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9 Geo. 4, c. 31. Sect. XXV. And be it enacted, That where any person Assaults with

shall be charged with and convicted of any of the following intent to commit

offences as misdemeanors; felony; assaults

that is to say, of any assault with on peace officers; intent to commit felony, of any assault upon any peace or to prevent the officer or revenue officer in the due execution of his duty, or arrest of offend

upon any person acting in aid of such officer ; of any assault ers; or in pursuance of a con- upon any person, with intent to resist or prevent the lawful spiracy to raise apprehension or detainer of the party so assaulting, or of any wages; punish- other person, for any offence for which he or they may be able with hard liable by law to be apprehended or detained; or of any labour.

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.

Indictment for an Assault with Intent to commit Felony. Hertfordshire, i The jurors for our lord the King, upon their

to wit. Joath present, that A. late of the parish of in the county of -labourer, on, &c. with force and arms, at the parish aforesaid in the county aforesaid, in and upon one B. did make an assault, and him the said B. then and there did beat, wound and ill-treat, with an intent [describe the intended felony] (as divers, to wit, &c. from the person of the said B. feloniously and violently to steal, take and carry away, &c.) and other wrongs to the said B. then and there did, to the great damage of the said B. against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Second Count: For a common assault.

Evidence. It is necessary in this case to prove the assault, and that it was done with intent to commit a felony.

Indictment for an Assault upon a Peace Officer, Wiltshire, 1 The jurors for our lord the King upon their to wit. joath present, that A. late of

in the county

*

of — labourer, on, &c. with force and arms, at the parish Assaults. aforesaid, in the county aforesaid, in and upon one B., the said B. then and there being one of the constables of the said 9 G. 4, c. 31. parish of - in the county aforesaid, and in the due execution of his said office, + did make an assault, and him the said B., so being such constable as aforesaid, and then and there being in the due execution of the said office, then and there did beat, wound and ill-treat, and other wrongs to the said B. then and there did, to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and

dignity.

Second Count: For a common assault.

Evidence. You must show here, that the defendant committed the offence, namely, the assault on the constable, or person aiding him, and that the constable was in the due execution of his duty. You need not prove the appointment of the officer ; it is sufficient to show that he acted in the character mentioned in the indictment; nor need it appear that the defendant knew him to be such, although proof of that fact will greatly aggravate the punishment.

Indictment for an Assault upon a Revenue Officer. Hertfordshire,] The jurors for our lord the King upon their

to wit. Joath present, that A. late of the parish of in the county of labourer on, &c. with force and arms at the parish aforesaid † in the county aforesaid, in and upon one B. the said B. being then and there an officer of our said lord the King (of his said Majesty's Excise) and then and there being in the execution of his said office $ (the particular duty

• Material,

+ Or,“ upon one B., then and there acting in aid of one C., one of the constables, &c. then and there acting in the execution of his duty as such constable, to wit, at the parish aforesaid, in the county aforesaid.” • Material.

Or, " then and there acting in aid of one C., the said C. then and there being an officer of our said lord the King, of his said Majesty's Excise, and the said C. being then and there in the execution of his said office."

с

Assaults.

9 G. 4, c. 31.

he was employed upon may be set out, but be accurate] did make an assault, and him the said B. so being such officer as aforesaid, and whilst he was in the due execution of his said office, to wit, as aforesaid, did beat, (wound) and ill-treat, to wit, on the day and year aforesaid, at the parish aforesaid, in the county, aforesaid, and other wrongs to the said B. then and there did, to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Second Count : Omitting the particular duty of the revenue officer.

Third Count : Common assault.

Evidence. The necessary evidence to prove this indictment will be, to prove the assault upon the revenue officer, and to show that at the time he was in the execution of his duty. It must of course appear that the prosecutor was a revenue officer, but proof of his appointment is not necessary, it being sufficient to show that he has acted and was acting in that capacity.

Indictment for an Assault committed with an intent to resist or

prevent the lawful apprehension or detainer of the person

assaulting Devonshire,] The jurors for our lord the King, upon their

to wit. Loath present, that A. late of the parish of - - in the county of labourer, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one B. did make an assault, and him the said B. then and there did beat, wound and ill-treat, with intent thereby then and there to resist and prevent the lawful apprehension (or, detainer) of the said A. for and in respect of a certain felony, [describe the offence generally) for the commission of which said felony the said A. was liable to be apprehended [or detained] by the said B. to wit, on the day and year (first) aforesaid, at the parish aforesaid, in the county aforesaid, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Second Count : Common assault.

Evidence. In this case you must show that the defendant committed the assault in question, and it must further appear that he did

it with the intention laid in the indictment. A ground, there- Assaults. fore, for the defendant's lawful apprehension must be laid ; and if the defendant can prove that the person alleged to have

9 G. 4, c. 31. been assaulted was not authorized by law to take him, it will be good evidence on his behalf, and he will be acquitted.

» [the trade

Indictment for an Assault committed in pursuance of a Con.

spiracy to raise the price of Wages. Hertfordshire, The jurors for our lord the King upon their

to wit. Joath present, that A., late of the parish of in the county of -, labourer, with divers other evil-disposed persons to the jurors unknown, heretofore, to wit, on, &c. and on divers other days and times next following, to wit, at the parish aforesaid, in the county aforesaid, being journeymen and workmen in the trade, mystery and manual occupation of

-] in the employment of did conspire, combine, confederate and agree together, to prevent, hinder and deter their masters and employers from retaining and taking into their employment any person as an apprentice, to be taught and instructed in the said trade, mystery and manual occupation, to wit, at the parish aforesaid, in the county aforesaid : And the jurors aforesaid, upon their oath aforesaid do further present, that afterwards, to wit, on * in the year aforesaid, the said A., so being a journeyman and workman in the employment

---as aforesaid, in pursuance of the conspiracy aforesaid, in and upon one B. unlawfully and violently did make an assault, and him the said B. then and there did beat, wound and ill-treat, and other wrongs to the said B. then and there did, to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Second count: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. on,

&c. with force and arms at the parish aforesaid, in the county aforesaid, being a journeyman and workman in the trade of aforesaid, in pursuance of a certain conspiracy before that day, to wit, on, &c. entered into by the said A. together with divers other evil disposed persons, to the jurors unknown, being journeymen and workmen in the said trade of for the purpose of raising the rate of the wages of the said A.,

-as

* Some day before the caption of the indictment.

Assaults.

9 G. 4, c. 31.

and the said other persons as last aforesaid, as such journey, men and workmen as last aforesaid, in and upon one B. did make an assault, and him the said B. did then and there beat, wound and ill-treat, and other wrongs to the said B. then and there did, to the great damage of the said B., against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.

Third count : Common assault.

prevent him

Evidence. The conspiracy to raise the rate of wages must be proved in this case, and circumstances must then be shown to con

nect the assault with the conspiracy. 9 G. 4, c. 31. Assault ou any Sect. XXVI. And be it enacted, That if any person shall seaman, &c. to unlawfully and with force hinder any seamen, keelman or from working ;

caster from working at or exercising his lawful trade, business assaults with or occupation, or shall beat, wound or use any other violence to intent to ob- him, with intent to deter or hinder him from working at or struct the buy-, exercising the same; or if any person shall beat, wound or ing or selling of grain, or its free

use any other violence to any person, with intent to deter or

hinder him from selling or buying any wheat or other grain, passage; punishable be- flour, meal or malt, in any market or other place, or shall fore two magis- beat, wound or use any other violence to any person having trates, with im

the care or charge of any wheat or other grain, flour, meal prisonment not exceeding three or malt, whilst on its way to or from any city, market town months. or other place, with intent to stop the conveyance of the same,

every such offender may be convicted thereof before two justices of the peace, and imprisoned and kept to hard labour in the common gaol or house of correction, for any term not exceeding three calendar months; provided always, that no person who shall be punished for any such offence by virtue of this provision, shall be punished for the same offence by

virtue of any other law whatsoever. Persons com

Sect. XXVII. And whereas, it is expedient that a summary mitting any

power of punishing persons for common assaults and batteries common assault

should be provided under the limitations hereinafter mentioned; or battery may be compelled by

be it therefore enacted, That where any person shall unlaw

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