issuing of the warrant of apprehension is not a commencement of proceedings under this statute unless the defendant be apprehended upon that warrant (R. v. Hull, 2 F. & F. 16). Offence committed 4th December, 1845; information laid and warrant issued 19th December, 1845; apprehension and committal of B. 5th September, 1846, and of G. 21st October, 1846; indictment preferred 5th April, 1847-Held, prosecution commenced in time (R. v. Brook, 1 Den. 217; 2 C. & K. 402; 2 Cox, 436). Quære, whether preferring an indictment ignored by the grand jury is a commencement of the prosecution within the above statute, so as to warrant the conviction of the party upon another indictinent four years after the offence (R. v. Kilminster, 7 C. & P. 228). The production of the warrant without the information is not legal evidence that the proceedings have been commenced within the time limited (R. v. Parker, 9 Cox, 475; L. & C. 459; 33 L. J. M. C. 135; 12 W. R. 765; 10 Jur. (N.s.) 596; 10 L. T. Rep. 463). Under the Old Coinage Act (8 & 9 Will. 3, c. 26) the time limited was three months; proof by parol that the prisoner was apprehended within three months; but the indictment was preferred after three months-Held, that proof was not sufficient (R. v. Phillips, R. & R. 369). Where the prisoner pleaded guilty, but it was afterwards discovered that the prosecution was not within the time of limitation, he was allowed to withdraw his plea (R. v. Casbolt, 21 L. T. Rep. 263). See also R. v. Willace, 1 East P. C. 186; Tilladam v. Inhabitants of Bristol, 2 A. & E. 389; 4 L. J. M. C. 35. As a matter of precaution, at any rate, it will be advisable for the information upon which process is asked, and for the indictment to show clearly that the prosecution has been commenced within the time limited. But see Wray v. Toke, 12 Q. B. 501, 507, as to a summary conviction. If upon an indictment for rape, the facts show that instead of that offence, one under this section has been committed, the prisoner would be entitled to be acquitted, unless the prosecution had been commenced within three months. GENERAL SECTIONS OF THIS ACT WHICH RELATE TO THE See section 9, post, p. 61. Power to jury on an indictment for rape or felony under section 4, ante, p. 38, to convict of misdemeanor under this section. See section 12, post, p. 70. As to custody of girls under 16. See section 16, post, p. 81. Liability of defendant to other proceedings. See section 17, post, p. 81. The provisions of the Vexatious Indictment Act apply to offences under this section. Courts of quarter sessions have no jurisdiction to try offences against this Act. See section 18, post, p. 88. The court has power to allow the costs of the prosecution in cases under this section; and the prisoner, if convicted, may be ordered to pay such costs. See section 20, post, p. 91. The person charged, and the husband or wife of such person, may be a witness at each inquiry except before a grand jury. 6. Householder, &c., permitting defilement of young girl on his premises.] Any person who, being the owner (a) or occupier (b) of any premises, or having, or acting or assisting in, the management or control (c) thereof induces or knowingly suffers any girl of such age as is in this section mentioned to resort to (d) or be in or upon such premises for the purpose of being unlawfully (e) and carnally known (ƒ) by any man (g), whether such carnal knowledge is intended to be with any particular man or generally, (1) shall, if such girl is under the age of thirteen years (h), 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 five years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and (2) if such girl is of or above the age of thirteen and under the age of sixteen years (i), 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 it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court or jury before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years (j). (a) OWNER.-There is no definition of owner in this Act, but interpretations in other Acts may well be referred to, in order to gather its meaning :: Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 4: "Owner D means the person for the time being receiving the rack-rent of the lands and premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such land or premises were let at a rack-rent." Compare also Nuisances Removal Act, 1855 (18 & 19 Vict. c. 121), s. 2; Metropolis Local Management Act, 1855 (18 & 19 Vict. c. 120), s. 250; Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122), s. 3. See cases collected upon this definition in Lumley's Public Health, 2nd ed. p. 6. See also definition of "Owner' in Licensing Act, 1874, 37 & 38 Vict. c. 49, s. 29. As to the responsibility of an owner for keeping a brothel, see 25 Geo. 2, c. 36, s. 8; R. v. Barrett, L. & C. 263; and R. v. Stannard, L. & C. 349. (b) OCCUPIER. In the absence of proof of actual occupation and also in addition to it, the occupation may be proved by the production of the rate book, together with evidence that the person in question has paid the rates. (c) HAVING, OR ACTING OR ASSISTING IN THE MANAGEMENT OR CONTROL.-Somewhat similar words are used in the Act above referred to in 8 & 9 Vict. c. 109, s. 4, relating to gaming, in the Betting Act, 1853 (16 & 17 Vict. c. 119, s. 3), and in the Licensing Act, 1872 (35 & 36 Vict. c. 94, s. 17); but no cases, except those above quoted, seem to have been decided upon them. (d) RESORT TO.-As it is an offence to suffer the girl to be in or upon the premises, as it seems on one occasion only, it is difficult to see the purpose of the words "resort to," but the expression may include visits to the house on the part of the girl where she does not actually enter the premises. Upon the word "frequenting” in section 4 of the Vagrant Act (5 Geo. 4, c. 83), it has been held that one occasion does not amount to a "frequenting" Clark v. The Queen, 48 J. P. 773; 14 Q. B. D. 92. (e) UNLAWFULLY.-See section 2, note (d). (ƒ) CARNALLY KNOWN.-See section 2, note (e). (9) MAN.-" Person," used in the preceding sections, for some reason is abandoned. A question will arise as to whether "man" will include a male person under 21. The doubt is justified by the use of the expression "woman or girl under 21." See fo instance section 2, sub-section 1. (h) THIRTEEN YEARS.-See section 2, note (c), “ 21 years.” (i) SIXTEEN YEARS.-See section 2, note (c), “21 years." (j) See section 5, notes (i), (j), and (k). The object of this section is to punish those persons who afford facilities for the commission of the offences of having connection with girls under 13 and 16 respectively, but who, in the case of the offences not being committed, would not of course be liable as accessories or principals in the second degree. See section 2, note (a), and the remarks there upon this section. GENERAL SECTIONS OF THIS ACT WHICH RELATE TO OFFENCES UNDER THIS SECTION. See section 12, post, p. 70. As to custody of girls under 16. See section 16, post, p. 81. Liability of defendant to other proceedings. See section 17, post, p. 81. The provisions of the Vexatious Indictment Act apply to misdemeanors under this section. Courts of quarter sessions have no jurisdiction to try offences under this section. See section 18, post, p 88. The court may allow the costs of the prosecution in cases under this section, and the prisoner if convicted of the felony or misdemeanor may be ordered to pay such costs. See section 20, post, p. 91. The defendant, and the husband or wife of such defendant, may be a witness at each enquiry, except before a grand jury. |