OFFENCE. Class of Offence ASSAULTS-continued. s. 37. 44. Other Assaults.] Whosoever shall assault and strike or wound M. 24 & 25 Vict. c. 100, any magistrate, officer, or other person whatsoever lawfully authorized, in or 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. 45. Whosoever shall assault any person with intent to commit felony [see Offence 52, and "Sodomy"], or 46. Shall assault, resist, or wilfully obstruct any peace officer in the due execution of his duty, or any person acting in aid of such officer, or 47. Shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence. 48. Whosoever, in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting any trade, business or manufacture, or respecting any person concerned or employed therein, shall unlawfully assault any person. 49. Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm. [Vide the "Mem." to Offence 50, infra.] M. Id. s. 38. M. Id. s. 41. M. Com. Law. 50. Whosoever shall be convicted upon an indictment for a common assault. M. Com. Law. [MEM. The costs are allowed only when the prosecutor is 51. Whosoever shall be convicted of any indecent assault upon any female (Note 9 a). [See Offence 69.] M. Com. Law. 52. Whosoever shall be guilty of any indecent assault upon any M. 24 & 25 Vict. c. 100, male person (Note 9 a). s. 62. [See Offence 45, and "Sodomy."] 53. Any offender entering any forest, chase or purlieu, with F. 24 & 25 Vict. c. 96, intent to hunt, &c. deer, unlawfully beating or wounding deerkeeper in the execution of his powers in seizing gun, dog, &c. s. 16 (see Note 28, post). 9 Costs of Prosecution.] Although these offences, for which the punishment is provided by ss. 47, 52, are in fact "Misdemeanors," they are not declared to be so in express terms, as in s. 62 and others; and, therefore, it seems costs cannot be allowed under s. 77, which has the words "misdemeanor indictable under the provisions of this act," which is advisedly different to the language of 24 & 25 Vict. c. 96, s. 121; c. 97, s. 77,-" indictable misdemeanor against this act." 9a Enactment.] By 22 & 23 Vict. c. 17, s. 1 (pp. 683, 684), an indictment cannot be preferred for " any indecent assault," without a previous inquiry before a justice. OFFENCE. Class of Offence and Statute or Authority. ASSAULTS-continued. 54. Whosoever shall assault any person with intent to rob (save where a greater punishment is provided by this act; see Offence 188, tit. "Larceny.") [See tit. "Attempts to Murder, &c.," "Carnally knowing ATTEMPTS TO MURDER, &c. (Note 10). [Page 784.] F. 24 & 25 Vict. c. 96, s. 42. s. 11. 55. By Poison.] Whosoever shall administer to or cause to be F. 24 & 25 Vict. c. 100, administered to or to be taken by any person any poison or other destructive thing,-or shall by any means whatsoever wound or cause any grievous bodily harm to any person,with intent in any of the cases aforesaid to commit murder. 56. By Explosions.] Whosoever, by the explosion of gunpowder or other explosive substance, shall destroy or damage any building with intent to commit murder. 57. By setting Fire to Ships.] Whosoever shall set fire to any ship or vessel or any part thereof,-or any part of the tackle, apparel or furniture thereof,- or any goods or chattels being therein, or shall cast away or destroy any ship or vessel, with intent in any of such cases to commit murder. 58. By Shooting, &c.] Whosoever shall attempt to administer to or shall attempt to cause to be administered to or to be taken by any person any poison or other destructive thing, -or shall shoot at any person,-or shall, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person,-or shall attempt to drown, suffocate, or strangle any person, - with intent, in any of the cases aforesaid, to commit murder, whether any bodily injury be effected or not. 59. By other means.] Whosoever shall, by any means other than those specified in any of the preceding sections of this act, attempt to commit murder. 60. By Chloroform, &c. to assist in any Offence.] Whosoever shall unlawfully apply or administer to or cause to be taken by,— or attempt to apply or administer to or attempt to cause to be administered to or taken by, any person, any chloroform, laudanum, or other stupefying or overpowering drug, matter, or thing, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence. [See also Offence 40, ante, p. 54.] F. Id. s. 12. F. Id. s. 13. F. Id. s. 14. F. Id. s. 15. F. Id. s. 22. 10 Apprehension of certain Offenders-Search for Gunpowder.] See Note 1, ante, p. 44; Assizes (5 & 6 Vict. Discretionary. Pen. serv. life-3 yrs.; c. 38, s. 1, p. 755). Yes. or impr. not exc. 2 yrs., with or without OFFENCE. Class of Offence Statute or Authority. ATTEMPTS TO MURDER, &c.-continued. s. 23. 61. By administering Poison to inflict Injury, &c.] Whosoever shall F. 24 & 25 Vict. c. 100, unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm. 62. Whosoever shall unlawfully and maliciously administer to or [See further tit. "Gunpowder;" attempt to commit in- BAILEE. See Offence 164, tit. "Larceny," post. BANK NOTES, &c. See "Forgery," Offences 120—125. BIGAMY. [Page 786.] M. Id. s. 24. s. 57. 63. Whosoever, being married, shall marry any other person F. 24 & 25 Vict. c. 100,| during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere. [See the proviso as to second marriages out of England or BURGLARY (Note 11). [Page 788.] 64. I. e. the breaking and entering the dwelling-house of another in the night, with intent to commit felony therein (Note 12). F. Common Law. s. 51. 65. Whosoever shall enter the dwelling-house of another, with F. 24 & 25 Vict. c. 96, intent to commit any felony therein,- or being in such dwelling-house shall commit any felony therein,- and shall in either case break out of the said dwelling-house in the| night (Note 12). 66. Whosoever shall enter any dwelling-house in the night, with intent to commit any felony therein. F. Id. s. 54. 11 Apprehension of Offenders-Restitution of Property.] See Note 28, to tit. " Larceny." 12 Night-time-Building within Curtilage.] The "night" is between 9 a.m. and 6 a.m. (24 & 25 Vict. c. 96, s. 1). By s. 53, "no building, although within the same curtilage with any dwelling-house, and occupied therewith, shall be deemed to be part of such |