As to the assembling. Indictment in any county in England. on the head with it, so as to cut his head and make it bleed; and two of the prisoner's comrades afterwards came up and beat the prosecutor on the head with similar sticks. Holroyd, J., told the jury, that as the prisoner had used the stick as a weapon of offence, he thought it ought to be considered as an offensive weapon; and the jury having convicted the prisoner, the judges agreed with Holroyd, J., and held the conviction right. (t) And in a similar case on the 9 Geo. 4, c. 69, s. 9, (the Night Poaching Act,) it was held to be a question for the jury whether the prisoner had taken out a stick, large enough to be called a bludgeon, which he, being lame, was in the habit of using as a crutch, with intent to use it as an offensive weapon, or merely for the purpose to which he usually applied it. (u) From a case upon the same repealed statute (7 Geo. 2, c. 21,) where the indictment was for assaulting with a certain offensive weapon called a wooden staff, and the evidence proved a violent blow with a great stone, as it was holden that the conviction of the prisoner was proper, it appears to follow that both a wooden staff and a great stone were considered as offensive weapons within the meaning of that statute. (v) As to the assembling, it may be mentioned that upon the repealed statute (19 Geo. 2, c. 34) it was determined, that it must be deliberate, and for the purpose of committing the offence described in the statute. So that where a set of drunken men came from an alehouse, and hastily set themselves to carry away some Geneva which had been seized by the excise officers, it was thought very questionable whether the object which the Legislature had in view could be extended to such a case; and the Court said, that the words of the statute manifestly alluded to the circumstance of great multitudes of persons coming down upon the beach of the sea for the purpose of escorting uncustomed goods to the places designed for their reception. (w) Upon a clause of the repealed statute 9 Geo. 2, c. 35, s. 26, by which it was enacted, that an assault committed upon any of the officers of the customs and excise should be tried in any county in England, in such manner and form, as if the offence had been therein committed, it was decided that the provision extended only to revenue officers, qua officers: and a defendant having been found guilty, on an indictment, of a common assault on the prosecutor, who was an excise officer, the Court of King's Bench arrested the judgment, though the prosecutor was described to be an excise officer, the offence being laid in Surrey, and the venue in Middlesex. (x) (t) Rex v. Johnson, Mich. T. 1822. Russ. & Ry. 492. (u) Rex v. Palmer, M. & Rob. 70. Taunton, J. See post, Book, ii. Chap. 39. (v) Sherwin's case, Oakham, 1785, 1 East, P. C. c. 8, s 13, p. 421. The ground upon which the judges held in this case, that the evidence was sufficient to maintain the charge in the indictment, was that the weapon laid in the indictment, and the weapon proved, produce the same sort of mischief, viz., by blows and bruises; and that the description would have been sufficient in an indictment for murder. (w) Hutchinson's case, 1 Leach, 343. The Court offered the Attorney-General a special verdict upon this case: but he declined to take it, and the prisoners were acquitted. This construction of the statute as to the assembling being deliberate, and for the purpose of committing the offence, is stated to have been adopted by Willes, J., and Hotham, B., in Spice's case, Old Bailey, December 1785, and by Heath, J., in Gray's case, Old Bailey, July in the same year. I Leach, 343, note (a). (x) Rex v. Cartwright, 4 T. R. 490. CHAPTER THE ELEVENTH. OF HINDERING THE EXPORTATION OF CORN, OR PREVENTING ITS THE 11 Geo. 2, c. 22, s. 1, reciting that persons had assembled in great numbers, committed great violences, and done many injuries, with intent to hinder the exportation of corn, whereby many of his Majesty's subjects had been deterred from buying corn and grain, and following their lawful business therein, to their great loss and damage, as well as to the great damage and prejudice of the farmers and landholders of this kingdom, and of the nation in general, enacts, “that if any person or persons [shall wilfully and maliciously beat, wound, or use any other violence to or upon any person or persons, with intent to deter or hinder him or them from buying of corn or grain in any market, or other place within this kingdom;](a) or shall unlawfully stop or seize upon any waggon, cart, or other carriage, or horse loaded with wheat, flour, meal, malt, or other grain, in or on the way to or from any city, market town, or sea-port, of this kingdom; and wilfully and maliciously break, cut, separate, or destroy, the same or any part thereof, or the harness of the horses drawing the same; or shall unlawfully take off, drive away, kill, or wound, any of such horses; [or unlawfully beat or wound the driver or drivers of such waggon, cart, or other carriage, or horse, so loaded, in order to stop the same;] (a) or shall by cutting of the sacks, or otherwise, scatter or throw abroad such wheat, flour, meal, malt, or other grain; or shall take or carry away, spoil or damage, the same, or any part thereof;" such offenders, being convicted before two justices of the peace of the county, &c. in which the offence is committed, or before the justices of the peace in open sessions, (who are thereby authorized and empowered summarily and finally to hear and determine the same,) shall be sent to the common gaol, or to the house of correction, there to be kept to hard labour for any time not exceeding three months, nor less than one month; and shall by the same justices be also ordered to be once publicly whipped by the master or keeper of the gaol or house of correction in such city, markettown, or sea-port, in or near to which such offence shall be committed, at the market-cross or market-place there, between the hours of eleven and two o'clock. Of hindering the exportation violence. of corn by By sec. 2, ["if any person or persons so convicted, shall commit Persons comany of the offences aforesaid, a second time;] (a) or if any person or per- offences a semitting these sons shall wilfully and maliciously pull, throw down, or otherwise destroy, any storehouse or granary, or other place where corn shall destroying be then kept in order to be exported; or shall unlawfully enter any (a) Repealed, see note (b), post, p. 122. cond time, or granaries or the corn therein, or entering any vessel, &c., and spoiling grain intended for exporta tion, guilty of felony. Persons using violence to deter others from buying corn within the kingdom, or stopping any corn, breaking waggons, &c., carrying corn, or taking off the horses, or beating the drivers, or scattering or taking corn, to be imprisoned. Persons committing these offences a second time, or with intent to prevent corn, such storehouse, granary, or other place, and take and carry away any corn, flour, meal, or grain therefrom; or shall throw abroad, or spoil the same, or any part thereof; or shall unlawfully enter on board any ship, barge, boat, or vessel, and shall wilfully and maliciously take and carry away, cast or throw out therefrom, or otherwise spoil or damage, any meal, flour, wheat, or grain, therein intended for exportation;" every such offender being convicted, shall be adjudged guilty of felony, and transported for seven years; and if such offender shall return before the expiration of the seven years, he or she shall suffer death as a felon without benefit of clergy. (b) The 36 Geo. 3, c. 9, s. 1, reciting that persons had assembled themselves in great numbers, and committed great violences, with intent to hinder the passage of corn and grain from place to place, whereby the necessary circulation of corn and grain within the kingdom might be prevented; enacts, that if any person or persons shall [wilfully and maliciously beat, wound, or use any other violence to or upon any person or persons with intent to deter or hinder him or them from buying of corn or grain in any market, or other place within this kingdom;] (c) or shall unlawfully stop or seize any wheat, flour, malt, or other grain, in or on the way to or from any city, market-town, or place in this kingdom; or shall wilfully and maliciously break, cut, or destroy any waggon, cart, or other carriage, wherein any such wheat, flour, meal, malt, or other grain, shall be loaded, or the harness of any horse or horses drawing or carrying the same; or shall unlawfully take off from any such carriage, or drive away, kill, or wound, any such horse or horses; [or unlawfully beat or wound the driver or drivers of any such waggon, cart, or such other carriage or horse so loaded, with intent to stop such wheat, flour, meal, malt, or other grain ;] (c) or shall, by cutting of the sacks or otherwise, scatter or throw abroad any such wheat, flour, meal, malt, or other grain; or shall take or carry away, destroy, spoil, or damage, the same or any part thereof;" such offenders being convicted before two justices of the peace of the county, &c., wherein the offence is committed, or before the justices of the peace in open sessions, (who are thereby authorized and empowered summarily and finally to hear and determine the same,) shall be sent to the common gaol, or house of correction, to be kept to hard labour for any time not exceeding three months, nor less than one month. By sec. 2, ["if any such person or persons so convicted shall commit any of the offences aforesaid, a second time ;] (c) or if any person or persons with intent to prevent or hinder any corn, meal, flour, malt, or grain, from being lawfully carried or removed from any place &c., from being whatsoever, shall wilfully and maliciously pull, throw down, or otherwise destroy, any storehouse or granary, or other place, in which corn, meal, flour, malt, or grain, shall be then kept; or shall taking there- unlawfully enter any such storehouse, granary, or other place, and removed, de stroying gra naries, &c., or (b) Section 3 provides that attainder shall not work corruption of blood, loss of dower, or disinheritance; and by sec. 4 no person, who shall be punished for any offence by virtue of this act, shall be punished for the same offence by any other law or statute. Sections 5, 6, 7, and 8, relating to actions by persons against the hundred for damages done to their properties are repealed by 7 & 8 Geo. 4, c. 27; and so much of this statute as relates to any person who shall beat, wound, or use any other violence to any person or driver, and so much thereof as makes any second offence felony, is repealed by the 9 Geo. 4, c. 31. (c) Repealed, see next page. same, or enter taking there. from or spoil transported. take and carry away any corn, flour, meal, malt, or grain, therefrom; from corn, &c., or shall throw abroad or spoil the same or any part thereof; or shall or spoiling the unlawfully enter on board any ship, barge, boat, or vessel, and wil- ing any ship, fully and maliciously take and carry away, cast, or throw out there- barge, &c., and from, or otherwise spoil or damage, any corn, flour, meal, malt, or grain therein;" every person so offending, and being convicted, shall ing corn, ac, be adjudged guilty of felony, and be transported for seven years; guilty of feand if such offender shall return into this kingdom before the expi-lony, and to be ration of the seven years, he or she shall suffer death as a felon without benefit of clergy. (b) The section further provides that attainder shall not work corruption of blood, loss of dower, or disinheritance of heirs. And by the sixth section it is provided that nothing contained in the act shall abridge or take away any provision already made by the law of the realm, for the suppression or punishment of any offence whatsoever, mentioned or described in this act; and it is provided also, that no person who shall be punished by virtue of this act shall be punished for the same offence by virtue of any other law or statute whatsoever. (c) So much of this statute as relates to any person who shall beat, wound, or use any other violence to any person or driver and so much thereof as makes any second offence felony is repealed by the 9 Geo. 4, c. 31, but other provisions are made for the punishment of offences of this description. The 26th section enacts, "that 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." (b) This act contains no express provision for the punishment of principals in the second degree and accessories. They are therefore punishable, the principals in the second degree as principals in the first degree, according to the general rule, 4 Bi. Com. 38, and the accessories under the 7 & 8 Geo. 4, c. 28, s. 8 (ante, p. 38), and s. 9, and 1 Vict. c. 90, s. 5 (ante, p. 65), that is with transportation beyond the seas for the term of seven years, or imprisonment for any term not exceeding two years, with or without hard labour, in the common gaol or house of correction, and the offender may be ordered to be kept in solitary confinement for any portion or portions of such imprisonment, or of such (c) Sections 3, 4, and 5, relating to 9 Geo. 4, c. 31. Assaults obstruct the buying or selling of grain, passage thereof, punishable summarily begistrates. with intent to or the free fore two ma CHAPTER THE TWELFTH. 37 Geo. 3, felony, punish- portation. Taking such oaths felony, punishable by transportation. This statute is not confined to the admi. nistered for seditious or mutinous purposes. OF ADMINISTERING OR TAKING UNLAWFUL OATHS. THE 37 Geo. 3, c. 123, s. 1, recites, that wicked and evil disposed persons had attempted to seduce his Majesty's forces and subjects from their duty and allegiance, and to incite them to acts of mutiny and sedition; and had endeavoured to give effect to their wicked and traitorous proceedings, by imposing upon the persons whom they had attempted to seduce the pretended obligation of oaths unlawfully administered. From this preamble it appears as if the statute were mainly directed against combinations for purposes of mutiny and sedition: but in the enacting part, after dealing with offences of that description, it goes on in much more extensive terms, and embraces other more general objects. It enacts, "that any person or persons who shall in any manner or form whatsoever administer, or cause to be administered, or be aiding or assisting at, or present at, and consenting to, the administering or taking of any oath or engagement, purporting or intended to bind the person taking the same to engage in any mutinous or seditious purpose; or to disturb the public peace; or to be of any association, society, or confederacy, formed for any such purpose; or to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander, or other person not having authority by law for that purpose; or not to inform or give evidence. against any associate, confederate, or other person; or not to reveal or discover any unlawful combination or confederacy; or not to reveal or discover any illegal act done or to be done; or not to reveal or discover any illegal oath or engagement which may have been administered or tendered to, or taken by such person or persons, or to or by any other person or persons, or the import of any such oath or engagement;" shall on conviction be adjudged guilty of felony, and be transported for any term not exceeding seven years; "and every person who shall take any such oath or engagement, not being compelled thereto, shall, on conviction, be adjudged guilty of felony, and may be transported for any term not exceeding seven years." In one case a question was made, whether the unlawful administering of an oath by an associated body of men to a person, pur porting to bind him not to reveal or discover an unlawful combination or conspiracy of persons, nor any illegal act done by them, (a) was within this statute; the object of the association being a conspiracy to raise wages and make regulations in a certain trade, and not to stir up mutiny or sedition. It was contended, that the words of (a) The oath was, " You shall be true to every journeyman shearman, and not to hurt any of them, and you shall not divulge any of their secrets; so help you God." |