7&8G.4, c.18. Proviso for traps set in houses. Arrest of clergyman during divine service. Assaults arising from combination, Violent assaults. It is a question for the jury whether an injury amounts to a grievous bodily harm. 4. Provided always, and be it further enacted, that nothing in this act shall be deemed or construed to make it a misdemeanor. within the meaning of this act, to set, or cause to be set, or to be continued set, from sunset to sunrise, any spring-gun, mantrap, or other engine which shall be set, or caused or continued to be set, in a dwelling-house for the protection thereof. 10 Geo. 4, c. 34, s. 27.-That if any person shall arrest any clergyman upon any civil process, while he shall be performing divine service, or shall, with the 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. 28. That any person shall, in consequence of any unlawful combination or conspiracy respecting any trade, business, or manufacture, or respecting any person concerned or employed therein, unlawfully and maliciously assault any person, with intent to do to such person any grievous bodily harm; every such offender shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years, and if a male, to be once, twice, or thrice privately whipped (if the court shall think fit), in addition to such imprisonment. 29. That if any person shall unlawfully and maliciously assault, beat, or wound any person, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, (a) every such offender, being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term (a) Rex v. Phillips, Timmons, and four others, Trim Lent Ass. 1830.-Indictment under the 10 Geo. 4, c. 34, s. 29, for an assault so as to endanger life, and so as to inflict grievous bodily harm, for an unlawful assembly, a riot, and common assault. The evidence was, that the prosecutor's house had been broken into, and that he had received a deep wound near the eye, and several cuts in the breast, or rather contusions. One witness, a surgeon, swore that he did not consider the wounds as dangerous to life, but that they certainly constituted a grievous bodily harm; and were of such a nature as to disable the prosecutor from working for a week. BUSHE, C. J., said, that, as to the first count, he thought no case had been made out; but that, upon the second, there was a case to go to the jury. He was not satisfied that the evidence was such as to warrant him in withholding the question. It was left to the jury to say whether there was a "grievous bodily harm."-Verdict, not guilty. not exceeding three years, and if a male, to be once, twice, or 10 G. 4, c. 34. thrice publicly or privately whipped, in addition to such impri sonment, if the court shall think fit. officers &c, for endea vouring to save ship 30. That if any person shall assault and strike or wound any Assault on 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, wrecked or effects wrecked, or stranded, or cast on shore, or lying under property. water; every such offender, being convicted thereof, shall be liable to be transported beyond the seas 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. 31. That where any person shall be charged with and convicted of any of the following offences or misdemeanors; that is to say, of any assault with intent to commit felony; of any as sault upon any peace officer or revenue officer in the due execution of his duty, or upon any person acting in aid of such offcer; 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; 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 the court shall so think fit) fine the offender, and require him to find sureties for keeping the peace. of 32. 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, malt, or potatoes, in any market or other place; or shall beat, wound, or use any other violence to any person having the care or charge any wheat or other grain, flour, meal, malt, or potatoes, whilst on the 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 what soever. Certain as saults; how punishable. Assaults with intent to preor purchase of grain. vent the sale for assault, court may order payment of prosecutor's 33. That where any person shall be convicted on any indict- On conviction ment for an assault, whether with or without battery and wounding, or either of them, such person may, if the court shall so think fit, in addition to the judgment which shall be considered proper for the offence, be ordered and adjudged to pay to the prosecutor his actual and necessary costs and expenses of prosecution, and such moderate allowance for the loss of time as the costs. 10 G. 4, c. 34. court shall, by affidavit or other inquiry and examination, ascertain to be reasonable; and unless the sum so awarded shall be sooner paid, to be imprisoned for any time not exceeding three months, in addition to the term of imprisonment (if any) to which the offender may be sentenced for the offence. Payment may be enforced by distress of offender's goods. Prosecutor a competent witness. Summary punishment for common assaults. Such certifi cate or con viction shall be a bar to any other proceedings. 34. Provided always, and be it enacted, that it shall and may be lawful for the court, by warrant under hand and seal, to order that such sum as shall be so awarded shall be levied by distress and sale of the goods and chattels of the offender, and paid to the person prosecuting, and that the surplus (if any) arising from such sale shall be paid to the owner; and in case such sum shall be so levied, the imprisonment awarded until payment of such sum shall thereupon cease. 35. That the power hereby given to award such compensation as aforesaid shall not prevent any prosecutor from being a competent witness on any indictment. 36. 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 when any person shall unlawfully assault or beat other any it shall be lawful for two justices of person, the peace, upon complaint of the party aggrieved, to hear and determine such offence; and the offender, upon conviction thereof before them, shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered), the sum of five pounds; which fine shall be paid to the treasurer or other proper officer of the infirmary of the county, city, town, or place wherein such conviction shall take place, or in case there shall not be any infirmary therein, then to the treasurer or other proper officer of such other public charity therein as such justices shall direct; and if such fine as shall be awarded by the justices, together with costs (if ordered), shall not be paid, either immediately after the conviction, or within such period as the said justices shall, at the time of the conviction, appoint, it shall be lawful for them to commit the offender to the common gaol or house of correction, there to be imprisoned for any term not exceeding two calendar months, unless such fine and costs be sooner paid; but if the justices, upon the hearing of any such case of assault or battery, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred. 37. That if any person, against whom any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as aforesaid, or having been convicted, shall have paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment 10 G. 4, c. 34. awarded for non-payment thereof; in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause. 38. Provided always, and be it enacted, that in case the justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act: provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of assault or battery, in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein, or accruing thereupon, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice. sions not to These proviapply to aggravated as saults. Punishment of master of vessel forcing a seaman on merchant shore, or refusing to home. 39. That if any master of a merchant vessel shall, during his being abroad, force any man on shore, or wilfully leave him behind in any of his majesty's colonies or elsewhere, or shall refuse to bring home with him again all such of the men whom he car ried out with him as are in a condition to return when he shall be ready to proceed on his homeward-bound voyage; every such bring him master shall be guilty of a misdemeanor, and being lawfully convicted thereof, shall be imprisoned for such term as the court shall award and all such offenees may be prosecuted by indictment or by information, at the suit of his majesty's attorney &c. general, in the court of King's Bench, sad may be alleged in the indictment or information to have been committed in the county of the city of Dublin; and the said court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information. 40. That every accessary before the fact to any felony punishable under this act, for whom no punishment has been hereinbefore provided, shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years and every accessary after the fact to any felony punishable under this act, for whom no punishment has been hereinbefore provided, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years: and every person who shall counsel, aid, or abet the commission of any misdemeanor punishable under this act, shall be liable to be proceeded against and punished as a principal offender. Mode of trial Punishment of accessaries provided for. not before 41. That all indictable offences mentioned in this act, which Offences against this act com 1 10 G. 4, c. 34. shall be committed within the jurisdiction of the Admiralty of Ireland, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed mitted at sea. upon the land in Ireland; and may be dealt with, inquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of Ireland: provided always, that nothing herein contained shall alter or af fect any of the laws relating to the government of his majesty's land or naval forces. Provision for offences pun this act by summary conviction. 42. And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this act, be it en ishable under acted, that where any person shall be charged on the oath of a credible witness, before any justice of the peace, with any such offence, the justice may summons the person charged to appear before any two justices of the peace, at a time and place to be named in such summons; and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person by delivering the same to him) the justices may either proceed to hear and determine the same ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the justice, before whom the charge shall be made, may (if he shall so think fit) issue such warrant in the first instance, without any previous summons. Limitation of summary proceedings. Form of conviction. No certiorari &c. 43. Provided always, and be it enacted, that the prosecution for every offence punishable on summary conviction by virtue of this act, shall be commenced within three calendar months after the commission of the offence, and not otherwise. 44. That the justices, before whom any person shall be summarily convicted of any offence against this act, may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require; (that is to say,) at day of in the year of [or rid Be it remembered, that on the , , [or, we adjudge the said A. O., for his Isaid offence, to forfeit and pay the sum of ] [here state the amount of the fine imposed], and also to pay the sum of for costs; and in default of immediate payment of the said sums, to be imprisoned in 'the unless the said sums shall be sooner paid, [or, and we order that the said sums shall be paid by the said 4.0. on or 'before the ]; and we direct that the said sum [i. e. the amount of the finej shall be paid to of for the space of ' and we order that the said sum of 45. That no such conviction shall be quashed for want of form, or be removed by certiorari or otherwise into any of his majesty's superior courts of record; and no warrant of commit. ment shall be held void by reason of any defect therein, provided |