&c. did then and there violently prevent the said J. B. from arresting the said B. W. as by the same writ he was commanded, &c. (Conclusion as in pr. 33.)

60. Indictment under the stat. 9 G. 1. c. 22. (q) for shooting at a person in his dwelling-house.

That A. B. late of, &c. labourer, being an ill-designing and disorderly (r) person, of a wicked and malicious disposition, and not regarding the laws and statutes of this realin, nor the pains and penalties therein contained, on, &c. with force and arms, at, &c. in the county aforesaid (s), with a certain gun, loaded with gun

powder and a leaden bullet, which he the said A. B. in both his bands then and there had and beld, be the said A. B. with the said gun, so being loaded as aforesaid, did then and there wilfully, maliciously (t), unlawfully, knowingly, and feloniously shoot at C. D. (the said C. D. then and there being in his own dwelling-house u), against the forin of the statute, &c. and against the peace, &c. (Add a count omitting the words loaded with gunpowder, &c.")

An indictment charging several with a single shooting may be framed thus (x).

That A. B. late of in the county of ---, labourer, C. D. late of, &c. labourer, E. F. late of, &c. labourer, being evil, designing, and disorderly persons, and of wicked and malicious minds and dispositions, on, &c. with force and arms, at, &c. in and upon one G. H. did unlawfully, wilfully, maliciously, and felon.ously, make an assault, and with a certain gun, loaded with gunpowder, and divers leaden bullets, to wit, three lea len bullets, unlawfully, wilfully, maliciously, and feloniously, did then and there shoot at the said S. P. against the form of the statute, &c. and against the peace, &c.

61. Indictment of felony, by slitting a nose, and against the aider and abettor.

(Commencement as in pr. 33. to the *, stating the assault to have been made jointly.) Coutriving and in

prosecutor; then they should find the prisoner guilty. And the judges were of opinion, that the direction was right, and that the Coalheavers' case was good law.

(t) These words are essential, see p. 212.

(u) The words of the statute are, in any dwelling-house or in other place, and therefore this allegation is unnecessary. In Durore's case, p. 178, the owner's name was alleged, and a variance from it in evidence was holden to be fatal.

But

in prosecutions for robbery, it has been holden, that such an averment might be rejected as surplusage, see p. 178; and probably the same was holden upon an indictment under this statute. In Harris's case, East. P. C. 415. on 'an indictment under this act it was objected, that the prisoner, having fired at the party within his own house, was not within the statute; but the judges held, that the objection was unfounded.

D D

(a) See the Coalbeavers' case, Leach, 76.

tending one E. C. then and yet being a subject of our said lord the king, to maim and disfigure, at, &c. with force and arms, in and upon the said E. C. on purpose, and of their malice aforethought, and by laying in wait, unlawfully and feloniously did make an assault, and that the said J. W. with a certain iron bill, of the value of one penny, which he the said J. W. in his right hand then and there bad and held, the nose of the said E. C. on purpose, and of his malice aforethought, and by lying in wait, then and there unlawfully and feloniously did slit, with intention the said E. C. in so doing, in manner aforesaid, to maim and disfigure; and that the aforesaid A. C. at the time the aforesaid felony, by the said J. W. in manner and form aforesaid, was done and committed, to wit, on, &c. at, &c. with force and arms, on purpose, and of his malice aforethought,and by lying in wait, unlawfully and feloniously was present, knowing of and privy to the committing of the said felony, aiding, and abetting the said J. W. in the felony aforesaid, in manner and form aforesaid done and committed; and so the jurors aforesaid, upon their oath aforesaid, do say, that the said J. W. and A. C. on, &c. at, &c. with force and arms, on purpose, and of their malice aforethought, and by lying in wait, the felony aforesaid, in form aforesaid, unlawfully and feloniously did do and commit, and each of them did do and commit, against the peace, &c. and against the form, &c.

By stat. 22 & 23 Car. 2. c. 1. s. 7. if any person or persons, from and after the 24th day of June, in the year of our Lord 1671, on purpose, and of malice forethought, and by lying in wait, shall unlawfully cut out or disable the tongue, put out an eye, slit the nose, cut off a nose or lip, or cut off or disable any limb or member of any subject of his majesty, with intention in so doing to maim or disfigure, in any the manners before mentioned, such his majesty's subject, that then, and in every such case, the person or persons so offending, their counsellors, aiders, and abettors, (knowing of and privy to the offence aforesaid,) shall be guilty of felony, without benefit of clergy.

62. For striking a person with a weapon in a churchyard (a).

(Commencement as in pr. 33 to the *.) In a certain churchyard belonging to the same parish, and there situate, maliciously did strike one E. F. spinster, with a certain weapon made of iron and steel, called a sword, which he the said A. B. then and there had and heli in his right hand, against the form, &c. and against the peace, &c.

(If the weapon be drawn with intent to strike another, then say, with his right hand did draw a certain weapon called a hanger, to the intent to strike one M. P. with the same weapon, against the form of the statute, &c. and against, &c. as above. (But if a person draw a weapon to the intent to strike, and actually strike, charge the drawing with intent, &c. as above, and add a count for the striking as in the first precedent.)

(a) By stat. 5 & 6 Edw. 6. c. 4. s. 3. if any person shall maliciously strike another with any weapon, in any church or church-yard, or shall draw any weapon in any church or church-yard to the intent to strike another with the same weapon, that then every person so offending, and thereof being convicted by verdict of twelve men, or by his own confession, or by two lawful witnesses, before the justices of assize, justices of oyer and terminer, or justices of peace in their sessions, by force of this act, shall be adjudged, by the same jus

tices before whom such person shall be convicted, to have one of his ears cut off: and if the person or persons so offending have none ears, whereby he or they shall receive such punishment as is before declared, that then he or they be marked and burned in the cheek with an hot iron having the letter F. whereby he or they may be known to be fray-makers and fighters; and besides, that every such person to be and stand ipso facto excommunicated, and be excluded from the fellowship and company of Christ's congregation,

* So in stat.

63. For an assault with intent to rob, under the stat. 7 G. 2. c. 21 (b).

(Commencement as in pr. 1.) In and upon C. D. unlawfully, maliciously, and feloniously, did niake an assault,