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ASSAULT-continued.

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c.31.s.29.

cution under the process of any Ct. of Jus- 9 G. 4. 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. for such offence, either in addition to, or in

lieu of any other pun. which might be inflicted វ on offenders before the passing of this act. 1 5 Geo. 4. c. 114.

c. 114.

c. 31.

Privy Councillors.-Striking or wounding a privy 9 G. 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 is repealed by 9 Geo. 4.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.
. 11. are repealed by id.

e.

Clerks in Orders, under the stat. Articulo Cleri,

9 Edw.2. stat. 2. c. 3. is repealed. Id. With weapons in a church or church-yard, under 5 & 6 Edw. 6. c. 4. s. 8. is repealed. Id. Mariners assaulting their commander to hinder

him from fighting the ship, under 22 & 23 iCar. 2. c. 11. repealed.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 which act is not repealed.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.

ASSAULT-continued.

7 & 8 G.4. With intent to rob, fel. Tr. at the disc. of the

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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.

pursuance of a conspiracy to raise the rate of 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.

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6 G. 1. c. 23.

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-To prevent apprehen

on officers, pun. as last aforesaid,

With intent to destroy garments, pun. Tr. 7 yrs.

6 Geo. 1. c. 23. s. 11.

With intent to commit a rape.-A boy under 14

cannot be conv. for this offence.

dershaw, 5C. & P.

Rex v. El

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

c. 27.

9 G. 4. e. 31.

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

Summary Conviction.

On seamen, ship carpenters, keelmen or caster, to 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.

ASSAULT-continued.

c. 31.s.26.

To prevent the buying or selling, or free passage 9 G. 4. of grain, flour, meal, &c., pun. on conv. before 2 Js. P. Impr. and H. L. not ex. 3 cal. m. Id.

c. 64.

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 7 G. 4. com. fel., riot, misd., for receiving stolen 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 officer, assault comm. in pursuance of any conspiracy to raise the rate of wages, obtaining money under false pretences, wilful and corrupt perjury, wilful and indecent exposure 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.

c. 30.

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 avenue, &c. adjoining a dwelling-house, if the injury done amounts to 17. fel. pun. at the

7 & 8 G. 4. c. 30.

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.

7 G. 4. c. 64.

B.

BAIL in felony, by Justices.

One J. P. cannot take bail on a 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 presumption 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. 1.

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 proper, admit him to bail. Id.

And they may admit him to bail, not only if

BAIL-continued.

c. 64.

no strong presumption is raised by the evi- 7G. 4.
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.

c. 92.

Engraving any plate of copper, &c. for making 1 G. 4. forged bank notes, or having any such in possession, fel. Tr. for 14 yrs. 1 Geo. 4.

c. 92. s. 1.

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.

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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