the life of any such person as in this section first aforesaid, shall 28 Vic. c. 3. 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. XIV. Whosoever shall unlawfully and maliciously, by any Shooting or means whatsoever, wound or cause any grievous bodily harm to attempting to any person, or shoot at any person, or by drawing a trigger, or in shoot, or wounding with any other manner, attempt to discharge any kind of loaded arms intent to do at any person, with intent, in any of the cases aforesaid, to maim, grievous disfigure or disable any person, or to do some other grievous bodily harm. 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. XV. Any gun, pistol, or other arms, which shall be loaded in What shall the barrel with gunpowder, or any other explosive substance, and constitute ball, shot, slug, or other destructive material, shall be deemed to loaded arms. be loaded arms, within the meaning of this Act, although the attempt to discharge the same may fail from want of proper prim ing or from any other cause. out weapon. XVI. Whosoever shall unlawfully and maliciously wound, or Inflicting inflict any grievous bodily harm upon any other person, either with bodily injury or without any weapon or instrument, shall be guilty of a misde- with or withmeanor, and being convicted thereof shall be liable, at the discretion 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. offence. XVII. Whosoever shall, by any means whatsoever, attempt to Attempting to choke, suffocate or strangle any other person, or shall, by any choke, &c. in means calculated to choke, suffocate or strangle, attempt to render order to commit any inany other person insensible, unconscious or incapable of resistdictable ance, 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 criminal 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. XVIII. Whosoever shall unlawfully apply, or administer to, or cause to be taken by, or attempt to apply or administer to, or attempt to cause to be administered to, or taken by, any person, 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 criminal 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 Using chloroform, &c., to commit any indictable offence. 28 Vic. c. 3. years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Maliciously administering poison, &c., so as to endanger life, &c. Maliciously XIX. Whosoever shall unlawfully and maliciously administer to, or cause to be administered to, or taken by any other person, any poison or other destructive 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. XX. Whosoever shall unlawfully and maliciously administer administering to, or cause to be administered to, or taken by any other person, poison, &c. any poison or other destructive or noxious thing, with intent to with intent to injure, injure, aggrieve or annoy such person, shall be guilty of a misaggrieve or demeanor, and being convicted thereof shall be liable, at the disannoy any cretion of the Court, to be kept to penal servitude for the term of other person. three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. If the Jury be not satisfied that any person charged is guilty of felony, but guilty of misdemeanor, they may find him guilty accordingly. Not providing apprentices or servants with food, &c., whereby life endangered. Exposing children whereby life endangered. Causing bodily injury by gunpowder. XXI. If, upon the trial of any person for any felony in the last but one preceding section mentioned, the Jury shall not be satisfied that such person is guilty thereof, but shall be satisfied that he is guilty of any misdemeanor in the last preceding section mentioned, then, and in every such case, the Jury may acquit the accused of such felony, and find him guilty of such misdemeanor, and thereupon he shall be liable to be punished in the same manner as if convicted of such misdemeanor. XXII. Whosoever, being legally liable, either as a master or mistress, to provide for any apprentice or servant necessary food, clothing, or lodging, shall wilfully and without lawful excuse refuse or neglect to provide the same, or shall unlawfully and maliciously do, or cause to be done, any bodily harm to any such apprentice or servant, so that the life of any such apprentice or servant shall be endangered, or the health of such apprentice or servant shall have been, or shall be likely to be, permanently injured, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion 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. XXIII. Whosoever shall unlawfully abandon, or expose any child, being under the age of two years, whereby the life of such child shall be endangered, or the health of such child shall have been, or shall be likely to be permanently injured, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion 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. XXIV. Whosoever shall unlawfully and maliciously, by the explosion of gunpowder, or other explosive substance, burn, maim, disfigure, disable or do any grievous bodily harm to 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 impri soned for any term not exceeding two years, with or without hard 28 Vic. c. 3. labour, and with or withour solitary confinement; and if a male under the age of sixteen years, with or without whipping. person an XXV. Whosoever shall unlawfully and maliciously cause any Causing gungunpowder or other explosive substance to explode, or send or powder to exdeliver to, or cause to be taken or received by, any person any sending to any plode, or explosive substance, or any other dangerous or noxious thing, or put or lay at any place, or cast, or throw at, or upon, or other- explosive wise apply to any person, any corrosive fluid, or any destructive substance, or or explosive substance, with intent, in any of the cases aforesaid, throwing corrosive fluid on to burn, maim, disfigure or disable any person, or to do some a person grievous bodily harm to any person, shall, whether any bodily with intent to injury be effected or not, be guilty of felony, and being convicted do grievous thereof shall be liable, at the discretion of the Court, to be kept in bodily harm. 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; and if a male under the age of sixteen years, with or without whipping. intent to do XXVI. Whosoever shall unlawfully and maliciously place, or Placing gunthrow in, into, upon, against, or near any building, ship, or vessel, powder near a any gunpowder, or other explosive substance, with intent to do building, with any bodily injury to any person, shall, whether or not any explo- bodily injury sion take place, and whether or not any bodily injury be effected, to any person. 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 fourteen years, and 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; and if a male under the age of sixteen years, with or without whipping. bodily harm. XXVII. Whosoever shall set or place, or cause to be set or Setting spring placed, any spring gun, man trap, or other engine, calculated to guns, &c., with destroy human life, or inflict grievous bodily harm, with the intent intent to inflict grievous that the same, or whereby the same, may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion 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. And whosoever shall, knowingly and wilfully, permit any such spring gun, man trap, or other engine, which may have been set or placed in any place, then being in, or afterwards coming into, his possession or occupation, by some other person, to continue to so set, or place, shall be deemed to have set and placed such gun, trap, or engine, with such intent as aforesaid: Provided that nothing in this section contained shall extend to make it illegal to set or place any gun or trap, such as may have been, or may be usually set or placed, with the intent of destroying vermin; Provided also, that nothing in this section shall be deemed to make it unlawful to set or place, or cause to be set or placed, or to be continued set or placed, from sunset to sunrise, any spring gun, man trap, or other engine, which shall be set or placed in a dwelling-house, for the protection thereof. 28 Vic. c. 3. Drivers of carriages injuring persons by furious driving Assaulting a clergyman or other minister in the discharge of his duties. Assaulting a Assault with intent to commit felony, or on peace officers, &c. Assaults arising from combination. Persons committing any XXVIII. Whosoever, having the charge of any carriage or vehicle, shall, by wanton or furious driving, or racing or other wilful misconduct, or by wilful neglect, do, or cause to be done, any bodily harm to any person whatsoever, 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. ASSAULTS. XXIX. Whosoever shall, by threats or force, obstruct or prevent or endeavour to obstruct or prevent any clergyman or other minister, in or from celebrating Divine Service, or otherwise officiating in any church, chapel, meeting-house, or other place of divine worship, or in, or from the performance of his duty in the lawful burial of the dead, in any church yard, or other burial place, or shall strike, or offer any violence to, or shall, upon any civil process, or under the pretence of executing any civil process, arrest any clergyman, or other minister, who is engaged in, or, to the knowledge of the offender, is about to engage in any of the rites or duties in this section aforesaid, or who, to the knowledge of the offender, shall be going to perform the same, or returning from the performance thereof, 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. XXX. Whosoever shall assault and strike or wound any magistrate, officer, or other person, whatsoever, lawfully authorized in, or on account of, the exercise of his duty in, or concerning the preservation of any vessel in distress, or of any vessel, goods, effects wrecked, stranded or cast on shore, or lying under water, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. XXXI. Whosoever shall assault any person, with intent to commit felony, or shall assault, resist or wilfully obstruct any peace officer in the due execution of his duty, or any person acting in aid of such officer, or shall assault any person, with intent to resist or prevent 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. XXXII. Whosoever, in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting 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. XXXIII. Where any person shall unlawfully assault or beat any other person, any Police or acting Police Magistrate, or other 28 Vic. c. 3. salaried Magistrate, or any two other Justices of the Peace, upon complaint by or on behalf of the party aggrieved, may hear and common asdetermine such offence, and the offender shall, upon conviction sault or battery thereof, before him or them, at the discretion of the Magistrate or may be imother Justices, either be committed to any lawful prison within prisoned, or compelled by the Colony, there to be imprisoned with or without hard labour, two Magisfor any term not exceeding two months, or else shall forfeit and trates to pay pay such fine as shall appear to them to be meet, not exceeding, fine and costs together with costs (if ordered), the sum of five pounds; and if not exceeding £5. 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 Magistrates or Justices shall at the time of the conviction appoint, they may commit the offender to any lawful prison within the Colony, there to be imprisoned with or without hard labour for any term not exceeding two months, unless such fine and costs be sooner paid. saults on fined. XXXIV. When any person shall be charged before any such Persons conMagistrate as aforesaid, or before any two Justices of the Peace, victed of agwith an assault or battery upon any male child, whose age shall gravated asnot, in the opinion of such Justices, exceed fourteen years, or upon females and any female, either upon the complaint of the party aggrieved, or boys under otherwise, the said Magistrate or Justices, if the assault or battery fourteen years is of such an aggravated nature that it cannot, in their opinion, of age may be be sufficiently punished under the provisions hereinbefore con- imprisoned or tained as to common assaults and batteries, may proceed to hear and determine the same in a summary way, and, if the same be proved, may convict the person accused; and every such offender shall be liable to be imprisoned in any lawful prison of the Colony, 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 any lawful prison of the Colony, 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. make out a XXXV. If the Magistrate or Justices, upon the hearing of any If the Magissuch case of assault or battery upon the merits, where the com- trates dismiss plaint was preferred by, or on the behalf of the party aggrieved, the complaint under either of the last two preceding sections, shall deem the they shall offence not to be proved, or shall find the assault or battery to have certificate to been justified, or so trifling as not to merit any punishment, and that effect. shall accordingly dismiss the complaint, he or they shall forthwith make out a certificate under his or their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred. XXXVI. If any person against whom any such complaint, as Certificate or in either of the last three preceding sections mentioned, shall have conviction been preferred by, or on the behalf of the party aggrieved, shall shall be a bar have obtained such certificate or, having been convicted, shall have to any other proceedings. paid the whole amount adjudged to be paid, or shall have suffered the imprisonment, or imprisonment with hard labour awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause. |