Assaults on seamen,

&c.

Assaults arising

from combination.

other place, with intent to stop the conveyance of the same, shall, on conviction thereof before two justices of the peace, be liable to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding three months: Provided that no person who shall be punished for any such offence by virtue of this section shall be punished for the same offence by virtue of any other law whatsoever.

Note. This section assimilates part of the 9 Geo. 4, c. 31, s. 26, and part of the 14 & 15 Vict. c. 92, s. 2. It omits the word "wound" in the former, because a wounding with any of the intents specified in this clause would fall within section 20 of this Act; and it introduces "threat of violence," and the intent to compel the party to buy, sell, or dispose of the things specified.

40. Whosoever shall unlawfully and with force hinder or prevent any seaman, keelman, or caster from working at or exercising his lawful trade, business, or occupation, or shall beat or use any violence to any such person with intent to hinder or prevent him from working at or exercising the same, shall, on conviction thereof before two justices of the peace, be liable to be imprisoned and kept to hard labour in the common gaol or house of correction for any term not exceeding three months: Provided that no person who shall be punished for any such offence by reason of this section shall be punished for the same offence by virtue of any other law whatsoever.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 26, and is new in Ireland.

41. Whosoever, in pursuance of any unlawful combination or conspiracy to raise the rate of wages, or of any unlawful combination or conspiracy respecting any trade, business, or manufacture, or

respecting any person concerned or employed therein, shall unlawfully assault any person, 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 partly from the 9 Geo. 4, c. 31, s. 25, which had the words "any assault committed in pursuance of any conspiracy to raise the rate of wages;" and the rest from the 10 Geo. 4, c. 34, s. 28 (I.), but that clause required the assault to be committed "with intent to do grievous bodily harm," and made the punishment seven years' transportation.

As to hard labour, &c., see ante, p. 5.

mon assault

to pay

fine and

42. Where any person shall unlawfully assault or Persons beat any other person, two justices of the peace, committing upon complaint by or on behalf of the party ag- any comgrieved, may hear and determine such offence, and or or battery the offender shall, upon conviction thereof before may be imthem, at the discretion of the justices, either be prisoned or compelled committed to the common gaol or house of correc- by two tion, there to be imprisoned with or without hard magistrates labour for any term, not exceeding two months, or else shall forfeit and pay such fine as shall appear costs not to them to be meet, not exceeding, together with exceeding costs (if ordered), the sum of five pounds; and if 5. such fine as shall be so awarded, together with the costs (if ordered), shall not be paid, either immediately after the conviction or within such period as the said justices shall at the time of the conviction appoint, they may commit the offender to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for any term not exceeding two months, unless such fine and costs be sooner paid.

Note. This clause is framed from the 9 Geo. 4, c. 31, s. 27.

Persons

convicted

of aggra

vated

females

and boys under fourteen years of age may be imprisoned or fined.

Under that section the complaint could only be made by the party aggrieved; this clause, in order to enable parents and others to complain on the part of an injured child, permits it to be made by any one on its behalf, and so it might under the 14 & 15 Vict. c. 92, s. 2 (I.), which is assimilated in this clause with the 9 Geo. 4, c. 31, s. 27.

By the 9 Geo. 4, c. 31, s. 7, the justices had only power to fine in the first instance; by the 14 & 15 Vict. c. 92, s. 2, they might either fine or commit for two months; and under this clause they may either fine or commit.

This clause also gives the justices power to commit to hard labour either in the first instance, or on default of payment of a fine.

43. When any person shall be charged before two justices of the peace with an assault or battery upon any male child whose age shall not in the opinion assaults on of such justices exceed fourteen years, or upon any female, either upon the complaint of the party aggrieved or otherwise, the said justices, if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions herein-before contained as to common assaults and batteries, may proceed to hear and determine the same in a summary way, and, if the same be proved, may convict the person accused; and every such offender shall be liable to be imprisoned in the common gaol or house of correction, with or without hard labour, for any period not exceeding six months, or to pay a fine not exceeding (together with costs) the sum of twenty pounds, and in default of payment to be imprisoned in the common gaol or house of correction for any period not exceeding six months, unless such fine and costs be sooner paid, and, if the justices shall so think fit, in any of the said cases, shall be bound to keep the peace and be of good behaviour for any period not exceeding six months from the expiration of such

sentence.

Note. This clause is taken from the 16 & 17

Vict. c. 30, s. 1, and extended to Ireland.

dismiss the

complaint,

certificate

44. If the justices, upon the hearing of any such If the macase of assault or battery upon the merits, where the gistrates complaint was preferred by or on the behalf of the party aggrieved, under either of the last two pre- they shall ceding sections, shall deem the offence not to be make out a proved, or shall find the assault or battery to have to that been justified, or so trifling as not to merit any effect. punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate under their hands stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.

Note. This clause is limited to the case where a complaint is made by or on behalf of the party aggrieved. The 9 Geo. 4, c. 31, s. 27, only applied to a case where the complaint was made by the party aggrieved, and unless this clause had been limited as it is, any person who had committed an aggravated assault, might have got some friend to make a complaint and get the case heard by the justices, on insufficient evidence, and might, by virtue of ss. 44 and 45, have deprived the party aggrieved of any remedy by action or indictment.

Under the 9 Geo. 4, c. 31, s. 27, where a party aggrieved made a complaint, and obtained a summons and served it on the defendant, but before the day for hearing, gave notice, both to the defendant not to attend, and to the magistrates' clerk that he should not attend, and the defendant attended, and claimed to have the information dismissed, and a certificate of dismissal granted, notwithstanding the prosecutor's absence, it was held that the justices were warranted in granting such certificate, and that it was a bar to an action for the assault. Tunnicliffe v. Tedd, 5 C. B. 553; Vaughton v. Bradshaw, 9 C. B. (N. S.) 103. Under the

Certificate

or conviction shall any other proceeding.

be a bar to

These pro

present clause these cases are no authority; for in order to obtain a certificate under it the case must be heard "upon the merits;" that is, the decision of the justices must be after having heard the evidence. The 14 & 15 Vict. c. 93, s. 21 (I.), required the justices to state in the certificate that the dismissal was on the merits, or that the assault was of a trifling or justifiable nature.

45. If any person, against whom any such complaint as in either of the last three preceding sections mentioned shall have been preferred by or on the behalf of the party aggrieved, shall have obtained such certificate, or, having been convicted, shall have paid the whole amount adjudged to be paid, or shall have suffered the imprisonment or imprisonment with hard labour awarded, in every such case, he shall be released from all further or other proceedings, civil or criminal, for the same cause.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 28; and see the 14 & 15 Vict. c. 93, s. 21. See the note to the last section.

46. Provided, that in case the justices shall find visions not the assault or battery complained of to have been to apply to certain accompanied by any attempt to commit felony, or cases. 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 if they had no authority finally to hear and determine the same: Provided also, that nothing herein contained shall authorise any justices to hear and determine 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.