9 Geo. 4, c. 31. Assaults with intent to commit

ers; or in pursuance of a con

Sect. XXV. And be it enacted, 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 felony ; assaults 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 offendupon any person acting in aid of such officer; of any assault 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 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.

labour.

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

to wit. foath 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, 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 aforesaid, in the county aforesaid, in and upon one B., the

Assaults.

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."

C

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. oath 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, therefore, for the defendant's lawful apprehension must be laid;

Assaults.

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.

Indictment for an Assault committed in pursuance of a Conspiracy to raise the price of Wages.

of

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 jour-
neymen and workmen in the trade, mystery and manual
occupation of — [the trade -] in the employment
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.

of

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

as

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.,

Some day before the caption of the indictment.

Assaults.

9 G. 4, c. 31.

9 G. 4, c. 31.

Assault on any seaman, &c. to prevent him from working; assaults with

intent to ob

struct the buying or selling of grain, or its free

passage;

punishable before two magistrates, with imprisonment not exceeding three

months.

Persons committing any

and the said other persons as last aforesaid, as such journeymen 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.

Evidence.

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

Sect. XXVI. And be it enacted, That if any person shall unlawfully and with force hinder any seamen, 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, whilst on its way to or from any city, market town 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.

Sect. XXVII. And whereas, it is expedient that a summary power of punishing persons for common assaults and batteries should be provided under the limitations hereinafter mentioned; be it therefore enacted, That where any person shall unlawbe compelled by

common assault

or battery may