c. 100.

24 & 25 Vict. meal, malt, or potatoes, in any market or other place, or shall beat or use any such violence or threat to any person having the care or charge of 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--[Imprisonment with hard labour not exc. 3 months (g):-no person to be punished again for the same offence under another Act.]

Assaults on seamen, &c.

Common assault.

Aggravated assaults.

40. Whosoever shall unlawfully and with force hinder or prevent any seaman, keelman, or coster from working at or exercising his lawful trade, business, or occupation,—or shall beat or use any violence to any such person, with intent to hinder or prevent him from working at or exercising the same

[Imprisonment with hard labour not exc. 3 months (g):-no person to be punished again for the same offence under another law.]

41. ["Combination" repealed by 34 & 35 Vict. c. 32. See "MASTERS AND SERVANTS," post.]

42. Where any person shall unlawfully assault or beat any other person (h), two justices. . . . upon complaint by or on behalf of the party aggrieved, may hear and determine such offence[Imprisonment not exc. 2 months, with or without hard labour (g);—or Penalty not exc. with costs £5 (i.]

43. When any person shall be charged before two justices with an assault or battery on any male child whose age shall not in the opinion of such justices exceed 14 years, or upon any female, either upon the complaint of the party aggrieved or otherwise, the said justices, if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions herein-before contained as to common assaults and batteries, may proceed to hear and determine the same in a summary way, and, if the same be proved, may convict the person accused

[Imprisonment not exc. 6 months, with or without hard labour; or Penalty not exc. with costs £20; and in either case may be bound over to keep the peace for a further term not exc. 6 months (k).]

(1) Procedure (s. 76, under 11 & 12 Vict. c. 43) within 6 months; 2 justices (s. 76). Appeal, none.

(h) On a summons under the Municipal Corporation Act, for assaulting a constable in the execution of his duty, the accused cannot be convicted of a common assault under this section (K. v. Brickhall, 33 L. J. M.C. 156; 10 Jur. N. S. 677; 10 L. T. N. S. 385).

(i) Procedure as in note (g), supra. Penalty enforced by imprisonment, with or without hard labour, not exc. 2 months (s. 42), subject to Small Penalties Act (Introd. p. 32): Payable to county treasurer (Introd. p. 38).

(4) Procedure (s. 76, under 11 & 12 Vict. c. 43) within 6 months (Introd. p. 23); 2 justices (s. 76). Penalty enforced by imprisonment not exc. 6 months (s. 43), subject to Small Penalties Act (Introd. p. 32): Payable to county treasurer (Introd. p. 38). Appeal, none.-This section does not appear to authorize justices in calling upon the defendant to find sureties in addition to the penalty or imprisonment, but merely to be bound himself.

c. 100.

44, 45. [If the justices dismiss the complaint, they shall make 24 & 25 Vict. out a certificate to that effect, and deliver it to the defendant; and such certificate or the conviction shall be a bar to any Certificate of further proceedings (1).]

46. [If the justices find that the assault or battery was accompanied by an attempt to commit a felony, or are of opinion that it is a fit subject for a prosecution by indictment, they shall deal with the case as if they had no authority finally to hear and determine the same.]

dismissal (1).

diction.

[Justices shall not hear and determine any case of assault or Ouster of jurisbattery in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein or accruing therefrom (m), or as to any bankruptcy or insolvency, or any execution under the process of any court of justice.] 47. [Punishment or indictment for assault.]

Where any person is convicted (n) of any assault on any 34 & 35 Vict. constable when in the execution of his duty

[Penalty not exc. £20; in default, or in first instance, Imprisonment not exc. 6 months, with or without hard labour;-after previous conviction within 2 years, Imprisonment not exc. 9 months, with or without hard labour (0).]

(1) A previous summary conviction under sect. 42 is not a bar to a subsequent indictment for manslaughter upon the death of the man assaulted consequent upon the same assault (R. v. Morris, 36 L. J. M. C. 84; 10 Cox, C. C. 480; 16 L. T. N. S. 636; L. R. 1 C. C. R. 90; 31 J. P. 516). A conviction before a magistrate can only be proved by the production of the record of conviction, or an examined copy of it. Therefore, where a magistrate in a case of a common assault ordered the accused to enter into recognizances and pay the fee, but did not order him to be imprisoned or to pay any fine, and an action having been subsequently brought, it was held that the above was not a conviction within the meaning of this section, and was not a bar to the action; and that the conviction, if any, was not proved (Hartley v. Hindmarsh, L. R. 1 C. P. 553; 14 L. T. N. S. 795: 35 L. J. M. C. 255). Where an assault charged in an indictment, and that referred to in a certificate of dismissal, appear to have been on the same day, it is primâ facie evidence that they are one and the same assault, and it is incumbent on the prosecutor to show that a second assault occurred on the same day, if he alleges it. The recital in the certificate of the fact of a complaint having been made, and of a summons having been issued, is sufficient evidence of those facts (R. v. Westley, 11 Cox, C. C. 139; 32 J. P. 487).

(m) The power given by s. 42 is ousted in any case where a question as to the title to land arises, and the defendant cannot in such a case be convicted for using more violence than is necessary (R. v. Pearson, 39 L. J. M. C. 76; 11 Cox, C. C. 493; L. R. 5 Q. B. 237; 22 L. T. N. S. 126). But if a complaint of assault can be decided without deciding a question of interest in land, the justices have jurisdiction (R. v. Edwards, 26 L. T. 257 ; 20 J. P. 68). See also Introd. p. 20.

(n) This does not give any fresh jurisdiction, but merely extends the punishment where justices already have jurisdiction to convict. It does not apply to "resisting" constables. See also "CONSTABLES," "CANALS," "POLICE." (6) Procedure.-Within 6 months; 2 justices (s. 17). Penalties enforced by imprisonment as above, subject to Small Penalties Act (Introd. p. 32): Payable to county treasurer (Introd. p. 58). Appeal, none.

c. 112, s. 9. Assaults on constables.

Assault on police constables when not engaged in the execution of their duty, see note infra (p).

Indecent assault on females is a Misdemeanor at common law(q). See also" MALICIOUS INJURIES (PERSON)," S. 52, post. Indecent assault on male persons, Id. s. 62, post.

Attempts to commit Crimes.

Attempting to commit a felony, whether statutable or at common law (r), is a Misdemeanor at common law (s).

Attempting to commit a Misdemeanor (t) is a Misdemeanor (q). Attempting to obtain money by false pretences is a Misdemeanor at common law; See also 24 & 25 Vict. c. 96, s. 88 (u). See also "MALICIOUS INJURIES," post, and the different titles throughout this work.

Autrefois Acquit.

"Autrefois acquit" is a plea in bar by a person indicted of an offence that he has been heretofore lawfully acquitted of the same offence (1 Chitty, Cr. L. 452; 4 Co. 40; 3 Inst. 213). This does not prevent a person indicted for felony or misdemeanor being found guilty of an attempt to commit the same, if it appear to the jury upon the evidence that the defendant did not complete the offence charged, but that he was guilty of the attempt only; and he shall be liable to be punished in the same

(p) A police constable, though he may not be bound to assist an occupier to put out from his house an intruder, may lawfully do so; and if he sustains violence in so doing, the party inflicting such violence, though he may not be indictable for assaulting a police constable in the execution of his duty, will be liable to a conviction for an assault (R. v. Roxburgh, 12 Cox, C. C. 8); and see note (f), p. 73.

(7) Triable at Sessions. Bail Compulsory. No Costs.

(r) See R. v. Cheeseman, 31 L. J. M. C. 89; 1 L. & C., C. C. 140; 5 L. T. N. S. 717; Cox, C. C. 100; 8 Jur. N. S. 143; 26 J. P. 163; R. v. Collins, 9 Cox, C. C. 497; 10 Jur. N. S. 686; 10 L. T. N. S. 581; 33 L. J. M. C. 177; 1 L. & C., C. C. 471; 28 J. P. 436; R. v. Gregory, 10 Cox, C. C. 459; 36 L. J. M. C. 60; 16 L. T. N. S. 388; L. R. 1 C. C. R. 77; 31 J. P. 453. (s) Triable at Sessions. Bail Discretionary. Costs allowed. (t) See R. v. Roderick, 7 C. & P. 795. (u) Triable at Sessions. Bail Discretionary. No Costs.-In R. v. Hensler, 22 L. T. N. S. 691; 34 J. P. 533, the prosecutor received by post a begging letter, and though he knew that the statements contained in it were untrue, he sent the prisoner 5s., it was held that he was properly convicted, Kelly, C.B., stating his opinion that as soon as the letter was put into the post the offence was committed.

manner as if he had been convicted upon an indictment for attempting to commit the particular felony or misdemeanor charged in the indictment; but no person so tried as herein lastly mentioned shall be liable to be afterwards prosecuted for an attempt to commit the felony or misdemeanor for which he was so tried (14 & 15 Vict. c. 100, s. 9).

A person tried for misdemeanor shall not be acquitted if the offence turn out to be felony, unless the Court so direct (Id. s. 12). By the 24 & 25 Vict. c. 96, s. 72 (" LARCENY," post), a person indicted for embezzlement as a clerk, &c., shall not be acquitted if the offence turn out to be larceny, and vice versâ.

Certificate of dismissal on assault, sce " ASSAULTS," ante, p. 75.

Interpretation.

Hours of employ. ment.

Painting, washing, &c.

Orders.

Bakehouses.

26 & 27 VICT. C. 40.

1. [Short Title: "Bakehouse Regulation Act, 1863."] 2. "Local authority "(x) shall, as respects any place, mean the persons or bodies of persons defined to be the local authority in that place. in England by the 18 & 19 Vict. c. 121, and 23 & 24 Vict. c. 77:-"bakehouse" shall mean any place in which are baked bread, biscuits, or confectionery, from the baking or selling of which a profit is derived :-" employed," as applied to any person, shall include any person working in a bakehouse, whether he receives wages or not :- -"occupier" shall include any person in possession:-"the Court" shall include any justice or justices (y), magistrate or magistrates to whom jurisdiction is given by this Act.

in

...

3. No person under the age of 18 years shall be employed any bakehouse between the hours of 9 of the clock at night and 5 of the clock in the morning

[Penalty on the occupier, for each person so employed, not exc. £2: 2nd offence, not exc. £5: 3rd offence, not exc. £1 for each day of continuing the offence; so that no penalty exceed £10 (z).]

4. [The inside walls and ceiling, or top of every bakehouse in any city or place of more than 5000 persons, with the passages and staircases, shall be painted with oil, to be renewed once at least in 7 years, and washed with hot water and soap every 6 months, or be limewashed once at least in every 6 months,-or partly painted and partly limewashed; and every bakehouse shall be kept clean, effectually ventilated, and free from effluviaPenalty on occupier, not exc. £5 (z).]

[The Court may, in addition to or instead of a penalty, order that within a certain time certain means shall be adopted by the occupier to bring his bakehouse into conformity with this section; and the Court may, upon application, enlarge such time; but any non-compliance with the order of the Court shall after the expiration of such time be deemed a continuing offence

[Penalty not exc. £1 for every day that such non-compliance continues (*).]

(x) Now the "urban or rural sanitary authority," under 35 & 36 Vict. c. 79, "SANITARY ACTS," post.

(y) A metropolitan police or stipendiary magistrate, or the mayor or an alderman of the city of London may act as two justices (s. 9).

(2) Procedure.-Within 6 months; 2 justices. Penalty enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, none.