or light upon or near to any railway, or shall unlawfully and maliciously do or cause to be done any other matter or thing, with intent, in any of the cases aforesaid, to endanger the safety of any person travelling or being upon such railway, 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 if a male under the age of sixteen years with or without whipping. Note. This clause is taken from the 14 & 15 Vict, c. 19, s. 6, and the word "unlawfully " is substituted for "wilfully" throughout. As to hard labour, &c., see ante, p. 5. upon a tent to 33. Whosoever shall unlawfully and maliciously Casting throw, or cause to fall or strike, at, against, into, or stone, &c. upon any engine, tender, carriage, or truck used upon ailway any railway, any wood, stone, or other matter or carriage, thing, with intent to injure or endanger the safety with inof any person being in or upon such engine, tender, endanger carriage, or truck, or in or upon any other engine, the safety tender, carriage, or truck of any train of which such of any first-mentioned engine, tender, carriage, or truck shall person form part, 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 taken from the 14 & 15 Vict. c. 19, s. 7. The word "unlawfully" is substituted for "wilfully." The other words in italics were introduced to meet cases where a person throws into or upon one carriage of a train, when he intended to injure therein. Doing or a person being in another carriage of the same train, and similar cases. As to hard labour, &c., see ante, p. 5. 34. Whosoever, by any unlawful act, or by any omitting wilful omission or neglect, shall endanger, or cause to anything to endanger be endangered, the safety of any person conveyed or passengers being in or upon a railway, or shall aid or assist by railway. therein, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is taken from the 3 & 4 Vict. c. 97, s. 15, the words of which were, any person who " shall wilfully do, or cause to be done, any thing in such a manner as to obstruct any engine or carriage using any railway, or to endanger the safety of persons conveyed in or upon the same." The present clause extends to any unlawful act and any wilful omission or neglect. In Reg. v. Holroyd, 2 M. & Rob. 339, where on an indictment under the 3 & 4 Vict. c. 97, s. 15, it appeared that large quantities of earth and rubbish were found placed across the railway, and the prosecutor's case was that this had been done by the defendant wilfully, and in order to obstruct the use of the railway; and the defendant's case was, that the earth and rubbish had been accidentally dropped on the railway: Maule, J., told the jury, that if the rubbish had been dropped on the rails by mere accident, the defendant was not guilty; but "it was by no means necessary, in order to bring the case within this Act, that the defendant should have thrown the rubbish on the rails expressly with the view to upset the train of carriages. If the defendant designedly placed these substances, having a tendency to produce an obstruction, not caring whether they actually impeded the carriages or not, that was a case within the Act." And on the jury asking "what was the meaning of the term 'wilfully As to hard labour, &c., see ante, p. 5. 35. Whosoever, having the charge of any carriage Drivers of or vehicle, shall, by wanton or furious driving or carriages injuring racing, or other wilful misconduct, or by wilful ne- persons by glect, do or cause to be done any bodily harm to any furious person whatsoever, shall be guilty of a misdemeanor, driving. and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is taken from the 1 Geo. 4, c. 4, which was confined to stage-coaches and public carriages, and to the wanton and furious driving or racing, or wilful misconduct of coachmen and others having the charge of such coaches or carriages. The present section includes all carriages and vehicles, and extends also to wilful neglect: As to the meaning of the term "wilful," see the last preceding note. As to hard labour, &c., see ante, p. 5. Assaults. assaulting 36. Whosoever shall, by threats or force, obstruct Obstructor prevent, or endeavour to obstruct or prevent, any ing or clergyman or other minister in or from celebrating a clergyDivine service or otherwise officiating in any church, man or chapel, meeting house, or other place of Divine wor- minister ship, or in or from the performance of his duty in in the disthe lawful burial of the dead in any churchyard or other his duties. charge of other burial place, or shall strike or offer any violence to, or shall, upon any civil process, or under the pretence of executing any civil process, arrest any clergyman or other minister who is engaged in, or to the knowledge of the offender is about to engage in, any of the rites or duties in this section aforesaid, or who to the knowledge of the offender shall be going to perform the same or returing from the performance thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is new in England, except that part which applies to the arrest of any clergyman while performing Divine service, or going to perform the same, or returning from the performance thereof, which was contained in both the 9 Geo. 4, c. 31, s. 23, and 10 Geo. 4, c. 34, s. 27 (I.). The rest of the clause is framed on the Irish Acts of the 27 Geo. 3, c. 15, s. 5; 40 Geo. 3, c. 96, s. 5; 5 Geo. 4, c. 25, s. 5; and 5 Vict., Sess. 2, c. 28, ss. 7, 19. The amendments consist in including ministers not of the Church of England and Ireland, and all places of Divine worship, and all burial places, and in adding the endeavour to prevent or obstruct, the offering any violence to, and the arrest under pretence of executing any civil process of, any clergyman or minister engaged in or about engage in any of the rites or duties mentioned in this clause. to As to hard labour, &c., see ante, p. 5. Assaulting a magistrate, &c. on account of his preserving wreck. 37. Whosoever shall assault and strike or wound any magistrate, officer, or other person whatsoever lawfully authorised, in or on account of the exercise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects wrecked, stranded, or cast on shore, or lying under ·water, 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 any term not exceeding seven years and 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 9 Geo. 4, to commit felony, or 38. Whosoever shall assault any person with intent Assault to commit felony, or shall assault, resist, or wilfully with intent obstruct any peace officer in the due execution of his duty, or any person acting in aid of such officer, or on peace shall assault any person with intent to resist or pre- officers, &c. vent the lawful apprehension or detainer of himself or of any other person for any offence, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour. Note. This clause is taken from the 9 Geo. 4, c. 31, s. 25, and 10 Geo. 4, c. 34, s. 31 (I). This clause extends the former enactments to resisting and wilfully obstructing peace officers. Revenue officers were included in the former clause, but are omitted in this, because assaults on them are otherwise provided for. See 16 & 17 Vict. c. 107, s. 251. As to hard labour, &c., see ante, p. 5. to obstruct 39. Whosoever shall beat, or use any violence Assaults or threat of violence to any person, with intent to with intent deter or hinder him from buying, selling, or other- the sale of wise disposing of, or to compel him to buy, sell, or grain, or otherwise dispose of, any wheat or other grain, flour, its free meal, malt, or potatoes, in any market or other place, or shall beat or use any such violence or threat to any person having the care or charge of any wheat or other grain, flour, meal, malt, or potatoes, whilst on the way to or from any city, market town, or passage. |