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,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. * * * * * -or 63. Carnal knowledge defined.] 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. CRIMINAL LAW AMENDMENT ACT, 1880. 43 & 44 VICT. CAP. 45, s. 2. It shall be no defence to a charge or indictment for an indecent assault on a young person under the age of 13 to prove that he or she consented to the act of indecency. G II. Against Girls above 13 and under 16. (1) Unlawful carnal know- Misdmr.: 2 yrs. 5 ledge of such girl or imp. (h. 1.) the attempt. Reasonable belief that girl was above 16 a defence. Defendant and wife or husband competent wit nesses. (2) Householder permitting Misdmr.: the defilement of such imp. (h. 1.) girl on his premises. 2 yrs. 6 III. Against Unmarried Girls under 18. (1) Abduction with intent Misdmr.: 2 yrs. 7 to carnally know. imp. (h. 1.) Do. Reasonable belief that girl was over 18 is a defence. Defendant and wife or husband competent wit nesses. Not triable at quarter Power to appoint Prosecutor's costs al-Any offence under sessions. guardian of girl lowed. Defendant ss. 3, 4, or 5; or under 16 (see may, on conviction, indecent assault. be ordered to pay s. 12). Prosecution to be Power to appoint Prosecutor's costs al commenced within a guardian to girl Act applies. lowed. Defendant Not triable at quarter Do. sessions. Vex. Indt. Act applies. Do. Not triable at quarter Power to appoint Prosecutor's costs al sessions. Vex. Indt. a guardian to girl Act applies. under 16 (see lowed. Defendant, (4) Procuring such person Misdmr.; imp. 2 3 to have unlawful con- yrs. (h. 1.) nection by threats, &c., and attempt. 5) Procuring such person (not a prostitute) to have unlawful connection by false pre tences. Do. Procedure and Custody of Girls. Costs. Not triable at quarter Power to appoint Prosecutor's costs alsessions. Vex. Indt. a guardian to girl lowed. Defendant, Act applies. under 16 (see on conviction, may be ordered to pay s. 12). costs. Not triable at quarter Power to appoint Prosecutor's costs alsessions. Vex. Indt. a guardian to girl lowed. Defendant, under 16 (see on conviction, may be ordered to pay Act applies. s. 12). Offences not Charged in Indictment, liable to be Convicted of. |