fix, tye, fasten, twist, and tighten, and did then by so fixing, tying, and fastening the said handkerchief about the neck and throat of the said C. D., as aforesaid, and by twisting and tightening the same as aforesaid, feloniously attempt to strangle the said C. D.], with intent in so doing then and thereby feloniously, wilfully, and of his malice aforethought to kill and murder the said C. D. [" to commit the crime of murder"]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. Felony, transportation for life, or for not less than fifteen years, or imprisonment [with or without hard labour, sect. 8] for not more than three years. 1 Vict. c. 85, s. 3. Accessories before the fact, are punishable in the same manner; accessories after the fact, by imprisonment [with or without hard labour, Id. s. 8] for not more than two years. Id. s. 7. Evidence. To maintain this indictment, the prosecutor must prove 1. The attempt to strangle, as stated in the indictment. 2. The intent to murder, as ante, p. 258. 16. Causing Gunpowder to explode, with Intent to do grievous bodily Harm. Indictment. The jurors for our Lady the Queen, upon their to wit. Soath present, that A. B., on the - day of in the year of our Lord, unlawfully, maliciously, and feloniously did cause a certain large quantity, to wit, pounds weight of gunpowder [" gunpowder or other explosive substance"] to explode, with intent in so doing then and thereby to burn one C. D. [“to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person"]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Add other counts, to maim,—disfigure,—disable,— and to do some grievous bodily harm,—as in the form, ante, p. 262. Felony, 8 & 9 Vict. c. 25, s. 4; transportation for life, or not less than fifteen years,—or imprisonment [with or without hard labour, Id. s. 11] for not more than three years, Id. 8.5; and if a male, under eighteen, he may be publicly or privately whipped not more than three times. Id. s. 9. Accessories before the fact, punishable in the same manner; accessories after the fact, by imprisonment [with or without hard labour, Id. s. 11] for not more than two years. Id. s. 10. This offence is not triable at any sessions of the peace. Id. s. 15. Evidence. To maintain this indictment, the prosecutor must prove 1. That the defendant caused the gunpowder to explode, as mentioned in the indictment. 2. The intent to burn, maim, disfigure, disable, or do some grievous bodily harm to the prosecutor, as ante, p. 264. That it did burn him, or maim, &c., is in general sufficient evidence that the defendant intended it. Ante, p. 267. But if the intent be otherwise proved by the words or acts of the defendant, it is sufficient, "although no injury be effected." 8 & 9 Vict. c. 25, 8. 4. 17. Sending any explosive Substance to a Person, with Intent to do grievous bodily Harm. Indictment. The jurors for our Lady the Queen, upon their to wit. oath present, that A. B., on the day of in the year of our Lord unlawfully, maliciously, and feloniously did send to one C. D. [“ send or deliver to, or cause to be taken or received by, any person"] a certain large quantity of a certain explosive and dangerous substance, to wit, of, ["any explosive substance, or any other dangerous or noxious thing"], with intent in so doing then and thereby to burn the said C. D. [“ burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person"]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Add other counts, to maim,-disfigure,—disable,—and to do some grievous bodily harm,—as in the form, ante, p. 262. Felony, 8 & 9 Vict. c. 25, s. 4; transportation for life, or not less than fifteen years,-or imprisonment [with or without hard labour, Id. s. 11] for not more than three years, Id. s. 5; and if a male under eighteen, he may be publicly or privately whipped not more than three times. Id. s. 9. Accessories before the fact punishable in the same manner; accessories after the fact, by imprisonment [with or without hard labour, Id. s. 11] for not more than two years. Id. s. 10. This offence is not triable at any sessions of the peace. Id. s. 15. Evidence. To maintain this indictment, the prosecutor must prove 1. The sending or delivering of the explosive substance to the prosecutor, or causing it to be taken or received by him, as stated in the indictment. Before this statute, and indeed before stat. 1 Vict. c. 15, s. 5, upon the same subject, a man was indicted on stat. 9 G. 4, c. 31, s. 14, for attempting to discharge loaded arms at another, and the evidence was, that he sent to the prosecutor a tin case, of the size and shape of a cigar case, full of gunpowder, with two fulminating matches on the inside, so placed that they were likely to take fire and explode the gunpowder, by the opening of the box; and the question was reserved for the judges, whether this box was loaded arms, within the meaning of the statute: the judges held that it was not. R. v. Mountford, Ry. & M. 441, 7 Car. § P. 242. 2. The intent to burn, maim, disfigure, disable, or do grievous bodily harm, as ante, p. 264. The stat. 1 Vict. c. 85, s. 5, was exactly the same as the statute on which this indictment is framed, except that under the former Act, the sending must not only have been with the intent to burn, &c., but the party must have been actually burnt, disfigured, or maimed by it, or have received grievous bodily harm from it; but under this statute, sending it with intent, &c., is sufficient," although no injury be effected." 8 & 9 Vict. c. 25,8. 4. 18. Throwing any corrosive Fluid at or on a Person, with Intent to do grievous bodily Injury. to wit. Indictment. The jurors for our Lady the Queen, upon their oath present, that A. B., on the day of in the year of our Lord —, unlawfully, maliciously, and feloniously did cast and throw at and upon one C. D. [“ cast or throw at or upon, or otherwise apply to any person"] a large quantity, to wit, of a certain corrosive fluid ["any corrosive fluid or other destructive or explosive substance"] called [oil of vitriol], with intent in so doing then and thereby to burn the said C. D. [“to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person"]: against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. [Add other counts, to maim,—disfigure, -disable, and to do some grievous bodily harm,—as in the form, ante, p. 262. Felony, 8 & 9 Vict. c. 25, s. 4; transportation for life, or not less than fifteen years, or imprisonment [with or without hard labour, Id. s. 11,] for not more than three years, Id. s. 5; and if a male under eighteen, he may be publicly or privately whipped not more than three times. Id. s. 9. Acces sories before the fact, are punishable in the same manner accessories after the fact, by imprisonment [with or without hard labour, Id. s. 11,] for not more than two years. Id. s. 10. This offence is not triable at any sessions of the peace. Id. s. 15. Evidence. To maintain this indictment, the prosecutor must prove 1. The casting or throwing of the corrosive fluid, or other destructive or explosive substance on the prosecutor, as stated in the indictment. A previous statute, 1 Vict. c. 85, s. 5, made this offence a felony, and in precisely the same words with the present Act, except that the burning, maiming, &c., was not only to be intended, but effected. And upon an indictment on that statute, where it appeared that the defendant, a married woman, being jealous of her husband, poured about a quart of boiling water over his face and into his ears, whilst he was asleep, and then ran off, boasting that she had boiled him in his sleep; the man was grievously injured by it, lost his sight for some time, and permanently lost the hearing of one ear: Rolfe, B., held that the boiling water was a destructive substance within that statute; and the woman being convicted, the judges held the conviction to be right. R. v. Crawford, 2 Car & K. 129. 2. The intent to burn, maim, disfigure, disable, or do some grievous bodily harm, as ante, p. 264. It is not necessary to prove that any injury was effected. 8 & 9 Vict. c. 25, 8. 4. Formerly, when manufacturers were much dissatisfied at the importation of foreign silks and other articles of female apparel, a custom prevailed of throwing corrosive fluids, such as oil of vitriol and aquafortis, upon such dresses, when met with in the streets, not with any intent to injure the wearer, but to spoil the dress. This was made felony, by stat. 6 G. 1, c. 23, s. 11 (now repealed by stat. 7 G. 4, c. 64, s. 32); and on that statute it was holden that if the act were done for the purpose of injuring the person and not the clothes of the party, it was not a case within the meaning of it. R. v. Williams, 1 Leach, 529. Under this Act, the intent on the contrary must be to injure the person, not the dress of the party; but if in injuring the dress the offender also injure the person, or if the necessary consequence would be an injury to the person such as is here mentioned, it is probable it would be deemed an offence within the meaning of the present statute. But if the intent be merely to injure the dress and not the person, and the person be not injured, it is clearly not an offence within this Act, nor is it now punishable criminally by any other statute. 19, Assault and Battery. Indictment. The jurors for our Lady the Queen, upon their to wit. Soath present, that A. B., on the day of --, in the year of our Lord in and upon one C. D. did make an assault, and him the said C. D. did then beat, and other wrongs to the said C. D. then did : against the peace of our Lady the Queen, her crown and dignity. [There is no objection to charging the defendant, in one count, with assaulting two persons, when the whole forms one transaction. See ante, p. 96. Misdemeanor at common law. Fine or imprisonment, or both. See ante, p. 185. As to costs: in all cases where a case of an assault is brought before justices of the peace out of sessions for summary decision, and the justices shall be of opinion that it is a fit subject for prosecution by indictment, and shall thereupon bind the complainant and witnesses in recognizance to prosecute and give evidence at the assizes or sessions of the peace,-the court are authorized to allow the prosecutor and witnesses their costs and expenses, and compensation for trouble and loss of time, in the same manner as in cases of felony. 14 & 15 Vict. c. 55, s. 3. Evidence. An assault in its usual and restricted sense, as here intended, and which is usually termed a common assault, means an attempt or offer, with force and violence, to do a corporal hurt to another. In its general sense, it means an attempt to do a |