Assaults

36 Obstructing or assaulting a clergyman or other minister in the discharge of his duties. C1

Whosoever shall, by threats or force, obstruct or prevent or endeavour to obstruct or prevent, any clergyman or other minister in or from celebrating divine service or otherwise officiating in any church, chapel, meeting house, or other place of divine worship, or in or from the performance of his duty in the lawful burial of the dead in any churchyard or 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 returning 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, . . . F1

37 Assaulting a magistrate, &c. on account of his preserving wreck.

Whosoever shall assault and strike or wound any magistrate, officer, or other person whatsoever lawfully authorized, 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 . . . F2 to be kept in penal servitude for any term not exceeding seven years . . . F2

38X1Assault with intent to commit felony, or on peace officers, &c. C2

Whosoever . . . F3 shall assault any person with intent to resist or prevent 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, . . . F4

39F5 Assaults with intent to obstruct the sale of grain, or its free passage.

Whosoever shall beat, or use any violence or threat of violence to any person, with intent to deter or hinder him from buying, selling, or otherwise disposing of, or to compel him to buy, sell, or otherwise dispose of, any wheat or other grain, flour, 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 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 . . . F6 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.

40F7 Assaults on seamen, &c.

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 . . . F8 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.

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Annotations:
Amendments (Textual)
F9

S. 41 repealed by the Act 34 & 35 Vict. c. 32, Sch.

C342X2F10 Persons committing any common assault or battery may be imprisoned or compelled by two magistrates to pay fine and costs not exceeding 5 l.

Where any person shall unlawfully assault or beat any other person, two justices of the peace, upon complaint by or on behalf of the party aggrieved, may hear and determine such offence, and the offender shall, upon conviction thereof before them, at the discretion of the justices, either be committed to the common gaol or house of correction, there to be imprisoned, F11... for any term not exceeding F356 months, or else shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered), the sum of F12£200; 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, F11... for any term not exceeding F356 months, unless such fine and costs be sooner paid.

F34F33 43 Persons convicted of aggravated assaults on females and boys under fourteen years of age may be imprisoned or fined.

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44 If the magistrates dismiss the complaint, they shall make out a certificate to that effect.

If the justices, upon the hearing of any F13such case of assault or battery upon the merits, where the complaint was preferred by or on behalf of the party aggrieved, F13under either of the last two preceding sections, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate F14. . . stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.

C445 Certificate or conviction shall be a bar to any other proceedings.

If any person against whom any such complaint as F15in section 44 of this Act 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 . . . F16 awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

C6E247 Assault occasioning bodily harm. C5

Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F18. . . to be kept in penal servitude F18 . . .; F22. . . F23 . . .

C6E147 Assault occasioning bodily harm. C5

Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F18 . . . F19to imprisonment for a term not exceeding 7 years . . . F18; and whosoever shall be convicted upon an indictment for a common assault shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding F20two years . . . F21

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27F30

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F28F31

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29F32