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township of Blackburn, in the county of L. in and upon one C. S. a subject of our said lord the king, then and there being, feloniously, wilfully, maliciously, and un

of loaded fire arms at any of his majesty's subjects, and attempt, by drawing a trigger, or in any other manner, to discharge the same at or against his or their person or persons; or shall wilfully, maliciously, and unlawfully stab or cut any of his majesty's subjects, with intent in so doing, or by means thereof, to murder, or rob, or to maim, distigure, or disable such his majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his majesty's subject or subjects, or with intent to obstruct, resist, or prevent the lawful apprehension and detainer of the person or persons so stabbing or cutting, or the lawful apprehension and detainer of any of his, her, or their accomplices, for any of fences for which he, she, or they may be respectively liable by law to be apprehended, imprisoned, or detained; or shall wilfully, maliciously, and unlawfully administer to, or cause to be administered to or taken by any of his majesty's subjects, any deadly poison, or other noxious or destructive substance or thing, with intent such his majesty's subject or subjects thereby to murder, or thereby to cause and procure the miscarriage of any woman then being quick with child; that then and in every such case, the person or persons so offending, their counsellors,

aiders, and abettors, knowing of and privy to such offence, shall be and are thereby declared to be felons, and shall suffer death as in cases of felony, without benefit of clergy.

Provided always, that in case it shall appear on the trial of any person or persons indicted for the wilfully, maliciously, and unlawfully shooting at any of his majesty's subjects, or for wilfully, maliciously, and unlawfully presenting, pointing, or levelling any kind of loaded fire arms, at any of his majesty's subjects, and attempting, by drawing a trigger, or in any other manner, to discharge the same at or against his or their person or persons, or for the wilfully, maliciously, and unlawfully stabbing or cutting any of his majesty's subjects, with such intent as aforesaid; that such acts of stabbing or cutting were committed under such circumstances as that if death had ensued therefrom, the same would not in law have amounted to the crime of murder, that then and in every such case the person or persons so indicted shall be deemed and taken to be not guilty of the felonies whereof they shall be so indicted, but be thereof acquitted.

And by sec. 2. it is enacted, that if any person or persons, from and after the said first day of July, in the said year of our Lord 1803, shall wilfully and

lawfully, did make an assault, and with a certain sharp (1) instrument then and there feloniously, wilfully, maliciously, and unlawfully, did strike and cut the said C. S. in and upon the left hand of him the said C. S. with intent, in so doing, wilfully, maliciously, and feloniously, to obstruct, resist, and prevent the lawful apprehension and detention of him the said T. R. for a certain offence, to wit, for the felonious stealing, taking, and carrying away of 100 pounds weight of cotton twist, of the value of twenty shillings, of. the goods and chattels of the said C. S. before then feloniously stolen, taken, and carried away by him the said T. R. to wit, at the township aforesaid, in the county aforesaid, for which said offence, he the said T. R. was then and there liable by law to be apprehended, imprisoned, and detained, to the great damage of the said C. S. against the form of the stat. &c. and against the peace, &c.

(Second count.) And the jurors, &c. that the said T. R. heretofore, to wit, on, &c. with force and arms, at, &c. in and upon the said C. S. feloniously, wilfully, maliciously, and unlawfully, did make an assault with a certain sharp (1) instrument, to wit, a knife, and then and there feloniously, wilfully, maliciously, and unlawfully, did strike and cut the said C. S. in and upon the left hand of him the said C. S. with intent in so doing, feloniously, wilfully, maliciously, and unlawfully, to obstruct, resist, and prevent the lawful apprehension and

aiders, and abetters, knowing of and privy to such offence, shall be, and thereby are de

maliciously administer to, or cause to be administered to, or taken by any woman, any medicines, drug, or other sub-clared to be, guilty of felony, stance or thing whatsoever; or shall use or employ, or cause or procure to be used or employed, any instrument or other means whatsoever, with intent thereby to cause or procure the miscarriage of any woman not being, or not being proved to be, quick with child at the time of administering such things, or using such means; that then and in every such case the person or persons so offending, their counsellors,

and shall be liable to be fined, imprisoned, set in and upon the pillory, publicly or privately whipped, or to suffer one or more of the said punishments, or to be transported beyond the seas for any term not exceeding fourteen years, at the discretion of the court before which such offender shall be tried and convicted.

(1) These words are usually inserted, but are not contained in the purview of the act.

detention of him the said T. R. for a certain offence, to wit, for a felony, before then committed by him the said T. R. at the township aforesaid, in the county aforesaid, for which said last-mentioned offence, he the said T. R. was then and there liable by law to be apprehended, imprisoned, and detained, against the form of the stat. &c. and against the peace, &c.

(Third count.) And the jurors, &c. that the said T. R. heretofore, to wit, on the day and year aforesaid, with force and arms, at the township aforesaid, in the county aforesaid, in and upon the said C. S. feloniously, wilfully, maliciously, and unlawfully, did make an assault, and with a certain sharp instrument then and there feloniously, wilfully, maliciously, and unlawfully, did strike and cut the said C. S. in and upon the left hand of him the said C. S. with intent in so doing, wilfully, maliciously, feloniously, and unlawfully, to obstruct, resist, and prevent the lawful apprehension and detention of him the said T. R. for a certain offence before then committed by the said T. R. to wit, at the township aforesaid, in the county aforesaid, for the committing of which said last-mentioned offence, he the said T. R, was then and there liable by law to be apprehended, imprisoned, and detained, against the form of the statute, &c. and against the peace, &c.

(Fourth count.) In and upon the said C. S. then and there being, feloniously, wilfully, maliciously, and unlawfully, did make an assault, and with a certain sharp and cutting (m) instrument, to wit, a knife, did then and there feloniously, wilfully, maliciously, and unlawfully, cut the said C. S. in and upon the left hand of him the said C. S. with intent in so doing, wilfully, maliciously, feloniously, and unlawfully to disable him the said Č. S. to the great damage of him the said C. S. against the form of the stat. &c. and against the peace, &c.

(Fifth count.) In and upon the said C. S. then and there being, feloniously, wilfully, maliciously, and unlawfully, did make an assault, and with a certain sharp and cutting instrument did then and there feloniously, wilfully, maliciously, and unlawfully, cut the said C. S. in and upon the left hand of him the said C. S. with intent in so doing, wilfully, maliciously, feloniously, and unlawfully, to

(m) See the last note.

do some grievous bodily harm to him the said C. S. against the form of the statute, &c. and against the peace (n), &c.

177. For maliciously shooting at and cutting (o).

That I. M. late of Manchester, in the county of Lancaster, labourer, H. M. late of the said place, labourer, and T. M. late of the same place labourer, on, &c. with force and arms, at, &c. with a certain pistol, loaded with gunpowder and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously, and unlawfully, did shoot at one J. M. then and there being a subject of our said lord the king, and in the peace of God and our said lord the king, then and there being, and with divers sharp and offensive weapons, to wit, with a certain sword, and with a certain hedging hook, him the said J. M. then and there being such subject as aforesaid, they the said I. M., H. M., and T. M. then and there feloniously, wilfully, maliciously, and unlawfully did cut, with intent in so doing, that is to say, in so shooting at and cutting the said J. M. and by means thereof feloniously, wilfully, and of their malice aforethought, to murder him the said J. M. then and there being such subject as aforesaid, against the form, &c. and against the peace, &c.

(Second count.) That the said I. M. &c. on, &c. with force and arms, at, &c. with a certain pistol loaded with gunpowder, and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously, and unlawfully, did shoot at the said J. M. then and there being such subject as aforesaid, &c. (as in the first count) with intent, in so doing, that is to say, in so shooting at and cutting the said J. M. and by means thereof to maim and disable him the said J. M. then and there being such subject as aforesaid, against the form of the statute, &c. and against the peace, &c.

(Third count.) The like with intent in so doing, to wit, in so shooting at and cutting the said J. M. and by means thereof to do some grievous bodily harm to him the said J. M. then and there being such subject as aforesaid, against the form, &c.

(n) R. V. Robinson, Ass. Lanc. 1812. the prisoner was convicted and executed.

(0) Under the stat. 43 G. 3.

c. 58. s. 1. see p. 554.

(Fourth count.) And the jurors, &c. thatthe said I. M., H. M., and T. M. on said 18th day of April, in the 52nd year aforesaid, with force and arms, at, &c. with a certain pistol loaded with gunpowder, and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously, and unlawfully, did shoot at the said J. M. then and there being such subject as aforesaid, and in the peace, &c. then and there being, with intent in so doing, and by means thereof then and there feloniously, wilfully, and of their malice aforethought, to murder him the said J. M. then and there being such subject as aforesaid, against the form of the statute, &c. and against the peace, &c.

(Fifth count.) The like with intent in so doing, and by means thereof, to maim and disable him the said J. M. then and there being such subject as aforesaid, against the form, &c.

(Sixth count.) The like with intent in so doing, and by means thereof to do some grievous bodily harm to him the said J. M. then and there being such subject as aforesaid, against the form, &c.

(Seventh count.) And the jurors, &c. that the said I. M., H. M., and T. M., on &c. with force and arms, at, &c. with divers sharp and offensive weapons, to wit, with a certain sword and a certain hedging hook, feloniously, wilfully, maliciously, and unlawfully, did cut the said J. M. then and there being such subject as aforesaid, and in the peace, &c. then and there being, with intent in so doing, and by means thereof, then and there feloniously, wilfully, and of their malice aforethought, to murder him the said J. M. then and there being such subject as aforesaid, against the form, &c.

(Eighth count.) The like, with intent in so doing and by means thereof, to maim and disable him the said J. M. then and there being such subject as aforesaid, against the form, &c.

(Ninth count.) The like, with intent in so doing and by means thereof, to do some grievous bodily harm to him. the said J. M. then and there being such subject as aforesaid, against the form, &c.

(Tenth count.) And the jurors, &c. that the said I. M. &c. afterwards, to wit, on, &c. with force and arms, at, &c. with a certain pistol loaded with gunpowder, and divers, to wit, six leaden slugs, feloniously, wilfully, maliciously, and unlawfully, and knowingly, did shoot at the said J. M. the said J. M. then and there being in his

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