ART. 4.] ASSAULT AND BATTERY. 317

ASSAULT AND BATTERY.

P. L. L., (1860,) art. 4, sec. 155.

71. Any person who shall, witliout any provocation, assault
and beat any person in any of the streets, lanes, alleys or high-
ways of the city of Baltimore, or at any place of public resort or
amusement, between the hours of six o'clock in the evening and
six o'clock the following morning, or who shall counsel, aid or
abet in such assault and battery, shall be fined in a sum not less
than twenty-five dollars and imprisoned not less than one month;
or the judge of the criminal court of Baltimore city, or the judge
having jurisdiction of the offence, may, in his discretion, sentence
the person convicted of such offence to confinement in the peni-
tentiary for a period not less than six months nor more thin two
years.

Ibid. sec. 156.

72. It shall not be necessary to state with more particularity
than is now necessary in proceedings for assaults and batteries,
the time or place of such assault and battery in the recognizance
or commitment on which the said person is tried, but the said
person may be tried on a recognizance or commitment for a
common assault and battery, and shall be sentenced by the court
according to the facts proved at the trial.

Ibid. sec. 157.

73. In case the said person is tried upon a presentment or
indictment, it shall only be necessary to allege in the presentment
or indictment that the offence was committed between the hours
aforesaid, and that it was committed on a highway in the city of
Baltimore, or at a place of public resort or amusement, without
setting forth said highway or place of public resort or amusement
by name.

AUCTIONS.

P. L. L., (1860,) art 4, sec. 85.

74. All real estate, and all goods, wares, merchandise, stock,
and every other species of personal property whatever, (except
goods and other property belonging to this State or the United
States, or which shall be seized by any public officer for or on
account of any penalty or forfeiture, or taken in execution, and