11 & 12 W. 3. c. 7. s. 9. Aggravated assaults. 9 G. 4. c. 31. 8. 23. Arresting a clergyman during divine service. S. 24. Punishment for assaults on officers, &c. for their endeavours to save ship wrecked property. S. 25. Assaults with S. 26. Assault on any buying or sel- or its free 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 "Some of the cases upon the repealed statutes may assist in the construction of the present law. Upon the repealed act 7 Geo. 2.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, 624, 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 scas, 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 shall 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 unlawfully, and with force, hinder any seaman, 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- 627, at the end of "Chapter Twelfth," insert "Chapter the Thirteenth." 18. S. 2. Proviso for traps for de stroying vermin. "The statute 7 & 8 Geo. 4. c. 18. s. 1. enacts and declares, "That 7 & 8 G. 4. c. S.3. Persons permitting guns, traps, &c. set by others, to continue, deemed to have set the same. S. 4. Proviso for guns, traps, &c. set for the protection of dwelling ANNO SEPTIMO GEORGII IV. REGIS. CAP. LXIV. An Act for improving the Administration of Criminal Justice in Eng[26 May, 1826.] land. bail on a 23 H. 6. c. 9.) 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 punishment of the guilty, without depriving the accused of any just means of defence; 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 advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That where Who may be any person shall be taken on a charge of felony or suspicion of felony, be- admitted to fore one or more justice or justices of the peace, and the charge shall be supported 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 justices raise a strong presumption of the guilt of the person charged, such person 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 presumption 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 shall notwithstanding appear to them, in either of such cases, to be sufficient 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 construed 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. 1 & 2 P. & M. c. 13. c. 10. Before any person charged with felony, &c. shall be bailed or committed, the justices shall II. And whereas it is expedient to amend and extend the provisions of two acts, the first passed in the first and second years of the reign of King Philip 2 & 3 P. & M. and Queen Mary, intituled "An act appointing an order to justices of peace for the bailment of prisoners," and the second passed in the second and third years of the same reign, intituled "An act to take examination of prisoners suspected of manslaughter or felony ;" be it therefore enacted, That the two justices of the peace, before they shall admit to bail, and the justice or justices, before he or they shall commit to prison any person arrested for felony or on suspicion of felony, shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing; and the two justices shall certify such bailment in writing; and every such justice shall have authority to bind by recognizance all such persons as know or declare any thing material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused; and such justices and justice respectively shall subscribe all such examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, take down in writing the examination, &c. and bind witnesses to appear at the trial. Examinations, &c. to be deli vered to the court. Duty of justice on charges of misdemean or. Duty of coroner. (1 & 2 P. & M. c. 13. s. 5.) Penalty on justices and coroners. (1 & 2 P. & M. c. 13. s. 5.) Provisions to apply to all justices and coroners. (1 & 2 P. & M. c. 13. s. 6.) 3 W. & M. c, 9. s. 2. III. And be it further enacted, That every justice of the peace before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof, shall take the examination of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing; before he shall commit to prison or require bail from the person so charged; and in every case of bailment shall certify the bailment in writing; and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments, and recognizances, deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, in like manner as in cases of felony. IV. And be it further enacted, That every coroner, upon any inquisition before him taken, whereby any person shall be indicted for manslaughter or murder, or as an accessory to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material; and shall have authority to bind by recognizance all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, at which the trial is to be, then and there to prosecute or give evidence against the party charged, and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper officer of the court in which the trial is to be, before or at the opening of the court. V. And be it further enacted, That if any justice or coroner shall offend in any thing contrary to the true intent and meaning of these provisions, the court to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition, ought to have been delivered, shall, upon examination and proof of the offence in a summary manner, set such fine upon every such justice or coroner as the the court shall think meet. VI. And be it further enacted, That all these provisions relating to justices and coroners shall apply to the justices and coroners not only of counties at large, but also of all other jurisdictions. VII. And whereas divers statutes, taking away the benefit of clergy, or creating felonies without benefit of clergy, have omitted to take away the benefit of clergy under certain circumstances consequent upon the indictment of the offender: And whereas a partial remedy for such defects was supplied by an act passed in the third year of the reign of King William and Queen Mary, intituled "An act to take away clergy from some offenders, and to bring other to punishment," whereby it was enacted, that if any person should |