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ASSAULT-continued. . . cution under the process of any Ct. of Jus- 96. 4.

c.31. s.29. tice. - Id. : With intent to commit fel.; pun. Impr. with H. L. 5 G. 4.

not ex. the term for which the Ct. may imp. c. 1 - for such offence, either in addition to, or in 3lieu of any other pun. which might be inflicted i on offenders before the passing of this act. pi. 5 Geo.4. c. 114. Privy Councillors.-Striking or wounding a privy 9G. 4.

councillor was by the 9 Ann. c. 16. made a

capital offence. But that stat. is repealed .:: by 9 Geo. 4. c. 31. Members of the two Houses of Parliament and

.. their servants, under 5 Hen. 4. c.6. 11 Hen.6.
Moe.ll. are repealed by id.
Clerks in Orders, under the stat. Articulo Cleri,

Jei 9 Edw.2. stat. 2. c. 3. is repealed. Id.
With weapons in a church or church-yard, under

605&6 Edw. 6. c. 4. s. 8. is repealed. Id. Mariners assaulting their commander, to hinder * him from fighting the ship, under 22 & 23

Car. 2. c. ll. repealed. Id. · But this is a

capital offence under 11 & 12 W.3. c. 7. s.9. ::which act is not repealed. Assaulting magistrates, officers and others en- s. 24.

deavouring to save wrecked property, pun. + Tr. for 7 yrs., or Impr. with or without H. L.

for so long as the Ct. shall award. Id. s. 24.

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ASSAULT—continued. 7 & 8 G.4. With intent to rob, fel. Tr. at the disc. of the c. 29.

Ct. for not less 7 yrs., or Impr. not ex. 4 yrs. and if a male, once, twice or thrice pub. or priv. W. in add. to the Impr. 7 & 8 G. 4.

c. 29. s. 6. 96.4. In pursuance of a conspiracy to raise the rate of c. 31.

wages, pun. Impr. with or without H. L. not ex. 2 yrs. and Fine, with sureties to keep

the peace. 9 Geo. 4. c. 31. s. 25. With intent to rescue.—To prevent apprehen

sion-on officers, pun. as last aforesaid,

Id. 6 G.1. With intent to destroy garments, pun. Tr. 7 yrs. c. 23.

6 Geo. 1. c. 23. s. 11.
With intent to commit a rape.—A boy under 14

cannot be conv. for this offence. Rex v. El

dershaw, 5C. & P. 7& 8 G.4. On deer-keepers and their assistants, fel. pun.

the same as for simple larc. 7 & 8 Geo. 4. c. 27. s. 29. See Larceny, post. .

Summary Conviction. 96.4. On seamen, ship carpenters, keelmen or caster, to e. 31.

hinder their working; pun. on conv. before 2 Js. P. Impr. and H. L. not ex. 3 cal. m.

Persons punished for such offences by the above act are not to be punished for the same offence by any other law. 9 Geo. 4. c. 31. s. 26.

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ASSAULT—continued.
To prevent the buying or selling, or free passage 9G4.

of grain, flour, meal, &c., pun. on conv. before
2 Js. P. Impr. and H. L. not ex. 3 cal. m. Id.

Persons thus pun. are not to be pun. for

the same offence by any other law. Id. Expences in cases of misd., when allowable. In assaults, with intent to com. fel., attempt to 76. 4.

com. fel., riot, misd., for receiving stoleno
property, upon peace officer in the exc. of
his duty, or upon any person acting in his
aid, neglect or breach of duty as peace offi-
cer, assault comm. in pursuance of any con-
spiracy to raise the rate of wages, obtaining
money under false pretences, wilful and
corrupt perjury, wilful and indecent expo-
sure of the person, subornation of perjury.

7 Geo. 4. c. 64. s. 23.
ATTORNEY,
Embezzling, &c. property entrusted to him for spe-

cial purposes, p. 8, ante, misd. pun. Tr.
not ex. 14 nor less than 7 yrs. or Fine, or Imp.

or both. See Agents, p. 8, ante. AVENUE. Unlawfully and maliciously destroying or damag- 7&8 G. 4.

ing the whole or any part of a tree, sapling
or shrub or underwood growing in any ave-
nue, &c. adjoining a dwelling-house, if the
injury done amounts to ll. fel. pun. at the

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AVENUE continued.

disc. of the Ct. Tr. 7 yrs. or Impr. not ex. 2 yrs.; if a male, once, twice or thrice pub. or priv. W. if the Ct, think fit, in add. to Impr. 7 & 8 Geo. 4. c. 30. s. 19. See Trees, post.

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76.4. c. 64.

BAIL in felony, by Justices.
One J. P. cannot take bail, on la charge of fel.

or suspicion of fel. ; he must either dismiss
the charge, or commit the accused, if there
be positive credible proof or a strong pre-
sumption of guilt. And if he thinks there
is not such presumption of guilt, and that he
ought not to dismiss the charge, then he
must order the accused party to be detained
until he is taken before two justices, 7 Geo.4.

c. 64. s.l. .... If the accused party is brought before two Js.

either in the first instance, or on being ordered to be detained by one J., the two Js. may, if they think that there is not a strong presumption of guilt, but that sufft. appears against him to make a judicial enquiry pro

per, admit him to bail. Id. And they may admit him to bail, not only if

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BAIL-continued.
no strong presumption is raised by the evi- 76.4.

c. 64.
dence adduced on the part of the prosecutor,
but also when it has been raised, but is
weakened by the evidence on the part of

the accused. Id.
But it is not compulsory on any Justice or Jus-

tices to hear evidence on the part of the ac-
cused, unless it appears to be conducive to

the aids of justice to hear it. Id. BANK NOTES. Engraving any plate of copper, &c. for making 16.4.

forged bank notes, or having any such in**
possession, fel. Tr. for 14 yrs. 1 Geo. 4.

c. 92. s. l, ...
Engraving on any plate of metal, &c. the line

work for the ground work of promissory notes
or bills of exchange, to resemble the ground
work of bank notes, or any other matter to
resemble bank notes, or having any such
plate, &c. or impression thereof in posses-
sion, or uttering or publishing any impression
thereof, fel. Tr. for 14 yrs. Id.

The Bank may proceed on an ind. for the
minor off. altho' an ind. has been found

for the capital charge. . .e BANKS. Injuries to sea, river, or canal banks, locks, flood- 7& 8 G. 4.

gates or other work, fel. pun. Tr. for life, or c. 30.

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