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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.

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Assaults on 40. Whosoever shall unlawfully and with force seamen, 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.

Assaults 41. Whosoever, in pursuance of any unlawful arising combination or conspiracy to raise the rate of wages, from combination. me or of any unlawful combination or conspiracy re

specting 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.

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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 com: grieved, may hear and determine such offence, and or battery the offender shall, upon conviction thereof before may be imthem, at the discretion of the justices, either be prisoned

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 to 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 • 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.

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 rith 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.

Persons 43. When any person shall be charged before two convicted justices of the peace with an assault or battery upon of aggravated

any male child whose age shall not in the opinion assaults on of such justices exceed fourteen years, or upon any females female, either upon the complaint of the party agand boys

grieved or otherwise, the said justices, if the assault fourteen or battery is of such an aggravated nature that it years of cann

cannot in their opinion be sufficiently punished under age may be imprisoned the provisions herein-before contained as to common or fined. 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.

to that

44. If the justices, upon the hearing of any such If the macase of assault or battery upon the merits, where the gistrates

dismiss the complaint was preferred by or on the behalf of the complaint. 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

certificate 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 prose-
cutor'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

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.

Certificate 45. If any person, against whom any such comor convic- plaint as in either of the last three preceding sections tion shall

to mentioned shall have been preferred by or on the behalf be a bar to any other of the party aggrieved, shall have obtained such cerproceed- tificate, or, having been convicted, shall have paid ing.

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.

These pro- 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.

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