wilfully, furiously, and maliciously did overturn, break, damage, and spoil the said carriage, called a one-horse-chaise, and thereby forced and threw the said Ď. M. the wife of the said W. M. and A. M. from and out of the said last-mentioned carriage, into and upon the highway aforesaid, by means whereof the said D. M. the wife of the said W. M. and A. M. were then and there severally and respectively grievously hurt, bruised, and wounded, and were put in great danger of losing their lives, against the peace, &c.

And the jurors, &c. that the said O. M. afterwards, that is to Second count. say, on, &c. with force and arms, in, &c. aforesaid, in the high, way there, unlawfully, wilfully, and furiously, did drive four horses, then and there drawing a certain stage coach, under the care and guidance of him the said O. M in the highway aforesaid, towards and against a certain one-horse-chaise, then and there drawn by one horse in the highway aforesaid, wherein the said D. M. the wife of the said W. M. and A. M. were then and there severally and respectively passing and travelling in the highway aforesaid, and that the said O. M. by such driving of the said four horses, so drawing the said coach as last aforesaid, then and there unlawfully, wilfully, and maliciously did overturn, break, damage, and spoil the said carriage, called a one-horse-chaise, and forced and threw the said D. M. the wife of W. M. and A. M. from and out of the said last-mentioned one-horse-chaise, into and upon the highway aforesaid, by means whereof the said D. M. the wife of the said W. M. and A. M. were severally and respectively grievously hurt, bruised, and wounded, and were put in great danger of losing their lives; and the said O. M. then and there unlawfully, wilfully, and maliciously did other wrongs to the said D. M. the wife of the said W. M. and A. M., against the peace, &c. (Third count for a common assault, as ante.)

That one J. R. late of &c. on, &c. with force and arms, at, &c. For an assault on the King's highway, there, in and upon one R. O. in a certain on a chaise chaise drawn by two horses, then and there being, did make an assault, driver, and and that the said J. R. then and there driving one horse, drawing a overturning a cart, did then and there, in the highway aforesaid, unlawfully, mali- chaise with a ciously, and violently drive and force the said horse, so as aforesaid cart. drawing the said cart, to and against the said chaise, and by such driving and forcing did then and there, in the highway aforesaid, unlawfully and maliciously thrust, force, and impel the said cart against the said chaise, and he the said J. R. with one of the wheels of the said cart, did then and there, in the highway aforesaid, unlawfully and maliciously overturn the said chaise, in which the said R. O. then and there was as aforesaid, by means of which overturning of the chaise aforesaid, he the said R. O. then and there was grievously hurt, bruised, and wounded; and other wrongs, &c. (Second count for a common assault, as ante.)

That A. B. late of, &c. in and upon one E. D. a female child, of the age of ten years, (v) or thereabouts, being the servant and ар

(v) A summary remedy by complaint to a justice being given to all apprentices, and to servants generally, against the ill usage of masters and mistresses, to support this sort of indictment, it should appear that the injured party was of such tender years, or so com

N

Indictment for cruelly beating and ill treating

a parish appren- prentice of the said A. B. and in the peace of God and our said Lord tice, and keeping the King, then and there being, did make an assault, and with certain her from neces- rods, whips, sticks, and cords, her the said E. D. did then and there

sary food.

Offence how

der 9 Geo. 4. c. 31. s. 25.

violently, cruelly, and immoderately beat, scourge, and strike, and did then and there pull, and strip, and force and compel the said E. D. to pull and strip, from off the body of her the said E. D. certain clothes and wearing apparel, wherewith the said E. D. was then and there clothed and covered, so that the said E. D. was then and there nearly naked and uncovered, and her, the said E. D., as well whilst she was so covered and clothed with the said clothes and wearing apparel, as whilst she was so nearly naked and uncovered, did force and compel to work and labour violently, immoderately, and beyond her strength, in the business of the said A. B. as a silk weaver, for the space of twelve hours then next following; and the said E. D. so working and labouring, as aforesaid, did then and there shut up, confine, and keep in a certain room there for all the time aforesaid, without giving or affording to her the said E. D. or permitting her to have sufficient meat, drink and food for her nourishment and support during that time, and other wrongs, &c. against the peace, &c. (If the circumstances justify belief that there was an intent to murder, of which crime a master will be guilty if he allows a child to die for want of food, which he is by law bound to provide, (w) a count may be introduced, laying that intent, as in the precedents under the next head, in order that the prisoner, if convicted on such count, may receive the punishments of hard labour under 9 Geo. 4. c. 31. s. 25.)

3. Assaults aggravated by the Intent.-Assaults with punishable un- intent to commit felony, if so charged and proved, are punishable with hard labour in addition to imprisonment and fine. For this, among other purposes, the statute 9 Geo. 4. c. 31. s. 25. enacts, "That where any person shall be charged with and convicted of any of the following offences as misdemeanors, that is to say, of any assault with intent to commit felony; of any assault upon any peace officer or revenue officer in the due execution of his duty, or upon any person acting in aid of such officer; any 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; or of any assault committed in pursuance of any conspiracy to raise the rate of wages; in any such case the court may sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and

of

pletely under the controul of the person indicted, as, in a certain degree, to preclude the other species of protection the law affords. 3 Chit. C. L. 831.

(w) The King v. Self, 1 Leach, 137; the King v. Spread, Russ. on Crimes, "Murder."

may also (if it shall so think fit) fine the offender, and require him to find securities for keeping the peace.' In indictments for assaults with intent to commit felony under this act, the question of intent is peculiarly for the jury, who may negative the intent and yet find the prisoner guilty of a common assault, upon which he may receive judgment of fine or imprisonment, but without hard labour. If it shall appear at the trial, that the offence of felony was completed, the misdemeanor will be merged, and the prisoner must be acquitted, but may be detained in custody for prosecution at the assizes. (x)

Indictments.

That A.B. late of &c. on, &c. with force and arms, at, &c. in and Indictment for upon one C. D. (y) in the peace of God and our said Lord the King, an assault with then and there being, did make an assault, and her the said C. D. intent to ravish. did then and there beat, wound, and ill-treat, with intent her the said C. D. then and there against her will (z) feloniously to ravish and carnally know, and other wrongs to the said C. D. then and there did, against the form of the statute, &c. and against the peace, &c.

That A. B. late of, &c. on, &c. with force and arms, at, &c. in Indictment for and upon one C. D. in the peace of God and our said Lord the King, an assault with then and there being, did make an assault, and him the said C. D. an intent to did then and there beat and ill-treat, with intent then and there commit an unfeloniously to commit with the said C. D. that most horrible, de- natural crime. testable, and abominable crime called buggery, against the order of nature, against the form of the statute, &c. and against the peace, &c. (Add a count for a common assault.)

4. Assaults aggravated by the employment or office of the Offence. party assaulted. The other assaults enumerated in the provisions above recited may fall under this head. In support of an indictment for an assault on an officer, it is not necessary to prove the appointment of the officer, but evidence that he was accustomed to act as such, and was in the legal discharge of his duty when assaulted, will suffice. (a)

The King v. Harmwood, 1 East. P. C. 411.

If the female be a child under ten years of age, add here “ a woman child under the age of ten years, to wit, of the age of nine years."

(z) If under the age of ten years, lay the intent to be "with intent her the said C. D. then and there unlawfully and feloniously to carnally know and abuse.”

(a) Berryman v. Wise, 4 T. R. 366.

Indictment for assaulting a constable in the execution of his duty.

Indictment for

an assault with intent to obstruct the apprehension of a party charged with an offence.

Second count.

Indictment for assaulting a

Indictments.

That A B. late of, &c. on, &c. with force and arms, at, &c. in and upon one C. D. then being one of the constables of the said parish of in the county of in the peace of God and our said Lord the King, and in the due execution of his duty as such constable, then and there also being, did make an assault, and him the said C. D. did then and there beat, wound, and ill-treat, and other wrongs to the said C. D. then and there did, against the form, &c. and against the peace, &c.

That A. B. late of on, &c. with force and arms, at, &c. in and upon one C. D. a subject of our said Lord the King, then and there being, wilfully and unlawfully did make an assault, and him the said C. D. did then and there beat, wound, and ill-treat, with intent in so doing wilfully and unlawfully to obstruct, resist, and prevent the lawful apprehension and detention of him the said A. B. for a certain offence, to wit, for, &c. (here state the offence with which the defendant was charged) for which said offence he the said A. B. was then and there liable by law to be apprehended, imprisoned, and detained, against the form of the statute, &c. and against the peace, &c.

And the jurors, &c. that the said A. B. heretofore, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, in and upon the said C. D. wilfully and unlawfully did make an assault, and him the said C. D. did then and there beat, wound, and ill-treat, with intent in so doing wilfully and unlawfully to obstruct, resist, and prevent the lawful apprehension and detention of him the said A. B. for a certain offence before then committed, to wit, at, &c. aforesaid, for the committing of which said last mentioned offence he the said A. B. was then and there liable by law to be apprehended, imprisoned, and detained, against the form, &c. and against the peace, &c. (Add a count for a common assault.)

That A. B. late of &c. on, &c. with force and arms, at, &c. and within a certain manor called there situate, in and upon one gamekeeper in C. D. (then being game-keeper of the said manor, duly deputed, the execution of authorized, and appointed by E. F. Esquire, then and yet being lord his duty. of the said manor) in the due execution of his said office of gamekeeper of the said manor, then and there being, did make an assault, and him the said C. D. so being in the execution of his said office as aforesaid, then and there did beat, wound, and ill-treat, and other wrongs, &c. against the peace, &c. (Add a count for a common assault.)

Indictment for

assaulting a collector of a turnpike toll in the

execution of his duty. (b)

That A. B. late of &c. on, &c. with force and arms, at, &c. in and upon one C. D. then and there being one of the collectors and receivers of the tolls payable by virtue of a certain act of parliament made in the third year of the reign of our said Lord the King,

(b) This offence, under 3 Geo. 4. c. 126. s. 139. is punishable summarily by a forfeiture of 107.; but this provision does not destroy the right of indicting at common law.

intituled "An act to amend the general laws now in being for regulating turnpike roads in that part of Great Britain called England," in the due execution of his office of collector and receiver of the said tolls, then and there being, did make an assault, and him the said C. D. so being in the execution of his said office as aforesaid, then and there did beat, wound, and ill-treat, and other wrongs, &c. against the peace, &c. (Add a count for a common assault.)

That A. B. late of &c. on, &c. with force and arms, at, &c. in and Indictment for upon one C. D. did make an assault, and him the said C. D. did an assault on then and there beat, wound, and ill-treat, on account of certain account of money before that time, to wit, on, &c. at, &c. won by the said money won at C. D. of the said A. B. by then and there gaming, playing, aud play, on 9 Ann. c. 14. s. 8. (c) betting, at a certain game of dice called hazard, against the form of the statute, &c. and against the peace, &c.

§3. BARRATRY.

Barratry is the habitual moving and exciting, or main- Offence and taining suits and quarrels, either at law or otherwise. (d) misdemeanor. It does not consist in any single act, however flagrant, but in a succession of acts, constituting a course of behaviour. (e) It is not, therefore, necessary to specify in the indictment the particular acts on which the prosecutor relies; but the court will compel him, before the trial, to inform the defendant by a written notice of those particulars, and will exclude him from offering evidence of any others. (f)

Indictment for barratry.

That A. B. late of, &c. on, &c. and on divers other days and times, Indictment in the county of (g) was and yet is a common barrator; and that for barratry. he the said A. B. on the said, &c. and on divers other days and times, in the county aforesaid, divers quarrels, strifes, and controversies among the honest and quiet liege subjects of our Lord the King did unlawfully move, procure, stir up, and excite, to the common nuisance of the liege subjects of our said Lord the King, and against the peace, &c.

Punishment. The offence is punishable with fine and imprisonment; and, in the case of attornies, conviction operates as a disability to practise in future. By 12 Geo. 1.

(c) This offence is by the act made punishable with two years imprisonment, and the forfeiture of all the offender's goods and chattels.

(d) Co. Lit. 368.

(e) Hawk. b. 2. c. 25. s. 59. (f) Per Ashhurst, J. P. Anson v. Stuart, 1 T. R. 754. (g) It is not necessary to specify any vill; Hawk. b. 2. c. 25.

s. 59.