent or threat of violence to any person, with intent to

to obstruct deter or hinder him from buying, selling, or other- the sale of wise disposing of, or to compel him to buy, sell, or grain, or otherwise dispose of, any wheat or other grain, flour, passage

. meal, malt, or potatoes, in any market or other place, or shall beat or use any such violence or threat to any person having the care or charge of any wheat or other grain, flour, meal, malt, or potatoes, whilst on the way to or from any city, market town, or other place, with intent to stop the conveyance of the same, shall, on conviction thereof before two justices of the peace, be liable to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding three months :

Provided that no person who shall be punished for
any such offence by virtue of this section shall be
punished for the same offence by virtue of any

other
law whatsoever.

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Note.—This section assimilates part of the 9 Geo. 4, c. 31, s. 26, and part of the 14 & 15 Vict. c. 92, s. 2. It omits the word “wound" in the former, because a wounding with any of the intents specified in this clause would fall within section 20 of this Act; and it introduces “threat of violence," and the intent to compel the party to buy, sell, or dispose of the things specified.

All summary proceedings under this clause should be taken under the 11 & 12 Vict. c. 43, where the offence is committed in England, except in London and the Metropolitan Police district, and in Ireland under the 14 & 15 Vict. c. 93. See sec. 76, post.

Assaults on 40. Whosoever shall unlawfully and with force
seamen, hinder or prevent any seaman, keelman, or caster
&c.

from working at or exercising his lawful trade, busi-
ness, or occupation, or shall beat or use any violence
to
any
such
person

with intent to hinder or prevent
him from working at or exercising the same, shall,
on conviction thereof before two justices of the
peace, be liable to be imprisoned and kept to hard
labour in the common gaol or house of correction
for any term not exceeding three months: Provided
that no person who shall be punished for any such
offence by reason of this section shall be punished
for the same offence by virtue of any other law
whatsoever.

Note.-This clause is taken from the 9 Geo. 4, c. 31, s. 26, and is new in Ireland.

The summary proceedings under this clause should be taken in the same manner as under the preceding clause. See the last note.

41. Whosoever, in pursuance of any unlawful Assaults combination or conspiracy to raise the rate of wages, from comor of any unlawful combination or conspiracy re-bination. specting any trade, business, or manufacture, or respecting any person concerned or employed therein, shall unlawfully assault any person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour.

Note.-This clause is taken partly from the 9 Geo. 4, c. 31, s. 25, which had the words “any assault committed in pursuance of any conspiracy to raise the rate of wages ;” and the rest from the 10 Geo. 4, c. 34, s. 28 (I.), but that clause required the assault to be committed “ with intent to do grievous bodily harm," and made the punishment seven years' transportation.

As to hard labour, &c., see ante, p. 5,

42. Where any person shall unlawfully assault or Persons beat any other person, two justices of the peace, committing upon complaint by or on behalf of the

party ag, mon assault grieved, may hear and determine such offence, and or battery the offender shall, upon conviction thereof before may be im

prisoned or them, at the discretion of the justices, either be

compelled committed to the common gaol or house of correc- by two tion, there to be imprisoned with or without hard magistrates labour for any term not exceeding two months, or fine and else shall forfeit and pay such fine as shall appear costs not to them to be meet, not exceeding, together with exceeding costs (if ordered), the sum of five pounds; and if such fine as shall be so awarded, together with the costs (if ordered), shall not be paid, either immediately after the conviction or within such period as the said justices shall at the time of the conviction appoint, they may commit the offender to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for any term

not exceeding two months, unless such fine and costs be sooner paid.

Note.--This clause is framed from the 9 Geo, 4, c. 31, s. 27,

Under that section the complaint could only be made by the party aggrieved; this clause, in order to enable parents and others to complain on the part of an injured child, permits it to be made by any one on its behalf, and so it might under the 14 & 15 Vict. c. 92, s. 2 (I.), which is assimilated in this clause with the 9 Geo. 4, c. 31, s. 27.

By the 9 Geo. 4, c. 31, s. 27, the justices had only power to fine in the first instance; by the 14 & 15 Vict. c. 92, s. 2, they might either fine or commit for two months; and under this clause they may either fine or commit.

This clause also gives the justices power to commit to hard labour either in the first instance, or on default of payment of a fine.

As to the power to commit to hard labour in default of payment of a fine, see the observations in the Introduction, ante, p. xxxii., which are very much fortified by the judgment of C. J. Cockburn, in Reg. v. Willmott, 1 E. B. & S. 27.

All summary proceedings under this clause should be taken under the 11 & 12 Vict. c. 43, where the offence is committed in England, except in London and the Metropolitan Police district, and in Ireland under the 14 & 15 Vict. c. 93; see sect. 76, post.

Persons convicted of aggravated

43. When any person shall be charged before two justices of the peace with an assault or battery upon

any male child whose age shall not in the opinion assaults on of such justices exceed fourteen years, or upon any females

female, either upon the complaint of the party agand boys

grieved or otherwise, the said justices, if the assault or battery is of such an aggravated nature that it

cannot in their opinion be sufficiently punished under age may be

the provisions hereinbefore contained as to common

under fourteen years of

assaults and batteries, may proceed to hear and imprisoned determine the same in a summary way, and, if the

or fined. same be proved, may convict the person accused; and every such offender shall be liable to be imprisoned in the common gaol or house of correction, with or without hard labour, for any period not exceeding six months, or to pay a fine not exceeding (together with costs) the sum of twenty pounds, and in default of payment to be imprisoned in the common gaol or house of correction for any period not exceeding six months, unless such fine and costs be sooner paid, and, if the justices shall so think fit, in any of the said cases, shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expiration of such sentence.

Note.—This clause is taken from the 16 & 17
Vict. c. 30, s. 1, and extended to Ireland.

That statute authorised the justices in default
of payment of a fine to commit to prison with
hard labour. Good reasons for the omission of
that power will be found in the Introduction,
ante, p. xxxii.

The summary proceedings under this clause should be taken in the same manner as under the preceding clause; see the last note. It has been held that a warrant of commitment for an offence under the 16 & 17 Vict. c. 30, s. 1 (reenacted by this clause), which followed the form given by the 11 & 12 Vict. c. 43, sched. (P. I.), was good, although it did not state that the justices were sitting at a place where petty sessions are usually held, In re Allison, 10 Exch. R. 561. This clause omits the words on which this question arose.

44. If the justices upon the hearing of any such If the macase of assault or battery upon the merits, where the

gistrates

dismiss the complaint was preferred by or on the behalf of the complaint, party aggrieved, under either of the last two pre- they shall ceding sections, shall deem the offence not to be make out

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