Page images
PDF
EPUB

or otherwise, into any of his Majesty's superior courts of record ; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there

be a good and valid conviction to sustain the same. This act not XXXVII. Provided always, and be it enacted, that noto repeal any thing in this act contained shall affect, or alter, any act, to high trea. so far as it relates to the crime of high treason, or to any son, or the branch of the public revenue, or shall affect or alter any revenue, or act for the prevention of smuggling, or any part of the act

passed in the sixth year of the present reign, intituled An Act to repeal the Laws relating to the Combination of Work

men, and to make other Provisions in Lieu thereof. tend to Scotland or XXXVIII. Provided also, and be it enacted, that no

thing in this act contained shall extend to Scotland or Ireland,

tions.

Not to ex

Ireland.

Note. --The 11th and 12th sections viction upon this indictment was of this statute are founded on the re- held wrong: Rex v. Duffin, R. & R. pealed statute of 43 Geo. 3, c. 58, 565; Rer v. Marshall, 2 Stark. Ev. s. 9, with the addition of the 925. But where one intent only word “ wound," and with some is laid in the indictment, and the other alterations. In the present jury find both that and another, as, act, the penal provisions for at- for instance, where the intent laid tempts to murder and attempts to is to do grievous bodily harm, and maim are placed under two dis- they find the intent to be, to prevent tinct clauses, for reasons which will lawful apprehension, and for the be obvious on comparing the new purpose of effecting this intent to with the old statute. But, as it is do grievous bodily harm, the inclearly not intended to make these dictment will be supported: Rex felonies distinct in their nature, v. Gillow, R. & R. 85. The statute they may be laid in the same indict- makes no difference in the crimes ment. An indictment upon this mentioned specifically, and the statute should state accurately the being present aiding and abetting. mode by which the injury is in- Therefore, the same indictment may flicted. Where, therefore, the in- contain counts with reference to dictment was for cutting, and there either offence. Rex v. Towle and was evidence of stabbing only, a con. others, R. & R. 314. And if an inviction under these circumstances dictment for shooting at another, was held wrong. Rer v. M.Dere charge that a person unknown felomot, R. & R. 356. The intents niously, &c. did shoot at A. B., with which the several assaults and that the prisoner and others mentioned may be committed are were present, aiding and abetting, numerous, and care must be taken &c., the said unknown person, the that the right intent be laid in the said felony, to do and commit, &c., indictment. Where under the for- this is sufficient, without its being mer statute the intent, as laid in stated, that the prisoner was feloseveral counts of the indictment, niously present, &c. S. C. was to murder, to disable, and to The following cases also are apdo some grievous bodily barın, and plicable to the act. If a gun, the intent found by the jury was, to though loaded with powder and prevent being apprehended, a con- paper only, be fixed so near, and in such a direction, as to be likely as a disability, until an offender to kill, or do other grievous bodily likely to be apprehended may barn, the case, due consideration escape: Rer v. Boyce, R. & M. 29 ; being had to the intent, will be 1 Russ. 598. To bring an offence within the statute : Rer v. Kitchen, within the statute, it is not necesR. & R. 95. It appears, however, sary that the wound should be of that if the gun be not loaded at the such a nature, as to be likelyto occatime it is attempted to be discharged, sion death: Rex v. Griffith, 1 C. & P. as if the charge be lost by accident, 299. Nor even that a grievous &c. the case is not within the sta- bodily harm should actually be tute, howerer felonious the priso. done : Rer v. Hunt, R. & M. 93. ner's intent might be : 1 Russ. 597. But the nature of the wound inflicted It was held, under the former sta. will be an important consideration tute, that a cutting was within it, for the jury in estimating the intent. by whatever instrument the injury It may here be observed, that by was inflicted, but that a contused analogy to principles which goveru or lacerated wound was not within the crime of murder, general mait. The present enactments, how. lice will bring a case within the staever, will extend to wounds of this tute, although there be no proof of latter species. It has already been malice towards the particular indi. observed, that where the prisoner's vidual injured : Rer v. Hunt, supra. intent is twofold, he may be con- Where the wounding is charged to victed, though only one of those in. be done with intent to prevent a tents be laid in the indictment. lawful apprehension, it inust apAnd it is of no consequence, that pear that the offender had some the intent laid is not the main in- notification of the purpose for which tent. Where the main object was he was apprehended; otherwise, to commit a rape, and cutting and the case will be one in which, if maining were part of the atrocious death had ensued, the offence means used to perpetrate the crime, would have been manslaughter only the prisoner was held to be rightly (see post, tit. “ Manslaughter,”') and convicted upon an indictment for the prisoner will have the benefit cutting, with intent to do grievous of the important proviso at the end bodily harm : Rer v. Cor, R & R. of the 11th section of this statute: 362. It has been held, that the Rickett's case, 1 Russ. 599. word “disable" in the statute, re- The provisions in the 12th section lates to a permanent disability, and relative to drowning, &c. are new. not to a mere temporary one, such

ASSIZES.

(See, also, tit. Trial.)

3 Geo. 4, c. 10. I. Whereas it has been deemed necessary, that the commissions under which the judges sit upon their circuits, or some of them, should be opened, and read, at the respective places appointed in pursuance thereof for holding the assizes, in the presence of one, at least, of the quorum commissioners, therein named, on the very day appointed or holding such assizes ; whereby much inconvenience

same may

and read the

has arisen, or may hereafter arise, in case of a pressure of

business, at other places, or from other unforeseen circumWhen con- stances: for remedy thereof, be it enacted, by the King's missions

most excellent Majesty, by and with the advice, and cop. shall not be opened and sent, of the Lords Spiritual and Temporal, and Commons, read at any in this present Parliament assembled, and by the authority place speci- of the same, that, whenever it shall so happen, that such fied on the commissions shall not be opened and read in the presence therein, the of one of the quorum commissioners, at any place specified

for holding the assizes, on the very day appointed for such be opened purpose, it shall, and may be, lawful to open and read the following

same, in the presence of one of the quorum commissioners day, not therein named, on the following day, or, if such following being Sun- day shall be a Sunday, or any other day of public rest, day, &c.

then on the succeeding day; and such opening, and reading, thereof, shall be as etlectual, to all intents and purposes, as if the same had been opened, and read, in the presence of one of the quorum commissioners, on the very day appointed for that purpose, and shall be deemed and taken to be an opening and reading thereof, on the day for that purpose appointed; and all records and other proceed. ings, under, or relating to, any commission, which may be opened and read, by virtue of this act, shall and may be drawn up, entered, and made out, under the same date, and in the same form, in all respects, as if such commission

bad been opened and read on the day originally appointed Proviso. for that purpose : provided always, that the judges and

quorum commissioners are hereby directed and required to have such commissions opened and read on the very days appointed for that purpose, unless the same shall be prevented by the pressure of business elsewhere, or by

some unforeseen cause, or accident. Where com- II. And be it further enacted, that in every case in which missions are it shall happen, that any such commission shall be opened der this act, and read, under the provisions of, and according to, this the cause of act, the quorum commissioner, before whom the same shall delay to be be opened and read, shall, under his hand and seal, certify

to the lord chancellor, lord keeper, or lords commis. cellor, &c. sioners of the great seal, for the time being, that the said andenrolled. commission was so opened, and the cause of the delay of

opening and reading the same, which certificate shall be
enrolled in the High Court of Chancery.

certified to Lord Chan

a sizes.

19 Geo. 3, c. 74.
Lodgings III. Whereas the courts of assize, nisi prius, oyer and
of the judges terminer, and gaol delivery, for several counties at large,
at county

are often held in, or near cities, or towns, that are coun-
ties of themselves, and at the same time with the like
courts for the said cities or towns; and inconveniences
frequently arise, in transacting the business of the several
courts, for that the lodgings of the judges are situate,

either only in the county at large, or only in the county of such city or town. Be it therefore enacted, that when. ever the courts of assize, nisi prius, oyer and terminer, or gaol delivery, for any county at large, in England, shall be held in, or near, any city, or town, which is also a county of itself, and at the same time, with the like, or any of the like, courts, for the said city or town, the lodgings of the judge, or judges, shall be construed and taken to be situate both within the county at large, and also within the county of such city or town, for the purpose of transacting the business of the assizes for such county at large, and for the county of such city or town, during the time that such judge or judges shall continue therein, for the execution of their several commissions.

ATTAINDER.

54 Geo. 3, c. 145. Whereas it is expedient to make such provisions, by No attainlaw, as are herein after contained: Be it therefore enacted, der, except &c. that no attainder for felony, which shall take place

for high from and after the passing of this act, save and except to extend to

treason, &c. in cases of the crime of high treason, or of the crimes of disinheriting petit treason, or murder, or of abetting, procuring, or coun- any heir, &c. selling the same, shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person, or persons, other than the right, or title, of the offender, or offenders, during his, her, or their natural lives only; and that it shall be lawful to every person, or persons, to whom the right or interest of any lands, tenements, or hereditaments, after the death of any such offender, or offenders, should, or might have appertained, if no such attainder had been, to enter into the same.

BAIL.
BY WRIT OF HABEAS CORPUS.
(See 16 Car. 1, c. 10.)

31 Car. 2, c. 2.
1. Whereas great delays have been used by the sheriffs,
gaolers, and other officers, to whose custody any of the
king's subjects have been committed for criminal, or sup.
posed criminal, matters, in making returns of writs of
habeas corpus to them directed, by standing out an alias and
pluries habeas corpus, and sometimes more, and by other
shifts, to avoid their yielding obedience to such writs,
contrary to their duty and the known laws of the land,
whereby many of the king's subjects have been, and here-
after may be, long detained in prison, in such cases where
by law they are bailable, to their great charges and vexa-
tion.

Writs of

to be re

within twenty

II. For the prevention thereof, and the more speedy relief of all persons imprisoned for any such criminal or

supposed criminal matters, be it enacted, &c., that whenbabeas coro soever any person or persons shall bring any habeas corpus pus, ihree days

directed unto any sheriff or sheriffs, gaoler, minister, or after service, other person whatsoever, for any person in his or their cus

tody, and the said writ shall be served upon the said offiturned, and the body

cer, or left at the gaol or prison with any of the underbrought, if officers, under-keepers, or deputy of the said officers or

keepers, that the said officer or officers, bis or their under

officers, under-keepers, or deputies, shall, within three miles, &c.

days after the service thereof, as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment), upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and indorsed upon the said writ, not exceeding twelve pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge, to which he shall be brought, according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ, and bring, or cause to be brought, the body of the party so committed or restrained unto or before the lord chancellor, or lord keeper of the great seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where sud court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days; and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid,

and not longer. Such writs,

III. And, to the intent that.no sheriff, gaoler, or other officer may pretend ignorance of the import of any such writ, be it enacted, by the authority aforesaid, that all such writs shall be marked in this manner : per statutum trices: simo primo Caroli Secundi regis, and shall be signed by the person that awards the same; and if any person or persops shall be or stand committed or detained as aforesaid, for

any crime, unless for felony or treason, plainly expressed habeas cor. in the warrant of commitment, in the vacation time and out

of term, it shall and may be lawful to and for the person proceedings ibereon, in or persons so committed or detained (other than persons vacation convict or in execution by legal process), or any one on time,

his or their behalf, to appeal or complain to the lord cbancellor, or lord keeper, or any one of his majesty's justices,

how to be marked.

Writs of

pus, and the

« PreviousContinue »