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pealed by the 14 & 15 Vict. c. 100, s. 10: so
that now there can be no conviction of an
assault upon any indictment for felony, and it
seems clear that auterfois acquit or convict by
the common law cannot be pleaded to any

in-
dictment, unless the prisoner might be convicted
on that indictment, either of the whole or at
least of part of the criminal charge, of which he
had been previously acquitted or convicted.

The 14 & 15 Vict. c. 100, in ss. 9, 11, and 12,contains express provisions to prevent any other prosecution which render any remark on them unnecessary.

In Reg. v. Elrington, 5 Law T. R. 284, the first count was for assaulting and doing grievous bodily harm to the prosecutor; the second for assaulting and doing actual bodily harm to him, and the last for a common assault; and the Court of Queen's Bench held that pleas of a dismissal of a complaint for the same assault under the 9 Geo. 4, c. 31, s. 27, were a bar to the indictment, on the ground that the two first counts only charged the same assault with certain aggravations, and the last only charged the same assault. This was an indictment for misdemeanor, and the decision clearly right.

visions not

46. Provided, that in case the justices shall find These prothe assault or battery complained of to have been

to apply to accompanied by any attempt to commit felony, or certain shall be of opinion that the same is, from any other cases. circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if they had no authority finally to hear and determine the same : Provided also, that nothing herein contained shall authorise any justices to hear and determine any case of assault or battery 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.

Note.—This clause is taken from the 9 Geo. 4, c. 31, s. 29; and see the 14 & 15 Vict. c. 92, s. 2 (I.).

Assault occasion

harm.

47. Whosoever shall be convicted upon an indict

ment of any assault occasioning actual bodily harm ing bodily 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 Common

shall be convicted upon an indictment for a common assault. assault shall be liable, at the discretion of the Court,

to be imprisoned for any term not exceeding one year, with or without hard labour.

Note.-The first part of this clause is taken from the 14 & 15 Vict. c. 100, s. 29.

The power given by the second part of this clause to award hard labour on a conviction of a common assault, is new.

Upon a count for an assault occasioning actual bodily harm, the jury may convict of a common assault, Reg. v. Yeadon, 1 Leigh & C. 81.

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

Rape.

Rape, Abduction, and Defilement of Women. 48. Whosoever shall be convicted of the crime of rape 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.

Note.This clause is taken from the 9 Geo. 4, c. 31, s. 16; 10 Geo. 4, c. 34, s. 19 (I.); and 4 & 5 Vict. c. 56, s. 3.

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

Procuring

49. Whosoever shall, by false pretences, false re

age.

presentations, or other fraudulent means, procure the defileany woman or girl under the age of twenty-one ment of years to have illicit carnal connection with any man,

girl under 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.

Note.- This clause is taken from the 12 & 13
Vict. c. 76, s. 1.

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

50. Whosoever shall unlawfully and carnally know Carnally and abuse any girl under the age of ten years

shall

knowing a

girl under be guilty of felony, and being convicted thereof shall ten years be liable, at the discretion of the Court, to be kept of age. 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.

Note.-This clause is taken from the 9 Geo. 4, c. 31, s. 17; 10 Geo. 4, c. 31, s. 20 (I.), and 4 & 5 Vict. c. 56, s. 3.

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

51. Whosoever shall unlawfully and carnally know Carnally and abuse any girl being above the age of ten years

knowing

a girl and under the age of twelve years shall be guilty of between a misdemeanor, and being convicted thereof shall be the ages of liable, at the discretion of the Court, to be kept in ten and

twelve. 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 9 Geo. 4, c. 31, s. 17; 10 Geo. 4, c. 34, s. 20 (I.), and 5 Vict. Sess. 2, c. 28, s. 14 (I.).

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

Attempt

52. Whosoever shall be convicted of any indecent to commit assault upon any female, or of any attempt to have the last two offences.

carnal knowledge of any girl under twelve years of age, shall be liable, at the discretion of the Court, 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. 100, s. 29.

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

Abduction 53. Where any woman of any age shall have any of a woman interest, whether legal or equitable, present or future, will, from absolute, conditional, or contingent, in any real or motives of personal estate, or shall be a presumptive heiress or lucre.

coheiress, or presumptive next of kin, or one of the presumptive next of kin, to any one having such interest, whosoever shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or carnally know her, or to cause

her to be married or carnally known by any other Fraudulent person ; and whosoever shall fraudulently allure, abduction take away, or detain such woman, being under the under age age of twenty-one years, out of the possession and against the against the will of her father or mother, or of any will of her other person having the lawful care or charge of her, father, &c.

with intent to marry or carnally know her, or to cause her to be married or carnally known by any other 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 any term not exceeding fourteen years and not less than three years,-or to be imprisoned for any term not ex

ceeding two years, with or without hard labour ; and Offender whosoever shall be convicted of any offence against incapable this section shall be incapable of taking any estate any of her or interest, legal or equitable, in any real or personal property. property of such woman, or in which she shall have

any such interest, or which shall come to her as such heiress, coheiress, or next of kin as aforesaid ; and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be

settled in such manner as the Court of Chancery in England or Ireland shall upon any information at the suit of the Attorney-General appoint.

Note.-By the first part of this clause, the 9 Geo. 4, c. 31, s. 19, is extended to Ireland, and by the second part the 10 Geo. 4, c. 34, s. 23 (I.), is extended to England.

The words in italics in the first branch of the clause were introduced to avoid a doubt which might have been raised whether the cases they expressly include were within the former enactments.

In the second branch, the age of twenty-one is substituted for eighteen in the 10 Geo. 4, c. 34, s. 23 (I.).

Under the 10 Geo. 4, c. 34, s. 23 (I.), the girl must have been married or defiled, and by the person taking her away. The clause is so altered as to make it correspond with the 9 Geo. 4, c. 34, s. 19, in both respects.

The last part of the clause is framed on the 10 Geo. 4, c. 34, s. 23 (I.), and extended to England. It is enlarged so as to embrace property that may come to the woman after the marriage ; and the Court of Chancery is empowered to settle the property in such manner as it deems fit, instead of its being vested in trustees for the separate use of the wife alone, which was all that the 10 Geo. 4, c. 34, s. 23 (I.), directed. The Court, therefore, may, in its discretion, settle the property on the issue of the marriage, and in default of such issue on any relatives of the wife.

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

of any

woman

54. Whosoever shall, by force, take away or detain Forcible against her will any woman, of any age, with intent abduction to marry or carnally know her, or to cause her to be married or carnally known by any other person, with intent shall be guilty of felony, and being convicted thereof to marry. shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding

her.

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