In any case where there may be a doubt whether the attempt falls within the terms of any of the preceding sections, a count framed on this clause should be added. As to hard labour, &c., see ante, p. 5. Letters threatening to Murder. letters 16. Whosoever shall maliciously send, deliver, or Sending utter, or directly or indirectly cause to be received, teatenknowing the contents thereof, any letter or writing ing to threatening to kill or murder any person, shall be murder. guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping. Note. This clause is framed from the 4 Geo. 4, c. 54, s. 3, and 10 & 11 Vict. c. 66, s. 1. The words "directly or indirectly cause to be received," are taken from the 9 Geo. 4, c. 55, s. 8 (I.), and introduced here in order to prevent any difficulty which might arise as to a case falling within the words "send, deliver, or utter." The words "to any other person " in the 10 & 11 Vict. c. 66, s. 1, were advisedly omitted, in order that every sending, delivering, uttering, or causing to be received may be included. If, therefore, a person were to send a letter or writing without any address by a person with directions to drop it in the garden of a house in which several persons lived, or if a person were to drop such a letter or writing anywhere, these cases would be within this clause. In truth, this clause makes the offence to consist in sending, &c., any letter or writing, which contains a threat to kill or murder any person whatsoever, and it is wholly immaterial whether it be sent, &c., to any person or not, Impeding endeavour wreck. or whether it be sent, &c., to the person threat- The word "maliciously " was unnecessarily introduced in the committee of the whole House of Commons, and renders this clause inconsistent with s. 46 of the Larceny Act; and s. 50 of the Malicious Injuries Act. &c. The 4 Geo. 4, c. 54, s. 3, and 10 & 11 Vict. c. 66, s. 1, used the terms, "knowingly send," This was a clear inaccuracy; for it would include every person who sent or delivered a letter, though he were ignorant of its contents; "knowingly," therefore, has been omitted, and "knowing the contents thereof" substituted, which really expresses the intention of the clause. See Girdwood's Case, 1 Leach, 142. As to hard labour, &c., see ante, p. 5. Acts causing or tending to cause Danger to Life or bodily Harm. 17. Whosoever shall unlawfully and maliciously a person prevent or impede any person, being on board of or ing to save having quitted any ship or vessel which shall be in himself distress, or wrecked, stranded, or cast on shore, in from ship- his endeavour to save his life, or shall unlawfully and maliciously prevent or impede any person in his endeavour to save the life of any such person as in this section first aforesaid, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,— or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note. This clause is taken from the 7 Will. 4 & 1 Vict. c. 89, s. 7. Under the 7 Will. 4 & 1 Vict. c. 89, s. 7, if A. were pulling B. out of the water, and C. prevented A. from doing so, C. would have been guilty of no offence, except an assault; the words in italics were introduced to meet this and similar cases. As to hard labour, &c., see ante, p. 5. wounding 18. Whosoever shall unlawfully and maliciously Shooting or by any means whatsoever wound or cause any grievous attempting bodily harm to any person, or shoot at any person, to shoot, or or, by drawing a trigger or in any other manner, with intent attempt to discharge any kind of loaded arms at any to do person, with intent, in any of the cases aforesaid, to grievous bodily maim, disfigure, or disable any person, or to do some harm. other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement. Note. This clause is taken from the 7 Will. 4 & 1 Vict. c. 85, s. 4. The words in italics at the beginning of this section were introduced to make it correspond with s. 11, ante, p. 25. As to the word "wound," see the note to that section. The word "any" is substituted in two places for "such," in order to provide for cases where the prisoner wounds, &c., A., when he intends to wound B., and the like. As to hard labour, &c., see ante, p. 5. constitute 19. Any gun, pistol, or other arms which shall be What shall loaded in the barrel with gunpowder or any other explosive substance, and ball, shot, slug, or other destruc loaded arms. Inflicting bodily injury, with or without weapon. Attempting to choke, &c., commit any indictable offence. tive material, shall be deemed to be loaded arms within the meaning of this Act, although the attempt to discharge the same may fail from want of proper priming or from any other cause. Note. This clause is new, and is introduced to meet every case where a prisoner attempts to discharge a gun, &c., loaded in the barrel, but which misses fire for want of priming, or of a copper cap, or from any like cause. Rex v. Carr, R. & R. 377; Anon. 1 Russ. C. & M. 724; and Rex v. Harris, 5 C. & P. 159, cannot therefore be considered as authorities under this Act. 20. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other either with or without any weapon or person, instrument, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour. Note.-This clause is taken from the 14 & 15 Vict. c. 19, s. 4; and see the 10 Geo. 4, c. 34, s. 29 (I.). As to hard labour, &c., see ante, p. 5. 21. Whosoever shall, by any means whatsoever, attempt to choke, suffocate, or strangle any other perin order to son, or shall, by any means calculated to choke, suffocate, or strangle, attempt to render any other person insensible, unconscious, or incapable of resistance, 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, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is new, and is directed to commit any indict offence. 22. Whosoever shall unlawfully apply or admini- Using chloster to or cause to be taken by, or attempt to apply roform, &c. or administer to or attempt to cause to be administered to or taken by, any person, any chloroform, able 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, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any other term not less than three years, -or to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is taken from the 14 & 15 The words in italics in the beginning of this As to hard labour, &c., see ante, p. 5. poison, &c. 23. Whosoever shall unlawfully and maliciously Maliadminister to or cause to be administered to or taken ciously adby any other person any poison or other destructive ministering or noxious thing, so as thereby to endanger the life so as to of such person, or so as thereby to inflict upon such endanger person any grievous bodily harm, shall be guilty of life or felony, and being convicted thereof shall be liable, grievous at the discretion of the Court, to be kept in penal bodily servitude for any term not exceeding ten years and inflict harm. |