James Charland was indicted, under the Act commonly called Lord Ellenborough's Act, for wilfully, maliciously, and unlawfully assaulting one John Proctor, with intent to kill and murder, at Penrith on the 11th of July last. Upon a second count in the information, the prisoner was charged with a common assault.
In the opening of the case, the Learned Attorney General gave the Court to understand, that it seemed no longer a question whether the Act, under which the present information was found, extended to this Colony, or otherwise; but that the late New South Wales Act decided that it did extend to the Colonies, in all its provisions. This circumstance is mentioned in reference to the superseded highest Legal Authority in the Colony, whose Judicial opinion was at variance with the principle now laid down; which we take the opportunity of promulging