Abduction

of a girl

under six

teen years

of age.

Child

fourteen years and 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 new in England, and was taken from the 10 Geo. 4, c. 34, s. 22 (I.), and 5 Vict. Sess. 2, c. 28, s. 15 (I.). It provides a very proper protection to women who happen to have neither any present nor future interest in any property.

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

55. Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, 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 9 Geo. 4, c. 31, s. 20, and 10 Geo. 4, c. 34, s. 24 (I.). As to hard labour, &c., see ante, p. 5.

Child-stealing.

56. Whosoever shall unlawfully, either by force or stealing. fraud, lead or take away, or decoy or entice away or detain, any child under the age of fourteen years, 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 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.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 21, and 10 Geo. 4, c. 34, s. 25 (I.). The word "unlawfully" is substituted for "maliciously," which was inaccurately used in the former enactments.

The age of the child is extended from ten to fourteen years, and "guardian" is introduced; and in the proviso words are added to include the mother of an illegitimate child.

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

Bigamy.

57. Whosoever, being married, shall marry any Bigamy. other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, 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 imprisoned for any term not exceeding two years, with or without hard labour; and any such offence may may be be dealt with, inquired of, tried, determined, and dealt with punished in any county or place in England or Ire- where Îand where the offender shall be apprehended or be in custody, in the same manner in all respects as if the offence had been actually committed in that hended. county or place: Provided that nothing in this

Offence

offender

shall be

appre

tend to second marriages, &c. herein

stated.

Not to ex- section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

Admi

nistering

drugs or using in

to procure

abortion.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 22, and 10 Geo. 4, c 34, s. 26 (I.). As to hard labour, &c., see ante, p. 5.

Attempts to procure Abortion.

58. Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious struments thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, and whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, 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.

Note.

This clause is framed on the 7 Will. 4 & 1 Vict. c. 85, s. 6.

The first part of it is new, and extends the former enactment to any woman, who, being

with child, attempts to procure her own mis-
carriage.

The second part in terms makes it immaterial
whether the woman were or were not with child,
in accordance with the decision in Reg. v.
Goodhall, 1 Den. C. C. 187; S. C. as Reg. v.
Goodchild, 2 C. & K. 293.

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

to cause

59. Whosoever shall unlawfully supply or procure Procuring any poison or other noxious thing, or any instrument drugs, &c. or thing whatsoever, knowing that the same is intended abortion. to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, 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 check the obtaining of poison, &c., for the purpose of causing abortion, by making both the person who supplies and the person who procures it guilty of a misdemeanor.

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

Mr. Davis (Crim. L. 278) says the act mentioned in this clause "would, in general, render a person accessory before the fact, and therefore indictable as a principal." Now this section was expressly introduced in order to meet, and certainly only applies to, cases where the person doing the act is not an accessory before the fact; for no one can be an accessory before the fact unless a felony has been actually committed, and this section does not apply to any felony, but only to procuring, &c., the means by which a felony may be committed.

Concealing the Birth of a Child.

60. If any woman shall be delivered of a child, Concealing

a child.

the birth of every person who shall, by any secret disposition of the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, 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: Provided that if any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the jury, by whose verdict such person shall be acquitted, to find, in case it shall so appear in evidence, that the child had recently been born, and that such person did, by some secret disposition of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if such person had been convicted upon an indictment for the concealment of the birth.

Note.-This clause is framed from the 9 Geo. 4, c. 31, s. 14; and 10 Geo. 4, c. 34, s. 17 (I.).

Cases have not unfrequently occurred where endeavours have been made to conceal the birth of children, and there has been no evidence to prove that the mother participated in those endeavours, though there has been sufficient evidence that others did so, and under the former enactments, under such circumstances, all must have been acquitted. The present clause is so framed as to include every person who uses any such endeavour, and it is quite immaterial under it whether there be any evidence against the mother or not.

Under the former enactments a person assisting the mother in concealing a birth would only have been indictable as an aider or abettor; but a person so assisting would come within the terms of this clause as a principal.

The terms of the former enactments were "by secret burying or otherwise disposing of the dead body," and on these terms many questions had arisen. See Reg. v. Snell, 2 M. & Rob. 44; Rex v. Watkins, 1 Russ. C. & M. 574; Reg. v.