OFFENCES within the 11 & 12 VICT. c. 43. Statute. APPRENTICES-continued. II. OFFENCES BY MASTERS-continued. 5. The like, parish apprentices. [MEM. Vide Mem. to Offences, supra. No fee can be taken for the 20 Geo. 2, c. 19, warrant or certificate of discharge.] 6. Wilfully abandoning a parish apprentice, or removing above 40 miles, without giving notice to churchwar- s. 3, and 32 Geo. 3, c. 57, s. 11. 56 Geo. 3, c. 139, s. 8. 7. Any person putting away or transferring any parish apprentice to another, or in any way discharging or dismissing him from his or her ser- 8. Master of poor apprentice wilfully refusing, 9. Neglecting, or to perform any of the terms or conditions inserted in any inden-| ASSAULT. (Note 17). Id. s. 10. 7 & 8 Vict. c. 101, s. 12. 1. Common.] Any person unlawfully assaulting or beating any other 9 Geo. 4, c. 31, person. [MEM. The party aggrieved must make the complaint (s. 27), although 8. 27. (14) Appeal.] To the general or quarter sessions of the county, and not to any district or liberty within the same, within three months after offence committed, on giving notice in writing to the justices and to the person or persons interested in such appeal, within twenty-one days after the act appealed against shall have taken place; and if such appeal shall be against any conviction, then entering into recognizance, with two sureties, before any justice of the county, to appear at such general or quarter sessions, and abide the judgment of the court, and pay the costs which may be awarded. (15) See appeal clause to title " Poor," post. (16) By s. 74, the 4 & 5 Will. 4, c. 76, is incorporated with this act. (17) Definition of an Assault-Jurisdiction on Question of Title-accompanied by aggravating Circumstances] An assault is an attempt or offer, with force and violence, to do a corporal hurt to another; as by striking at him with or without a weapon; or throwing a stone or riding at him (Martin v. Shoppee, 3 Car. & P. 373); or striking a horse whereon he is riding, whereby he is thrown (Dodwell v. Burford, 1 Mod. 24); or presenting a loaded gun at him at a distance to which the gun can be discharged (R. v. James, 1 Car. & K. 530); or holding up the hand in a threatening manner; or any other circumstance denoting at the time an intention, coupled with a present ability, of using actual violence against the person, and although stopped at the particular moment (1 Hawk. c. 62, s. 1; Stephens v. Myers, 4 Car. & P. 349); and likewise any excess of violence in executing any legal or illegal act (Mabel's ase, 9 Car. & P. 474; R. v. Driscoll, 1 Car. & M. 214; R. v. Milton, Moo. & M. 107), will 89). Yes Discharge and fine as Offence 4, Yes 8 In writing Two 9 (s. 101), not (s. 12). Two Not exceeding, together with the No. 18 and 19. par. or un. where offence committed (s. 99 of 4 & 5 Will.4, c.76, (Note 16). Overseer of No. 1, of poor where offence committed. (s. 27). p. 77. constitute an assault. A battery is an injury, however small, actually done to the person of another, in an angry, revengeful, rude or insolent manner, as by spitting in his face, or in any way touching him in anger, violently jostling him out of the way, or the like (1 Hawk. c. 62, s. 2), which includes an assault. By s. 29 of the 9 Geo. 4, c. 31, it is provided "that nothing herein contained shall authorize any justices of the peace to hear and determine in any case of assault or battery, in which any question shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice;" but there must be some colour of title, the bare assertion of right being insufficient to oust the jurisdiction (see Reg. v. Dodson et al., 9 Ad. & E. 704), and if the party used unnecessary violence in asserting it, the question of title should entirely be left out of the justice's consideration, and the party convicted of the assault; and they have a right to judge whether the question of title really arises in the case they are investigating (14 J. P. 536). If the justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is from any other circumstance a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this act (s. 29). (18) Certificate of Dismissal.] If the offence be not proved, or be justified, or so trifling as not to merit any punishment, and the justices dismiss the complaint, a certificate of dis OFFENCES within the 11 & 12 VICT. c. 43. Statute. ASSAULT-continued. 2. To prevent Seamen, &c. from working.] Any person unlawfully and with 9 Geo. 4, c. 31, force hindering any seaman, keelman or caster, from working at or exercising his lawful trade, business or occupation, or 3. Beating, wounding or using any other violence to him, with intent to deter or hinder him from working at or exercising the same. s. 26. 4. To prevent sale, &c. of corn, &c.] Any person beating, wounding or using any other violence to any person with intent to deter him or hinder him from selling or buying any wheat or other grain, flour,| meal or malt, in any market or other place, or 5. To any person having the care or charge of any wheat, &c. whilst on its way to or from any city, market town or other place, with intent to stop the conveyance of the same. Id. 6. On board a Ship] Assault or battery committed on board any ship belonging to any subject of her Majesty in any part of the world (Note 20). [MEM As to assaults on special, borough, county, or constables under the 7 & 8 Vict. c. 112, s. 44. missal to be forthwith delivered to the defendant (s. 27), which certificate or payment of the penalty will bar all other proceedings (s. 28). It must be applied for immediately or before the justices have separated (R. v. Robinson, 12 Ad. & E. 672). Form of Certificate, No. 2, p. 77, Oke's Magis. Formulist. Where a party, on being summoned for an assault, appeared, and pleaded "not guilty," and the prosecutor then withdrew his complaint, and the defendant was accordingly discharged, it was held that this was a hearing and dismissal which entitled the defendant to a certificate that the charge had been dismissed as not proved (Tunnicliffe v. Tedd, 17 Law J. Rep. (N. S.) M. C. 67). (19) Penalty several on each Offender- Sureties.] The penalty in cases of assault can be imposed on each offender (Morgan v. Brown, 6 Nev. & M. 57, S. C.; Ad. & E. 515), where more than one; but the justices cannot order them to enter into a recognizance, either with or without sureties to keep the peace for a given period, in addition to the penalty, for that would be a superadded punishment for the assault which they cannot impose, their power being exhausted by the infliction of the fine (J. Stone's Practice, 304; S. Stone's Manual, 69; 8 J. P. 587). (20) On board Ship: Provisions of 9 Geo. 4, c. 31, extended to.] Sect. 44, after reciting the 9 Geo. 4, c. 31, and that it was expedient that its provisions should extend to similar offences committed on board ships belonging to subjects of her Majesty, enacts, "That in case of any assault or battery committed on board any ship (see below for definition) belonging to any subject of her Majesty, in any part of the world, it shall be lawful for two justices of the peace in any part of her Majesty's dominions, or the territories under the government of the East India Company, residing at or near any port or place at which the said ship may arrive or touch, upon complaint of the party aggrieved, to hear and determine any such complaint, and to proceed and make such adjudication thereon as by the said act any two justices are empowered to do in the cases of assaults and batteries in England; and the fine or forfeiture to be imposed in any such case shall be payable to the Seamen's Hospital Society: provided always, that such complaint shall be made and prosecuted within three months after such alleged assault or battery, or within three months after the arrival of the ship at her final port of destination in the united kingdom, or within three months after the respective parties shall be within the jurisdiction of such justices as aforesaid." Definition of "Ship."] To he taken and understood to comprehend "every description of vessel navigating in any sea or channel, or waters outside the mouths of rivers, and also every vessel passing beyond the precincts of a port" (s. 63). L OFFENCES within the 11 & 12 VICT. c. 43. Statute. BATHS AND WASHHOUSES. Offences under the " Act to encourage the Establishment of Public Baths 1. Commissioners, or their officers or servants, having custody of account 2. Not permitting, or any churchwarden, overseer or rate payer to examine same or 9 & 10 Vict. c. 74, s. 14 (Note 21). 3. Council, commissioners or officers taking fees beyond salaries, or 4. Being interested in contracts. BEERHOUSES. I. OFFENCES AGAINST THE LICENCE. II. OFFENCES AS TO HOURS. III. OTHER OFFENCES. I. OFFENCES AGAINST THE LICENCE (Note 24). 1. Mixing any drugs or other pernicious ingredients in any beer, ale, porter, cider or perry. 2. Fraudulently diluting, deteriorating or adulterating beer, &c. 3. Selling beer, &c. knowing the same to have been fraudulently diluted, deteriorated or adulterated. 4. Using, in selling beer, &c., any measure not of the legal standard. 5. Wilfully or knowingly permitting any drunkenness, or any violent, quarrelsome, or other disorderly conduct in his house or premises. 6. Knowingly suffering any unlawful games, or any gaming whatsoever therein (Note 26). Id. s. 39. 1 Will. 4, c. 64, s. 13 (Note 25). (21) Witnesses.] Witnesses refusing to appear or be examined to forfeit not exceeding £5 (s. 155; see ante, p. 73). (22) Incorporation Clause.] The provisions of "The Companies Clauses Consolidation Act, 1845" (8 & 9 Vict. c. 16), are, as to the mode of recovering penalties, to apply to offences under this act (s. 23), and the sections mentioned in the columns of this title refer to that act. (23) Appeal.] The clause is in 8 Vict. c. 16, post, title "Railways." (24) Observations.] Vide Note 1 on title "Alehouses," ante, p. 134. The justices may, on information for these offences, require the party to produce his licence for examination on the hearing (4 & 5 Will. 4, c. 85, s. 10), which may be done by the summons (Form, No. 11, |