« EelmineJätka »
Page 17, for Eliz, read Edw.
33, for 35 Geo, 3, read 33 Geo. 3.
MR. PEEL'S ACTS,
LORD LANSDOWNE’S ACT,
a woman on
LORD LANSDOWNE's Act.
9 Geo. 4, c. 31. Sect. XIX. And be it enacted, That where any woman shall Forcible have any interest, whether legal or equitable, present or future, abduction of absolute, conditional, or contingent, in any real or personal
account of her estate, or shall be an heiress presumptive or next of kin to any fortune, with one having such interest, if any person shall, from motives of intent to marry lucre, take away or detain such woman against her will, with her &c. intent to marry or defile her, or to cause her to be married or defiled by any other person, every such offender, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for life, or for any term not less
than seven years, or to be imprisoned, with or without hard | labour, in the common gaol or house of correction, for any
term not exceeding four years.
Note.—This section consolidates the law upon the subject. The capital punishment had been repealed some years since; but the old statutes remained in force with respect to the crime of abduction, excepting its punishment, until the passing of Lord Lansdowne's Act,
Indictment for Abduction. 9 Geo. 4, c. 31. Hertfordshire *,1 The jurors for our Lord the King upon their
Joath present, that A. late of the parish of in the county of (esquire] on, &c. with force and arms at the parish aforesaid in the county
aforesaid, in and upon one B. [spinster],[widow,&c.] the said B. then and there having a certain interest, [or, then and there being the presumplive heiress of onę C, the said C. then and there having a certain interest +]
[Describe the nature of the interest] did make an assault, and her the said B. so having such [interest, &c.] as aforesaid, with force and arms as aforesaid, at the parish aforesaid, in the county aforesaid, feloniously and from motives of lucre, did take away and detain, against the will of the said B. with intention that he the said A. for lucre as afore. said, should marry and have the said B. to wife †, against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.
Second count: Omitting the particular interest of the woman, and merely saying “ A certain interest,” taking care to describe it as legal or equitable, according to the statute.
Evidence. In this case you must prove the offence of abduction as stated in the indictment, namely, that the woman was taken away against her will, and with the felonious intent there mentioned. The interest alledged in the indictment must also be proved, or, to sustain the second count, it must be shown that the woman thus forcibly taken away had some interest as alledged.
The prisoner, on the other hand, should deny this, and disprove it, or he should show that the woman consented to the proposed marriage, being under no force, neither actual nor constructive, at the time of such consent.
* As to the venue, it may be in any county where the force was used, or was continued.
+ Or being next of kin to any one having such an interest -see the statute.
# The marriage need neither be averred nor proved, as for. merly; because, under the present law, the intent to marry, combined with the force, completes the offence. If the intent be to deflower, the allegation should be laid so, in pursuance of the act, which has the words “or defile."
9 Geo. 4. c. 31,
9 Geo. 4, c. 31. Sect. XX. And be it enacted, That if any person shall un- Unlawful lawfully, take, or cause to be taken, any unmarried girl, being abduction of under the age of sixteen years, out of the possession and a girl from
her parents or against the will of her father or mother, or of any other person guardians. having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to suffer such punishment, by fine or imprisonment, or by both, as the Court shall award. Indictment for the Abduction of an Unmarried Girl under
to wit. present, that A. late of the parish of in the county of gentleman, on, &c. with force and arms, at the parish aforesaid in the county aforesaid, one B., the said B.then and there being an unmarried girl under the age of sixteen years, then and there out of the possession and against the will of one C., the father of the said B. [or, of one D. then and there having the lawful care and charge of the said B.] unlawfully did take (or cause to be taken) against the form of the statute in that case made and provided, and against the peace of our said lord the King, his crown and dignity.
Evidence. It is important to prove, in order to sustain this indictment, that the defendant took away the girl in question; that at the time of her abduction she was under sixteen years of age, and that the taking was done against the will of her father or other person, as laid in the indictment.
7 & 8G.4, c. 29. Sect. LXI. And be it enacted, That every person who shall Abettors in aid, abet, counsel or procure the commission of any misde- misdemeanors. meanor punishable under this act, shall be liable to be indicted and punished as a principal offender.