Note.-This clause is taken from the 23 & 24

24. Whosoever shall unlawfully and maliciously Maliciously administer to or cause to be administered to or taken administering poison,

or annoy

by any other person any poison or other destructive &c., with or noxious thing, with intent to injure, aggrieve, or intent to annoy such person, shall be guilty of a misdemeanor, injure, aggrieve, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude any other for the term of three years, or to be imprisoned for person. any term not exceeding two years, with or without hard labour.

Note. This clause is taken from the 23 & 24
Vict. c. 8, s. 2.

Upon an indictment on the 23 & 24 Vict.
c. 8, s. 2, for administering cantharides to a
female, with intent to injure, aggrieve, and annoy
her, it appeared that the prisoner, unknown to
the prosecutrix, put cantharides into a cup of
tea which she drank, and was very ill in conse-
quence, and the jury found that the prisoner
administered the cantharides with intent to ex-
cite the sexual passion and desire of the prose-
cutrix, in order that he might obtain connection
with her, and, on a case reserved, after a verdict
of guilty, on the question whether the intent
above stated was an intent to injure, aggrieve,
or annoy within the statute, the conviction was
affirmed. Reg. v. Wilkins, 1 Leigh & C. 89.

As to hard labour, &c., see ante, p. 5.

satisfied

25. If, upon the trial of any person for any felony If the jury in the last but one preceding section mentioned, the be not jury shall not be satisfied that such person is guilty that any thereof, but shall be satisfied that he is guilty of any person misdemeanor in the last preceding section men- charged is guilty of tioned, then and in every such case the jury may felony, but acquit the accused of such felony, and find him guilty of

misde

meanor,

they may find him guilty accordingly.

guilty of such misdemeanor, and thereupon he shall be liable to be punished in the same manner as if convicted upon an indictment for such misde

meanor.

Not providing ap prentices

Note. This clause is taken from the 23 & 24 Vict. c. 8, s. 3.

26. Whosoever, being legally liable, either as a master or mistress, to provide for any apprentice or or servants servant necessary food, clothing, or lodging, shall with food, wilfully and without lawful excuse refuse or neglect &c., where- to provide the same, or shall unlawfully and maliby life en- ciously do or cause to be done any bodily harm to any

dangered.

such apprentice or servant, so that the life of such apprentice or servant shall be endangered, or the health of such apprentice or servant shall have been or shall be likely to be permanently injured, 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 the term of three years,or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note. This clause is taken from the 14 & 15 Vict. c. 11, s. 1.

The words in italics are substituted for the word "assault."

As to hard labour, &c., see ante, p. 5.

This clause originally ran, "whosoever being legally liable either as a husband, parent, guardian, committee, master, mistress, nurse, or otherwise, to provide for any person as a wife, child, ward, lunatic, idiot, apprentice, servant, infant or otherwise necessary food, &c.;" and thus effectually provided for the but too common cases where children and lunatics are ill-treated and deprived of their proper sustenance by those whose duty it is to protect and maintain them. But these admirable provisions, most of which had been approved by the Committee of the

Lords, were struck out by the Select Committee
of the Commons. See also the Introduction,
p. xxxii.

children

27. Whosoever shall unlawfully abandon or expose Exposing any child, being under the age of two years, whereby whereby the life of such child shall be endangered, or the health life enof such child shall have been or shall be likely to be dangered. permanently injured, 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 the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note.-This clause is new. It is intended to provide for cases where children are abandoned or exposed under such circumstances that their lives or health may be, or be likely to be, endangered. See Reg. v. Hogan, 2 Den. C. C. R. 277; Reg. v. Cooper, 1 Den. C. C. 459, 2 C. & K. 876; Reg. v. Philpot, 1 Dears. C. C. 179; Reg. v. Gray, 1 Dears. & B. 303, which show the necessity for this enactment.

As to hard labour, &c., see ante, p. 5.

28. Whosoever shall unlawfully and maliciously, Causing by the explosion of gunpowder or other explosive bodily substance, burn, maim, disfigure, disable, or do any gunpowder. injury by grievous bodily harm to any person, 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 life or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping.

Son an

ing corrosive fluid

on a per

Note. This clause is taken from the 9 & 10

Causing 29. Whosoever shall unlawfully and maliciously gunpowder to explode, cause any gunpowder or other explosive substance or sending to explode, or send or deliver to or cause to be taken to any per- or received by any person any explosive substance or explosive any other dangerous or noxious thing, or put or lay substance, at any place, or cast or throw at or upon or otheror throw wise apply to any person, any corrosive fluid or any destructive or explosive substance, with intent in any of the cases aforesaid to burn, maim, disson, with figure, or disable any person, or to do some grievous do grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life or for any term not less than three years,―or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping.

intent to

bodily harm.

Placing

Note. This clause is taken from the 9 & 10 Vict. c. 25, s. 4, and 7 W. 4 & 1 Vict. c. 85, s. 5.

Under those Acts, if any person had placed an infernal machine in any place where he believed another would tread on it, and thereby cause it to explode, he would not have been guilty of an offence. The words "put or lay at any place," were introduced to meet all such

cases.

As to the words "whether any bodily injury," &c., see the note to s. 14, ante, p. 48.

As to hard labour, &c., see ante, p. 5.

30. Whosoever shall unlawfully and maliciously gunpowder place or throw in, into, upon, against, or near any building, ship, or vessel any gunpowder or other with intent explosive substance, with intent to do any bodily

near a

building,

any person.

injury to any person, shall, whether or not any to do bodily explosion take place, and whether or not any bodily injury to injury be effected, 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 fourteen years and not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement, and if a male under the age of sixteen years, with or without whipping.

Note. This clause is taken from the 9 & 10
Vict. c. 25, s. 6.

As to hard labour, &c., see ante, p. 5.

guns, &c..

31. Whosoever shall set or place, or cause to be Setting set or placed, any spring gun, man trap, or other spring engine calculated to destroy human life or inflict with intent grievous bodily harm, with the intent that the same to inflict or whereby the same may destroy or inflict grievous grievous bodily bodily harm upon a trespasser or other person harm. coming in contact therewith, 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 the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall knowingly and wilfully permit any such spring gun, man trap, or other engine which may have been set or placed in any place then being in or afterwards coming into his possession or occupation by some other person, to continue so set or placed, shall be deemed to have set and placed such gun, trap, or engine with such intent as aforesaid: Provided that nothing in this section contained shall extend to make it illegal to set or place any gin or trap such as may have been or may be usually set or placed with the intent of destroying vermin: Provided also, that nothing in this section shall be deemed to make it unlawful to set or place or cause to be set or placed, or to be continued set or placed,