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As to the assembling
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 (u) From a case upon the same repealed statute (7 Geo. 2, c. 21,) where the indictment was for assaulting with a certain offensive weapon called a wooden staff, and the evidence proved a violent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As to the assembling, it may be mentioned that upon the repealed statute (19 Geo. 2, c. 34) it was determined, that it must be deliberate, and for the purpose of committing the offence described in the statute.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Upon a clause of the repealed statute 9 Geo. 2, c. 35, s. 26, by which it was enacted, that an assault committed upon any of the officers of the customs and excise should be tried in any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 Mid
(1) 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. Leach, 343, note (a).
(x) Rex v. Cartwright, 4 T. R. 490.
CHAPTER THE ELEVENTH.
OF HINDERING THE EXPORTATION OF CORN, OR PREVENTING ITS
CIRCULATION WITHIN THE KINGDOM. The 11 Geo. 2, c. 22, s. 1, reciting that persons had assembled in of hindering great numbers, committed great violences, and done many injuries, the exportation with intent to hinder the exportation of corn, whereby many of his violence. 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.
By sec. 2, ["if any person or persons so convicted, shall commit Persons comany of the offences aforesaid, a second time;] (a)orif any person or per offences a sesons shall wilfully and maliciously pull, throw down, or otherwise cond time, or 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 (1), post, p. 122.
the corn such storehouse, granary, or other place, and take and carry away therein, or entering any
any corn, flour, meal, or grain therefrom; or shall throw abroad, or vessel, &c., spoil the same, or any part thereof; or shall unlawfully enter on and spoiling board any ship, barge, boat, or vessel, and shall wilfully and maligrain intended for exporta
ciously take and carry away, cast or throw out therefrom, or othertion, guilty of wise spoil or damage, any meal, flour, wheat, or grain, therein felony
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. (6) Persons using The 36 Geo. 3, c. 9, s. 1, reciting that persons had assembled violence to deter others
themselves in great numbers, and committed great violences, with from buying intent to hinder the passage of corn and grain from place to place, corn within
the whereby the necessary circulation of corn and grain within the kingkingdom, or stopping any
dom might be prevented; enacts, that if any person or persons shall corn, breaking [wilfully and maliciously beat, wound, or use any other violence to waggons, &c.,
or upon any person or persons with intent to deter or hinder him or carrying corn them from buying of corn or grain in any market, or other place the horses, or within this kingdom ;] (c) or shall unlawfully stop or seize any wheat, beating the
flour, malt, or other grain, in or on the way to or from any city, drivers, or scattering or
market-town, or place in this kingdom; or shall wilfully and malitaking corn, ciously break, cut, or destroy any waggon, cart, or other carriage, to be impri
wherein any such wheat, flour, meal, malt, or other grain, shall be soned.
loaded, or the harness of any horse or horses drawing or carrying
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. Persons com
By sec. 2, [“ if any such person or persons so convicted shall committing these offences a se
mit any of the offences aforesaid, a second time;] (c) or if any person cond time, or or persons with intent to prevent or hinder any corn, meal, flour, malt, with intent to
or grain, from being lawfully carried or removed from any place &c., from being whatsoever, shall wilfully and maliciously pull, throw down, or removed, de- otherwise destroy, any storehouse or granary, or other place, in stroying gra- which corn, meal, flour, malt, or grain, shall be then kept; or shall taking thero- unlawfully enter any such storehouse, granary, or other place, and
(6) Section 3 provides that attainder shall done to their properties are repealed by 7 not work corruption of blood, loss of dower, & 8 Geo. 4, c. 27 ; and so much of this or disinheritance; and by sec. 4 no person, statute as relates to any person who shall who shall be punished for any offence by beat, wound, or use any other violence to virtue of this act, shall be punished for the any person or driver, and so much thereof same offence by any other law or statute. as makes any second offence felony, is reSections 5, 6, 7, and 8, relating to actions pealed by the 9 Geo. 4, c. 31. by persons against the hundred for damages (c) Repcaled, see next page.
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 from Sr spoilgrain 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- long, and to be
transported. ration of the seven years, he or she shall suffer death as a felon without benefit of clergy. (6) 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 9 Geo. 4, c. use any other violence to any person, with intent to deter or hinder 31. Assaults him from selling or buying any wheat or other grain, flour, meal, or obstruct the malt, in any market, or other place, or shall beat, wound, or use any buying or sellother violence to any person having the care or charge of any wheat ing of grain, or other grain, flour, meal, or malt, whilst on its way to or from any passage therecity, market-town, or other place, with intent to stop the conveyance of, punishable of the same, every such offender may be convicted thereof before summarily be
fore two matwo justices of the peace, and imprisoned and kept to hard labour in
gistrates. 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 pro- portions of such imprisonment, or of such vision for the punishment of principals in imprisonment with hard labour, not exceedthe second degree and accessories. They ing one month at a time, or three months are therefore punishable, the principals in in the space of one year, as to the Court in the second degree as principals in the first its discretion shall 'seem meet; and if a degree, according to the general rule, 4 male may be once, twice, or thrice, publicly BI. Com. 38, and the accessories under the or privately whipped (if the Court shall so 7 & 8 Geo. 4, c. 28, s. 8 (ante, p. 38), and think fit) in addition to such imprisonment. s. 9, and i Vict. c. 90, s. 5 (ante, p. 65), Quære, whether the punishment for returnthat is with transportation beyond the seas ing from transportation under this act, is for the term of seven years, or imprisonment altered by the 4 & 5 Wm. 4, c. 67 ? for any term not exceeding two years, with (c) Sections 33, 4, and 5, relating to or without hard labour, in the common proceedings against the hundred for dagaol or house of correction, and the mages done to the properties of persons, by offender may be ordered to be kept in offenders against this act, are repealed by solitary confinement for any portion or the 7 & 8 Geo. 4, c. 27.
CHAPTER THE TWELFTH.
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 37 Geo. 3, any person or persons who shall in any manner or form whatsoever c. 123, s. 1, administer, or cause to be administered, or be aiding or assisting at, administering
or present at, and consenting to, the administering or taking of any felony, punish- oath or engagement, purporting or intended to bind the person able by trans- taking the same to engage any
mutinous or seditious
purpose; or portation,
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 Taking such oaths felony,
every person who shall take any such oath or engagement, not being punishable by compelled thereto, shall, on conviction, be adjudged guilty of felony, transportation and may be transported for any term not exceeding seven years." This statute is
In one case a question was made, whether the unlawful adminisnot confined hotaths admi. tering of an oath by an associated body of men to a person, purnistered for porting to bind him not to reveal or discover an unlawful combinaseditious or tion or conspiracy of persons, nor any illegal act done by them, (a) mutinous pure was within this statute; the object of the association being a conspiposes.
racy 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."