Where, to an action for an assault and battery, the defendant pleaded a complaint before justices for the same assault, which complaint was dismissed, and the justices granted the defendant a certificate stating the fact of the dismissal; but because the plea did not show that the certificate stated the particular ground of the dismissal, the plaintiff demurred to it: and the court held the plea to be bad; the statute states three grounds for a dismissal; and a certificate, to be a bar to a further proceeding for the same assault, must show upon which of these grounds the complaint was dismissed. Skuse v. Davies, MS. Q. B. T. 1839, 8 Law J. 75, m.

The application for this certificate should be made without delay. The statute requires the justices to make it out "forthwith;" and therefore where the complaint was dismissed on the 28th November, but no application made for the certificate until the 10th January following, the court held this not to be within the meaning of the statute, and that it was no defence to an indictment for the same assault; and Lord Denman, C. J., held that the application should have been made directly upon the dismissal of the complaint, or that some step, at all events, should have been taken towards it, before the justices had separated. R. v. Robinson, MS. M. 1840, 10 Law J. 9, m. 12 Ad. & El. 672.

Conviction.] The following is the form of the conviction, as given by the statute, or it may be in any other form of words to the same effect. Sect. 35.

at

Berkshire: Be it remembered that on C. D. is convicted before us, E. F. and G. H., two of Her Majesty's justices of the peace for the said county: for that he the said C. D. [on - at -› did unlawfully assault and beat one A. B.] ; and we the said justices adjudge the said C. D. for his said offence, to forfeit and pay the sum of [five pounds,] and also to pay the sum of for costs; and [in default of immediate payment of the said sums, to be imprisoned in the

*

for the

space of unless the said sums shall be sooner paid; or, if time be given for the payment of the penalty, &c., "We order that the said sums shall be paid by the said C. D. on or before the day of -]"; and we direct that the said sum of [five pounds] shall be paid to I. K. of aforesaid, in which the said offence was committed, to be by him applied according to the directions of the statute in that case made and provided; and we order that the said sum of for costs, shall be paid to the said A. B. Given under our hands the day and year first above-mentioned.

E. F.

G. H.

Penalty, how recovered and applied.] If the penalty be not paid, either immediately, or within the time appointed by the conviction, the justices may commit the offender "to the common gaol or house of correction, there to be imprisoned for any time not exceeding two calendar months, unless such fine and costs be sooner paid." 9 G. 4, c. 31, s. 27.

The fine shall be paid to one of the overseers of the poor or other officer of the parish, township, or place where the offence was committed, and by him paid over to the use of the general rate of the county, riding, or division in which such parish, &c. is situate, whether the same shall or shall not contribute to such general rate; and the evidence of any inhabitant of such county shall notwithstanding be admitted in proof of the offence. 9 G. 4, c. 31, s. 27.

In the case of assaults on board merchant vessels, however, we have seen (ante, p. 136,) that the penalty shall be paid to the merchant seaman's hospital or institution at or nearest to the port or place where the adjudication shall be made.

3. Assault and Battery in Particular Cases.

"If any person shall

Upon justices, &c. in case of wreck.] assault and strike or wound any 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, or effects wrecked, stranded, or cast on shore, or lying under water:" transportation for seven years, or imprisonment with or without hard labour, for such term as the court shall award. 9 G. 4, c. 31, 3. 34.

Commitment:-On

at -, unlawfully did assault one C. D., and him, the said C. D. did then and there strike and beat [or wound,] on account of the exercise of his the said C. D.'s duty in and concerning the preservation of a certain vessel then and there in distress [or as the case may be,] he the said C. D. being then and there a [magistrate, or officer, or person] lawfully authorized in that behalf; against the form of the statute in such case made and provided. And you the said keeper, &c.

Upon peace or revenue officers.] An assault upon any peace or revenue officer, in the due execution of his duty, or upon any person acting in aid of such officer," is punishable with imprisonment, with or without hard labour, for not more than two years, and the court may also fine the offender, and

require him to find sureties for keeping the peace. 9 G. 4, c. 31, s. 25.

at

"

Commitment:-On -, unlawfully did assault and beat one C. D., he the said C. D. being then and there a [peace-officer, to wit, a constable of the said parish, or revenue-officer, to wit, an officer of Her Majesty's excise,"] and in the due execution of his duty as such [constable or revenueofficer] then and there being: against the form of the statute in such case made and provided. And you the said keeper, &c. . If the assault were upon a person who was acting in aid of a constable, &c. say, "he the said C. D., then and there acting in aid of one E. F., a peace-officer," &c. as above.

Also, by stat 1 & 2 W. 4, c. 41, (for the appointment, &c. of special constables), s. 11, "if any person shall assault or resist any constable appointed by virtue of this Act, whilst in the due execution of his office, or shall promote or encourage any other person so to do, every such person shall, on conviction thereof before two justices of the peace, forfeit and pay for such offence any sum not exceeding 201.; or, shall be liable to such other punishment, upon conviction on any indictment or information for such offence, as any persons are by law liable, for assaulting any constable in the execution of the duties of his office." The conviction may be in the following form, or to the like effect." Id. s. 17.

at

Northumberland to wit: Be it remembered that on

, C. D. is convicted before us, E. F. and G. H., two of Her Majesty's justices of the peace of the said county, for that he the said C. D. did on at -, unlawfully assault &c. [as the case may be] one C. D., he the said C. D. then and there being a special constable, duly appointed in that behalf, and in the due execution of his office as such special constable, then and there being; against the form of the statute in such case made and provided. And we do adjudge that the said C. D. shall for the said offence forfeit the sum of the same [immediately, or on or before the to T. W., being one of the overseers of the poor of

and shall pay day of -]

to be by

him applied according to the directions of the statute in that Given under our hands the day and

case made and provided. year first above written.

E. F. G. H.

The penalty is to be paid to the overseer of the poor of the parish, &c. in which the offence was committed, to be by him paid over to the use of the public rate of the county, &c., in which such parish, &c. is situate. Id. s. 15. If the penalty be

not paid, it may be levied by distress, and for want of sufficient distress, "the offender shall be imprisoned, with or without hard labour, in the common gaol or house of correction, as to the convicting justices shall seem meet, for any term not exceeding one calendar month, where the sum to be paid shall not exceed 51., or for any term not exceeding two calendar months in any other case;" the imprisonment to cease on payment of the sum due. Id. s. 19. See tit. "Constable."

In either of these cases, however, the justices may proceed summarily on stat. 9 G. 4, c. 31, ante, p. 135.

To prevent apprehension.] An "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," is punishable with imprisonment, with or without hard labour, for not more than two years, and the court may also fine the offender, and require him to find sureties for keeping the peace. 9 G. 4, c. 31, s. 25.

:-On -, at

Commitment :unlawfully did assault and beat one C. D., with intent thereby then and there to resist and prevent the lawful apprehension [or detainer] of him the said A. B. for [having feloniously stolen the goods of one I. K.] ; against the form of the statute in such case made and provided. And you the said keeper, &c.

To prevent seamen, or keelmen, &c. from working.] "If any person shall unlawfully and with force hinder any seaman, keelman, or caster, from working at or exercising his lawful trade, business, or occupation, or shall beat, wound, or use any other violence to him, with intent to deter or hinder him from working at or exercising the same:" such offender may be convicted 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. 9 G. 4, c. 31, s. 26. The conviction may be as follows:

at

Berkshire: Be it remembered that on C. D. convicted before us, E. F. and G. H., esquires, two of Her Majesty's justices of the peace of the said county, for that he the said C. D. on at, unlawfully did beat one 4. B., a keelman [or as the case may be], with intent thereby then and there to deter and hinder him the said A. B. from working at or exercising his said lawful trade, business, and occupation of keelman as aforesaid, against the form of the statute in such case made and provided. And we, the said justices, adjudge the said C. D. for his said offence, to be imprisoned in the

and

there kept to hard labour for the space of

our hands the day and year first above mentioned.

Given under

"If any

To prevent the free sale or conveyance of corn, &c.] 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, or malt, in any market or other place; or, shall beat, wound, or use any other violence to any person having the care or charge of any wheat or other grain, flour, meal, or malt, whilst on its way to or from any city, market town, or other place, with intent to stop the conveyance of the same:" such offender may be convicted 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. 9 G. 4, c. 31, s. 26.

The conviction may be the same as the last form, except in the description of the offence, which may be thus: for that he the said C. D., on, at -, unlawfully did beat one A. B., with intent thereby then and there to deter and hinder him the said A. B. from selling [or buying] certain wheat in the market of in the said county. Or, for that he the said C. D., on

at, unlawfully did beat one A. B. (he the said A. B. then and there having the care and charge of certain wheat, whilst on its way to the market town of in the county aforesaid), with intent thereby then and there to stop the conveyance of the said wheat.

In pursuance of conspiracy to raise wages.] An "assault committed in pursuance of any conspiracy to raise the rate of wages," is punishable with imprisonment, with or without hard labour, for not more than two years, and the court may also fine the offender, and require him to find sureties for keeping the peace. 9 G. 4, c. 31, s. 25,

Commitment:-On at -, unlawfully did assault one A. B., in pursuance of a conspiracy between him the said C. D. and others to raise the rate of their wages; against the form of the statute in such case made and provided. And you the said keeper, &c.

As to assaults upon deer-keepers, see Vol. 2, tit. "Larceny," and Index.

4. Other Assaults.

Assault with intent to commit a felony.] An " assault with intent to commit a felony,"—is punishable with impri