Page images
PDF
EPUB

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 aiders, and abettors, knowing his majesty's subjects, and at of and privy to such offence, tempt, by drawing a trigger, shall be and are thereby deor in any other manner, to dis- clared to be felons, and shall charge the same at or against suffer death as in cases of fehis or their person or persons; Tony, without benefit of clergy. or shall wilfully, maliciously, Provided always, that in case and unlawfully stab or cut any it shall appear on the trial of of his majesty's subjects, with any person or persons indicted intent in so doing, or by means for the wilfully, maliciously, thereof, to murder, or rob, or and unlawfully shooting at any to maim, distigure, or disable of his majesty's subjects, or for such bis majesty's subject or wilfully, maliciously, and unsubjects, or with intent to do lawfully presenting, pointing, some other grievous bodily or levelling any kind of loaded harm to such his majesty's fire arms, at any of his masubject or subjects, or with in- jesty's subjects, and attempttent to obstruct, resist, or pre- ing, by drawing a trigger, or vent the lawful apprehension in any other manner, to disand detajuer of the person or charge the same at or against persons so stabbing or cutting, his or their person or persons, or the lawful apprehension and or for the wilfully, maliciously, detainer of any of bis, her, or and unlawfully stabbing or their accomplices, for any of- cutting any of his majesty's fences for which he, she, or they subjects, with such intent as nay be respectively liable by aforesaid; that such acts of stablaw to be apprehended, impri- bing or cutting were commitsoped, or detained; or shall ted under such circumstances wilfully, maliciously, and un- as that if death had ensued lawfully administer to, or cause therefrom, the same would not to be administered to or taken in law have amounted to the by any of his majesty's sub- crime of murder, that then jects, any deadly poison, or and in every such case the perother noxious or destructive son or persons so indicted shall substance or thing, with intent be deemed and taken to be pot such 'his majesty's subject or guilty of the felonies whereof subjects thereby to murder, or they shall be so indicted, but thereby to cause and procure be thereof acquitted. the miscarriage of any woman And by sec. 2. it is enacted, then being quick with child; that if any person or persons, that then and in every such from and after the said first day case, the person or persons so of July, in the said year of our offending, their counsellors, 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 armis, at, &c, in and upon the said C. S. feloniously, wilfully, maliciously, and unlawfully, did make an assault with a certain 'sharp (l) instrument, to wit, a knife, and then and there feloniously, wilfully, maliciously, and unlaw. fully, 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, felo. niously, wilfully, maliciously, and unlawfully, to obstruct, resist, and prevent the lawful apprehension and

maliciously administer to, or aiders, and abetters, knowing cause to be administered to, or of and privy to such offence, taken by any woman, any me- shall be, and therehy are dedicines, drug, or other sub- clared to be, guilty of felony, stance or thing whatsoever; or, and shall be liable to be fined, shall use or employ, or cause imprisoned, set in and upon or procure to be used or em- the pillory, publicly or priployed, any instrument or vately whipped, or to suffer one other means whatsoever, with or more of the said punishintent thereby to cause or pro. ments, or to be transported becure the miscarriage of any yond the seas for any term woman not being, or not being not exceeding fourteen years, proved to be, quick with child at the discretion of the court at the time of administering before which sucloftender such things, or using such shall be tried and convicted. means; that then and in every (1) These words are usually such case the person or persons inserted, but are not contained so offending, their counsellors, 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-vientioned 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 arnis, 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 Č. S, in and upon the left band 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 (0). 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

Sosti boting at ang cutting the sand, 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. (0) Under the stat. 43 G. 3. Lanc. 1812. the prisoner was c. 58. s. 1. see p. 554., convicted and executed.

(Fourth count.) And the jurors, &c. thatthe said I, M., H. M., and T. M. on said i8th 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, wil. fully, 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

« PreviousContinue »