E. W. to wit, at, &c. the said E. W. on the several days and times, and during all the time aforesaid, living separately and apart from the said S. R. her husband, to wit, at, &c. contrary to the duty of her the said E. R. as the mistress of the said E. W. by reason of all which premises she the said E. W. afterwards, to wit, on, &c. became, and was, and for a long time, to wit, the space of six months then next following, continued to be very weak, sick, and ill, and greatly consumed and emaciated in her body, to wit, at, &c. aforesaid, to the great damage of the said E. W. in contempt, &c. to the evil example, &c. and against the peace, &c. woman so that the (x) That J. H. late of the parish of St. Sepulchre, in the county For as of Middlesex, ycoman, on the fourth day of April, in the twentysaulting a first year of the reign of our sovereign lord George the Third, with child, King of Great Britain, &c. with force and arms, at the parish child was aforesaid, in the county aforesaid, in and upon M. the wife of brought forth dead. one W. E. in the peace of God and our said lord the king, then and there being big with a quick child, did make an assault, and her the said M. then and there did beat, wound, and ill-treat, so that her life was greatly *despaired of, by reason whereof [*832] she the said M. afterwards, to wit, on the twenty-ninth day of the same month of April, in the year aforesaid, at the parish of St. Sepulchre aforesaid, in the county aforesaid, did bring forth. the said child dead, and other wrongs to the said M. then and there did, to the great damage of the said W. E. and M. his wife, and against the peace, &c. And the jurors aforesaid, &c, [Another count for a common assault as ante 821.*] of a turn In and upon one J. D (then and there being one of the col-For assaulting lectors and receivers of the monies payable, by virtue of a cer-one of the tain act of parliament, made in the thirteenth year of the reign collectors of his present majesty King George the Third,, intituled "Anp Act to explain, amend, and reduce into one act of parliament, execution the general laws now in being for regulating the turnpike roads office. (x). (w) See other precedents, Cro. C. C. 64. Starkie, 386. (x) See similar precedents, Cro. C. C. 60. 2 Starkie, 393. of his For as cution of of his in that part of Great Britain called England; and for other purposes." and in the peace of God and our said lord the now king, and in the execution of his said office then and there also being) did make an assault, and him the said J. D. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of, and other wrongs, &c. against the peace &c. [Second count for a common assault as ante 821.*] That A. B. late of, &c. on, &c. with force and arms, at, &c. sauiting a constable aforesaid, in and upon one J. W. (then being one of the constain the exe-bles (z) of the said parish of St. Dunstan in the West, in the said county of Middlesex, in the peace of God and our said lord office. (y) the king, and in the due execution of his said office then and there also being) did make an assault, and him the said J. W. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of, and other wrongs, to the said J. W. then and there did, to the great, &c. [Second count for a common assault as ante 321.*] That A. B. late of, &c. and C. D. late of, &c. on, &c. with force For assaulting a and arms, at, &c. aforesaid, in the manner of game , into a Keeper in certain field and close of and belonging to W. S. there lying and the execu-being, unlawfully and injuriously did enter, and in and upon one duty. (a) E. F. (then being gamekeeper of the said manor, duly deputed, tion of his [*833] authorized, and appointed by G. H. esquire, then and yet lord of the manor aforesaid) and in the peace of God and our said lord the king, and in the due execution of his duty as a gamekeeper of the said manor then and there also being, did make an assault and him the said E. F. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of, and other wrongs, &c. [Second count for common assault as ante 821.*] (y) See similar precedents, Cro C. C. 60. 2 Starkie, 385. (z) This is a sufficient allegation that he was a constable, and the allegation would be satisfied by evi dence, that he acted as such; see 2 Leach, 515. 4 T. R. 607. 5 T. R. 607. 3 T. R. 632. (a) See other precedents, Cro C. C. 61. Starkie, 391. On 9 Ann. c 14. sault and battery on money won at That S. E. of, &c. on, &c. at, &c. did, by playing at dice, (c) win of C. D. late of, &c. fifty pounds, and that the said S E. For an ashaving so won the said sum by playing at dice as aforesaid, the said C. D. afterwards on, &c. with force and arms, at, &c. afore- account of said, did assault and beat the said S. E. upon account of the said money so won by the said S. E. playing at dice as aforesaid, play. (b) contrary to the form of the statute, &c. and against the peace, &c. [Second count that the money was won by betting on playing dice." Third count for a common assault as ante 821.*] in a more [After stating the assault as ante 821.* proceed as follows:] The like And then and there did beat the said C. D. on account of money concise then and there won by the said C. D. from him the said A. B. from. (d) by then and there gaming and playing at dice, to the great damage, &c. against the form, &c. and against the peace, &c. That A. B. late of, &c. on, &c. at, &c. in a public street and [*834] highway there, called Holborn, in and upon one E. M. spinster, On 6 Geo. in the peace of God and our said lord the king, in the said pub- For aslic street and highway then and there being, wilfully malicously, saulting (b) See 4 East 175. 2 Starkie, 407. East P. C. 423. The 9 Ann c. 14. s. 8. enacts, that in case any person or persons whatsoever shall assault and beat, or shall challenge or provoke to fight any other person or persons whatsoever, upon account of any money won by gaming, playing or betting at any of the games therein mentioned, or other game or games whatsoever, such person or persons upon the account aforesaid, shall, being thereof convicted upon an indictment or information, forfeit all his goods, chattels, and personal estate, and suffer imprisonment in the common gaol of the county in which such conviction shall be had, during the term of two years. The above was the indictment against Hill Darley, on which he was convicted. In this case the assault was not committed at the time of playing, nor indeed until the day after; and the case of Randall and others, 1 (c) It has been suggested, that it 1. c. 28. on the a person and feloniously did make an assault with an intent wilfully and maliciously to tear, spoil, cut and deface the garments and and spoil- clothes of her the said E. M and, with force and arms, did in ing, cut highway, her gar ting, and the said public street and highway then and there wilfully, madefacing liciously, and feloniously, tear, spoil, cut and deface one printed ments and linen gown, of the value of thirty shillings, of the goods and clothes. chattels of the said E. M. being part of the garments and cloaths (e) of her the said E. M. on her person then and there in wear, to [*835] (e) See other precedents Cro. C. C. 67. Starkie, 405. 1 Leach, 529. This offence is founded on 6 Geo 1. ch. 23. s. 11. which enacts, "That if any person or persons shall, at any time or times, from and after the twenty-fourth day of June, in the year of our Lord one thousand seven hundred and twenty, wilfully and maliciously assault any person or persons, in the public streets or highways, with an intent to tear, spoil, cut, burn or deface, and shall tear, cut, burn or deface, the garments and clothes of such person or persons, that then all and every such. person or persons so offending, be. ing thereof lawfully convicted, shall be and be adjudged guilty of felony, and every such felony shall be subject and liable to like pains and penalties as in cases of felony; and the courts by and before whom he, she, or they shall be tried, shall have full power and authority of transporting such felons, for the space of seven years." The occasion on which this act was passed, was singular: on the introduction of Indian fashions in this country, the silk weavers, consider ing they would be detrimental to to their manufacture, made it a prac. tice to tear and destroy the clothes which were of a different texture from the article which they wove; and this 6 Geo I. was made to put a stop to such practices, 1 Leach, 534. To constitute an offence under it, it is necessary that the assault should be made, 1st. in a public street or highway: 2ndly. that it be made wil. fully and maliciously; 3dly. that it be with intent to tear, spoil, cut, burn or deface, the garments or clothes of the person against whom it is directed; and 4thly. that such tearing, spoiling, cutting, burning or defaing, be actually effected, 1 Leach, 531. It has been laid down that if the intent be to cut both the clothes and the person, the case is within the meaning of the act, and that if the principal design be to cut the person, and, in its execution, the clothes must necessarily be rent, this also will support the proceedings. But the majority of the judges thought otherwise: they considered that the primary intent must be to injure the clothes, as the legistature never contemplated the wounding. 1 Leach, 529. To this decision the case of Coke and Woodbourn, 6 Harg. St. Tr. 804. seems contrary in that case the defendants were indicted under the Coventry Act, and they were convicted of cutting with intent to disfigure, though their design was doubtless to kill. And this seems reasonable, where the intent to commit the higher offence, necessarily implies the less atrocious. Some argument might perhaps be drawn from an analogy to the cases of murder, where the defendant may be found guilty of killing with malice aforethought, thought the original design were to commit a different felony. And as the case in question was decided, partly at least, on a defect in the indictment, it does not. appear conclusive. the great damage, &c. against the form &c. and against the peace, &c. INDICTMENTS FOR ASSAULTS AND FALSE IM- in the false im ment. (f) Middlesex. The jurors for our lord the king upon their For an asoath present, that A. B. late of the parish of L. in the county of Sault and M. yeoman, on the - day of . - year of the reign of our prisonsovereign lord George the Third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, with force and arms, at the parish aforesaid, in the county aforesaid, in and upon one M. D. in the peace of God and our said lord the king then and there being, did make an assault, and him the said M. D. then and there did beat, wound and ill-treat, so that his life was greatly despaired of; and him, the said M. D. then and there unlawfully, and injuriously, against the will and without the consent of the said M. D. and also against the laws of this realm, without any legal warrant, authority, or justifiable cause whatsoever, did imprison and detain, for a long time, to wit, for the space of &c. then next following,t and other wrongs to the said M. D. then and there did to the great damage of the said M. D. and against the peace of our The Indictment must charge the assault and the actual injury to the clothes at the same time, as the statute is framed in the conjunctive, 1 Leach, 534. And therefore it will not suffice to state that the defendant cut the dress on the same day and year on which the attack was made, because they might be on different parts of the same day, when the requisites of the statute would not be satisfied: but this may be done by the words then and there, which sufficiently imply that the assault and cutting were continuous, 1 Leach, 534. In the case of the King v. Williams, 1 Leach, 528. in which (f) See similar precedents Cro. C. |