than three years-or to be imprisoned for any term not exceeding 24 & 25 Vict. two years, with or without hard labour.(a) 55 (b) Whosoever shall unlawfully take (c) or cause to be taken any unmarried girl, being under the age of sixteen years, (d) out of the possession (e) and against the will of her father or mother, or of any other person having the lawful care or charge of her, (ƒ) shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour.(a) Child-stealing. c. 100. Abduction of a girl under sixteen years of age. 56 (b) Whosoever shall unlawfully, either by force or fraud, (g) Child-stealing. lead or take away, or decoy or entice away or detain, ((h) any child under the age of fourteen years, (b) with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong, and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained as in this section before mentioned, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years-or to be (a) See 48 & 49 Vict. c. 69, ss. 7, 8, 10. post, pp. 173-175. (b) The offence in this section is one of the offences mentioned in the schedule to the Prevention of Cruelty to Children Act, 1894, ante, p. 88; therefore sec. 17 of that Act, dealing with the presumption of age of a child, applies to this offence. (c) The taking need not be accompanied by any force, and it is immaterial whether the girl consents or not (see R. v. Manktelow, 22 L. J. M. C. 115); and a taking by means of fraudulent representations to the parent is within this section (see R. v. Hopkins, Car. & M. 254). (d) It is no defence that prisoner on reasonable grounds believed that the girl was over that age, if in fact, she was under; see R. v. Prince, L. R. 2 C. C. R. 154, 44 L.. J. M. C. 122. But compare the last paragraph of sec. 6 of 48 & 49 Vict. c. 69, post, p. 173. (e)Taking out of the possession," says Stephen (Dig. Crim. Law, Art. 279), means taking the girl to some place where the person in whose charge she is cannot exercise control over her, for some purpose inconsistent with the objects of such control.” (f) If the defendant, at the time he took the girl away, did not know, and had no reason to know, that she was under the lawful care or charge of her father, mother, or some other person, he is not guilty of this offence. See R. v. Hibbert, ante, p. 164, note (x). (g) The force or fraud may be exercised on the guardian of the child, or on the child itself, or on any other person. See R. v. Bellis, 62 L. J. M. C. 155. (h) See R. v. Johnson, 48 J. P. 758, post, p. 174. 24 & 25 Vict. c. 100. Sodomy and bestiality. Attempt to commit an infamous crime. Carnal knowledge defined. Fine and sureties for keeping the peace; in what cases. imprisoned for any term not exceeding two years, with or without hard labour, and if a male under the age of sixteen years, with or without whipping: provided that no person who shall have claimed any right to the possession of such child, or shall be the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof. Unnatural Offences. 61 Whosoever shall be convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than ten years. 62 Whosoever shall attempt to commit the said abominable crime, or shall be guilty of any assault with intent to commit the same, or of any indecent assault upon any male person, (i) shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. 63 Whenever, upon the trial for any offence punishable under this Act, it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only. (k) Other Matters. 71 Whenever any person shall be convicted of any indictable misdemeanor punishable under this Act, the Court may, if it shall think fit, in addition to or in lieu of any punishment by this Act authorised, fine the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour; and in case of any felony punishable under this Act otherwise than with death the Court may, if it shall think fit, require the offender to enter into his own is included in the schedule to the Prevention of Cruelty to Children Act. (i) See sec. 52, ante, p. 163, as to indecent assault on female. If the person assaulted consent, a conviction for an indecent assault cannot be sustained (R. v. Wollaston, 12 Cox, 180; 26 L. T. 403), unless the person assaulted is under thirteen years of age. See 43 & 44 Vict. c. 45, s. 2, post, p. 169; this section (k) Proof of the slightest penetration is enough, although not sufficient to rupture or injure the hymen. See R. v. Russen, 1 East, P. C. 438; R. v. Hughes, 2 Moo. C. C. 190. recognizances and to find sureties, both or either, for keeping the 24 & 25 Vict. peace, in addition to any punishment by the Act authorised; provided that no person shall be imprisoned for not finding sureties under this clause for any period exceeding one year. c. 100. 72 No summary conviction under this Act shall be quashed for No certiorari, want of form, or be removed by certiorari into any of Her Majesty's &c. Superior Courts of Record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same. Guardians and overseers may be required to prosecute in certain cases of offences against this Act. 73 Where any complaint shall be made of any offence against section twenty-six (/) of this Act, or of any bodily injury inflicted upon any person under the age of sixteen years, for which the party committing it is liable to be indicted, and the circumstances of which offence amount, in point of law, to a felony, or an attempt to commit a felony, or an assault with intent to commit a felony, and two justices of the Peace before whom such complaint is heard shall certify under their hands that it is necessary for the purposes of public justice that the prosecution should be conducted by the guardians of the union or place, or, where there are no guardians, by the overseers of the poor of the place in which the offence shall be charged to have been committed, such guardians or overseers, as the case may be, upon personal service of such certificate or a duplicate thereof upon the clerk of such guardians or upon any one of such overseers, shall conduct the prosecution, and shall pay the Costs of costs reasonably and properly incurred by them therein (so far as prosecution. the same shall not be allowed to them under any order of any Court) out of the common fund of the union, or out of the funds in the hands of the guardians or overseers, as the case may be (m); and where there is a board of guardians, the clerk or some other Clerk of officer of the union or place, and, where there is no board of guardians may guardians, one of the overseers of the poor, may, if such justices be bound over think it necessary for the purposes of public justice, be bound over to prosecute 74 Where any person shall be convicted on any indictment of any assault, whether with or without battery and wounding, or either of them, such person may, if the Court think fit, in addition to any sentence which the Court may deem proper for the offence, be adjudged to pay to the prosecutor his actual and necessary costs and expenses of the prosecution, and such moderate allowance for the loss of time as the Court shall by affidavit or other inquiry and (1) Ante, p. 160. vention of Cruelty to Children Act, 1894. to prosecute. On a conviction for assault the Court may order payment of the prose cutor's costs by the defendant. 24 & 25 Vict. c. 100. Such costs may be levied by distress. Summary proceedings in England may be under the 11 & 12 Vict. c. 43, and in the 14 & 15 Vict. c. 93. examination ascertain to be reasonable; and, unless the sum so awarded shall be sooner paid, the offender shall be imprisoned for any term the Court shall award, not exceeding three months, in addition to the term of imprisonment (if any) to which the offender may be sentenced for the offence. 75 The Court may, by warrant under hand and seal, order such sum as shall be so awarded to be levied by distress and sale of the goods and chattels of the offender, and paid to the prosecutor, and that the surplus, if any, arising from such sale, shall be paid to the owner; and in case such sum shall be so levied the imprisonment awarded until payment of such sum shall thereupon cease. 76 Every offence hereby made punishable on summary conviction may be prosecuted in England in the manner directed by the Act of the Session holden in the eleventh and twelfth years of Queen Victoria, chapter forty-three,() and may be prosecuted in Ireland before two or more justices of the peace, or one metroIreland under politan or stipendiary magistrate, in the manner directed by the Act of the Session holden in the fourteenth and fifteenth years of Queen Victoria, chapter ninety-three, or in such other manner as may be directed by any Act that may be passed for like purposes; and all provisions contained in the said Acts shall be applicable to such prosecutions in the same manner as if they were incorporated in this Act; provided that nothing in this Act contained shall in any manner alter or affect any enactment now in force relating to procedure, in the case of any offence punishable on summary conviction, within the City of London or the Metropolitan Police District, or the recovery or application of any penalty or forfeiture for any such offence. Except in London and the Metropolitan Police District. The costs of of misdemeanors against this 77 The Court before which any misdemeanor indictable under the prosecution the provisions of this Act shall be prosecuted or tried may allow the costs of the prosecution in the same manner as in cases of felony; and every order for the payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid, upon the same terms and in the same manner in all respects as in cases of felony.(0) Act may be allowed. Act not to extend to Scotland. 78 Nothing in this Act contained shall extend to Scotland, except as herein-before otherwise expressly provided. (n) The Summary Jurisdiction Act, 1848. See post, p. 219. (0) See 7 Geo. 4 c. 64, s. 22. CRIMINAL LAW AMENDMENT ACT, 1880. 2 It shall be no defence to a charge or indictment for an indecent assault on a young person under the age of thirteen to prove that he or she consented to the act of indecency.(p) Consent of young person to be no defence. CRIMINAL LAW AMENDMENT ACT, 1885. 1 This Act may be cited as the Criminal Law Amendment Short title. Act, 1885. PART I. Protection of Women and Girls. 2 Any person who (1) Procures (2) or attempts (r) to procure any girl or woman Procuration. under twenty-one years of age, not being a common prostitute, or of known immoral character, to have unlawful (s) carnal connection (†), either within or without the Queen's dominions, with any other person or persons; or (2) Procures or attempts to procure any woman or girl to become, either within or without the Queen's dominions a common prostitute; or (3) Procures or attempts to procure any woman or girl to leave the United Kingdom, with intent that she may become an inmate of a brothel (u) elsewhere; or (4) Procures or attempts to procure any woman or girl to leave her usual place of abode (r) in the United Kingdom (such place not being a brothel), with the intent that she may, for the purposes of prostitution, become an inmate of a brothel within or without the Queen's dominions, (p) See 24 & 25 Vict. c. 100, ss. 52, 62, ante, pp. 163 and 166. (q) See ante, p. 69, Prevention of Cruelty to Children Act, s. 1, and p. 47. (r) See ante, p. 57, note (d) on sec. 4 of this Act. (s) See ante, p. 56, note (a), id. (1) See ante, p. 57, note (b), id. (u) A common bawdy house," says Stephen, J., is a house or room, or set of rooms, in any house kept for purposes of prostitution. And it is immaterial whether (a) Place of abode means a |