livery of such arsenic to the purchaser, entered or caused to be entered in a fair and regular manner, in a book or books to be kept for that purpose (e), a statement of such sale, with the quantity of arsenic so sold, and the purpose for which such arsenic was required or stated to be required, and the day of the month and year of the sale, and the name, place of abode, and condition or occupation of the purchaser; or without signing such entries and obtaining the signature of the purchaser; or, if the purchaser profess to be unable to write, adding the words "cannot write;" and where a witness is required to the sale (see No. 2, infra), obtaining the signature of such witness, together with the place of his abode (14 & 15 Vict. c. 13, s. 1; B. J. P. Supp. 46). Procedure.-Summons, or warrant upon information on oath within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (14 & 15 Vict. c. 13, s. 4).

Penalty. Not exceeding £20 (Id.)

Recovery.-Distress (11 & 12 Vict. c. 43, s. 19) (ƒ).

2. To unknown Purchaser not in Presence of Witness. Selling arsenic to any person who is unknown to the seller unless in the presence of a person known to the seller and to whom the purchaser is known, and who signs his name, together with his place of abode, to such entries before the delivery of the arsenic to the purchaser (14 & 15 Vict. c. 13, s. 2; B. J. P. Supp. 46).

Procedure.-Summons, or warrant upon information on oath within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (14 & 15 Vict. c. 13, s. 4).

Penalty. Not exceeding £20 (Id.)

Recovery.-Distress (11 & 12 Vict. c. 43, s. 19) (f).

3. To a Person under Age.

Selling arsenic to any person other than a person of full age (14 & 15 Vict. c. 13, s. 2; B. J. P. Supp. p. 46).

Procedure.-Summons, or warrant upon information on oath within 6

the same forms part of the ingredients of any medicine required to be made up or compounded according to the prescription of a legally qualified medical practitioner, or a member of the medical profession, or to the sale of arsenic by wholesale to retail dealers, upon orders in writing in the ordinary course of wholesale dealing (8.5).

(e) Form of entry given in the Schedule:

calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices

(14 & 15 Vict. c. 13, s. 4).

Penalty.-Not exceeding £20 (Id.)

Recovery.-Distress (11 & 12 Vict. c. 43, s. 19) (g).

4. Selling uncoloured Arsenic not for use in Agriculture. Selling any arsenic, the same not being before the sale thereof mixed with soot or indigo, in the proportion of one ounce of soot or half an ounce of indigo at the least to one pound of the arsenic, [and so in proportion of any greater or less quantity, such arsenic not being stated by the purchaser to be required not for use in agriculture, but for some other purpose, for which such admixture would, according to the representation of the purchaser, render it unfit (h) (14 & 15 Vict. c. 13, s. 3; B. J. P. Supp. p. 46).

Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (14 & 15 Vict. c. 13, s. 4).

Penalty. Not exceeding £20 (Id.)

Recovery-Distress (11 & 12 Vict. c. 43, s. 19) (g).

5. Purchaser giving false Information.

Any person purchasing any arsenic giving false information to the person selling the same in relation to the particulars which the seller is authorized to inquire into of the purchaser (14 & 15 Vict. c. 13, s. 4; B. J. P. Supp. 47; see s. 1).

Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (14 & 15 Vict. c. 13, s. 4).

Penalty.-Not exceeding £20 (Id.)

Recovery.-Distress (11 & 12 Vict. c. 43, s. 19) (g).

6. Witness not knowing Purchaser.

Any person signing his name as a witness to a sale of arsenic to a person unknown to such witness (14 & 15 Vict. c. 13, s. 4; B. J. P. Supp. p. 47).

Procedure.-Summons, or warrant upon information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (14 & 15 Vict. c. 13, s. 4).

Penalty. Not exceeding £20 (Id.)

-

Recovery.-Distress (11 & 12 Vict. c. 43, s. 19) (g).

Ass (see tit. Cruelty to Animals).

(g) See note (f), p. 2.

(h) In such cases arsenic may be sold without admixture in a quantity of not less than 10 lbs. at any one time (s. 3).

D

Assault.

1. Common Assault.

Unlawfully assaulting or beating any person (i) (9 Geo. 4, c. 31, s. 27; 1 B. J. P. 286).

Procedure.-Summons (k), or warrant, upon complaint on oath of the party aggrieved (Id. s 33); within 3 calendar months (Id. s. 34); two justices (Id. s. 27).

-

Penalty. Not exceeding (together with costs, if ordered) £5 (Id.) Recovery.-If penalty not paid (either immediately, or within such time as the justices shali appoint) imprisonment not exceeding 2 calendar months, unless sooner paid (I) (Id.)

2. Assault on Woman or Child.

Any person (m) assaulting any female whatever, or any male child whose age shall not in the opinion of the justices exceed fourteen years, if the assault is of such an aggravated nature that it cannot, in their opinion, be sufficiently punished under the provisions of 9 Geo. 4, c. 31 (see No. 1, above) (16 Vict. c. 30, s. 1).

Procedure.-Summons, or warrant upon information on oath (11 & 12

(i) If the assault have been accompanied by any attempt to commit felony, or if the justices shall be of opinion that the same is, from any other circumstances, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereon, and shall deal with the case, in all respects, in the same manner as they would have done before the passing of the act; and the act does not authorize any justices to hear and determine any case of assault in which any question shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice (9 Geo. 4, c. 31, s. 29). Semble, the justices are the proper judges as to whether the assault was accompanied with an attempt to commit felony. Anon. 1 B. & Ad. 382.

(k) If the person summoned does not appear, the justices may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person (9 Geo. 4, c. 31, s. 33).

(1) If the justices, upon the hearing of the case, 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 under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred (9 Geo. 4, c. 31, s. 27). The certificate or conviction shall be a bar to all other proceedings, civil or criminal (Id. s. 28.) The certificate should be applied for without delay (R. v. Robinson, 12 A. & E. 672). Where the complainant either does not appear, or withdraws the charge, and the complaint is accordingly dismissed, this is a suficient hearing to entitle the accused to a certificate of dismissal (Tunnicliffe v. Tedd, 5 C. B. 533.) If a person who has been assaulted lays an information before justices, and prays that the offending party may be bound over to keep the peace, the justices have no jurisdiction, against the will of the informant, to convict the offender of the assault under this statute, as such conviction would be a bar to the informant's right of action. (R. v. Deny, 20 L. J. (N. S.), 189, M. C.) This would not, however, seem to apply to assaults upon women and children, under 16 Vict. c. 30 (No. 2, above), as the proceedings in those cases may be taken "either upon the complaint of the party aggrieved or otherwise" (s. 1.)

(m) These words would include females as well as males.

Vict. c. 43, ss. 1, 2), either upon the complaint of the party aggrieved or otherwise (16 Vict. c. 30, s. 1); within 6 cal. months (11 & 12 Vict. c. 43, s. 11); two justices (16 Vict. c. 30, s. 1). Penalty-Imprisonment with or without hard labour, not exceeding 6 calendar months:

Or not exceeding (together with costs) £20. (The offender, if the magistrates think fit, may be bound (n) to keep the peace and

be of good behaviour for any period not exceeding 6 calendar months from the expiration of such sentence (Id.)

Recovery (if pecuniary penalty).- In default of payment, imprisonment with or without hard labour, not exceeding 6 calendar months, unless same be sooner paid (o) (Id.)

3. Assault on Special or County Constable.

Assaulting or resisting any constable (special, appointed under 1 & 2 Will. 4, c. 41, or county or district, appointed under 2 & 3 Vict. c. 93); or promoting or encouraging any other person so to do (1 & 2 Will. 4, c. 41, s. 11; 2 & 3 Vict. c. 93, s. 8; 1 B. J. P. 944).

Procedure.-Summons, or warrant on information on oath (11 & 12 Vict. c. 43, ss. 1, 2), within 2 calendar months (1 & 2 Will. 4, c. 41, s. 15; 2 & 3 Vict. c. 93, s. 8); two justices (1 & 2 Will. 4, c. 41, s. 11; 2 & 3 Vict. c. 93, s. 8).

Penalty.-Not exceeding £20 (p) (Id.)

Recovery. If not paid, either immediately, or within time appointed, distress in default, imprisonment with or without hard labour not exceeding 1 calendar month, where sum to be paid shall not exceed £5; and not exceeding 2 calendar months in any other case: imprisonment to cease upon payment (1 & 2 Will. 4, c. 41, s. 16; 2 & 3 Vict. c. 93, s. 8).

4. Assault on Borough Constable.

Assaulting or resisting any constable of any borough (appointed under the act) in the execution of his duty; or aiding or inciting any person so to assault or resist (5 & 6 Will. 4, c. 76, s. 81; 2 B. J. P. 92).

Procedure.-Summons on information on oath (5 & 6 Will. 4, c. 76, s. 127), or warrant on information on oath (11 & 12 Vict. c. 43,

(n) A doubt has been entertained whether the justices can do more under this section than call upon the offender to enter into his own recognizances to keep the peace (see 17 J. P. 402), and this doubt apparently arises from the fact, that in some statutes it is expressly said that under certain circumstances a person may be required to find sureties (see e. g. 2 & 3 Vict. c. 47, ss. 71, 72; c. 71, s. 50); but it is apprehended that the binding mentioned in the statute must mean an effectual binding. Now the only way in which a person can be bound in his own recognizances is by entering into a (supposed) bond to pay a certain sum of money, the condition of such bond being the performance of a certain act (e. g. keeping the peace and being of good behaviour for 6 months). If the condition is not kept the bond is forfeited, and the penalty may be enforced by distress on the goods and chattels of the obligor. In the case, however, of a person who has avowedly no goods or chattels (as e. g. a pauper or a married woman) such a binding by personal recognizances would be wholly ineffectual and absu d.

(0) A conviction under this act will be a bar to all future proceedings, civil or criminal, for or in respect of the same assault (16 Vict. c. 30, s. 1); see ante, p. 34, n. (1).

(p) Or the offender shall be liable to punishment on indictment or information. 1 & 2 Will. 4, c. 41, s. 11.

s. 2), within 3 calendar months (5 & 6 Will. 4, c. 76, s. 127) (p); two justices (Id. and s. 81).

Penalty. Not exceeding £5 (Id. s. 81).

Recovery.If not paid immediately, or within period appointed, distress in default, imprisonment with or without hard labour, not exceeding 1 calendar month, to cease on payment (Id. s. 129). Appeal (Id. s. 131.)

5. Assault on Police Constable.

Assaulting or resisting, or aiding or inciting any person to assault, &c., any constable in the execution of his duty, under the provisions of the Towns Police Clauses Act, or the special act (q) (10 & 11 Vict. c. 89, s. 20; B. J. P. Supp. 725).

Procedure.-Summons (8 Vict. c. 20, s. 145) (r), or warrant on information on oath (11 & 12 Vict. c. 43, s. 2); within 6 calendar months (8 Vict. c. 20, ss. 3, 151) (r); two justices (Id. s. 145) (r). Penalty. Not exceeding £5 (10 & 11 Vict. c. 89, s. 20);

Or, in discretion of justices, imprisonment not exceeding 1 month, with or without hard labour (Id.)

Recovery (if pecuniary penalty).- Distress (8 Vict. c. 20, s. 146) (r): in default, imprisonment not exceeding 3 calendar months, unless sooner paid (Id. s. 147) (r).

Appeal (Id. s. 157) (r).

6. Assault on Constable appointed on Canals or Rivers. Assaulting or resisting any constable (appointed under 3 & 4 Vict. c. 50) in the execution of his duty, or aiding or inciting any person so to assault, &c. (3 & 4 Vict. c. 50, s. 6; I B. J. P. 949).

Procedure.-Summons, or warrant on information on oath, within 6 calendar months (11 & 12 Vict. c. 43, ss. 1, 2, 11); two justices (3 & 4 Vict. c. 50, s. 14).

Penalty. Not more than £10 (Id. s. 6) :

Or, in discretion of magistrates, imprisonment with or without hard labour for not more than 2 calendar months (Id.)

Recovery (if pecuniary penalty).-In default of payment imprisonment not more than 1 calendar month, where penalty not exceeding £5, and in any case not more than 2 cal. months, to cease on payment of penalty or distress (Id. s. 15); in default, imprisonment not exceeding 3 cal. months, unless sooner paid (11 & 12 Vict. c. 43, s. 22). Appeal, if penalty exceeds £3 (s) (3 & 4 Vict. c. 50, s. 19).

7. Assault &c. on Constable &c. under 12 & 13 Vict. c. 92 (t). Any person at any time or in any manner unlawfully obstructing, hindering, molesting or assaulting any constable (u), or keeper of a pound, while in the

(p) Or, on proof of service of the summons, the justices may proceed to hear and determine the case in the absence of the defendant. 5 & 6 Will. 4, c. 76, s. 127. (q) See 10 & 11 Vict. c. 89, s. 2. (r) See 10 & 11 Vict. c. 89, s. 73.

(s) See p. 102, note (u).

(t) For prevention of cruelty to animals.

(u)"The word 'constable' shall be taken to mean any headborough, parish beadle, peace officer, special constable, or any person belonging to the metropolitan or city of London police forces, or any constabulary force in any part of the United Kingdom." 12 & 13 Vict. c. 92, s. 29.