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of Parliament, repealed, from and after the last day of June in the present year, except as to offences and other matters committed or done before or upon that day.
TO THE TWO ACTS FOR IMPROVING THE ADMINISTRATION
OF CRIMINAL JUSTICE.
7 Geo, 4, c. 64. Whereas it is expedient to define under what circumstances persons may be admitted to bail in cases of felony, and to make better provision for taking examinations, informations, bailments, and recognizances, and returning the same to the proper tribunals; and whereas the technical strictness of criminal proceedings might in many instances be relaxed, so as to ensure the punishment of the guilty, without depriving the accused of any just means of defence; and the adminis. tration of justice in that part of the united kingdom called England might in other respects be rendered more effectual.
7 & 8 Geo. 4, c. 28.
7&8 G. 4, c. 28. Whereas trials for criminal offences in that part of the united kingdom called England are attended with some forms which frequently impede the due administration of justice, and it is therefore expedient to abolish such forms, and also to abolish the benefit of clergy, and to make better provision for the punishment of offenders in certain cases.
TO THE MALICIOUS INJURIES Act.
7 & 8 Geo. 4, c. 30.
7& 8 G 4, c. 30, Whereas various statutes now in force in that part of the united kingdom called England, relative to malicious injuries to property, are, by an Act of the present session of Parlia. ment repealed, from and after the last day of June in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions contained in those statutes should be amended and consolidated into this Act, to take effect at the same time as the said repealing Act.
To LORD LANSDOWNE's Act.
9 Geo. 4, c. 31.
AND MORAVIANS. 9 Geo. 4, c. 32.
9 Geo, 4, c. 32.
Ante, p. 82.
To the POACHING ACT. 9 Geo. 4, c. 69.
9 Geo. 4, c. 69. Whereas an Act was passed in the fifty-seventh year of the 57 Geo. 3, c. 90. reign of his late Majesty King George the Third, intituled,
An Act for prevention of persons going armed by night for the destruction of game; and for repealing an Act made in the last session of Parliament, relating to rogues and vagabonds:” And whereas the practice of going out by night for the pur
ose of destroying game has nevertheless very much increased of late years, and has in very many instances led to the commission of murder, and of other grievous offences; and it is expedient to repeal the said recited Act, and to make more effectual provisions than now by law exist for repressing such practice : may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and
temporal, and Commons, in this present Parliament assembled, Recited Act and by the authority of the same, That the said recited Act repealed. shall be and the same is hereby repealed, except so far as the
same repeals any other Acts.
9 Geo. 4, c. 31.
LORD LANSDOWNE's Act.
9 Geo. 4, c. 31.
9 Geo. 4, c. 31.
Sect. XVI. And be it enacted, That every person convicted Rape. of the crime of rape shall suffer death as a felon.
Indictment for a Rape.
to wit. Joath present, that A., late of the parish of in the county of
labourer, on, &c. with force and arms, at the parish aforesaid, in the county aforesaid, in and upon B., spinster, in the peace of God and our said lord the King then and there being, violently and feloniously did make an assault, and her the said B. then and there violently and against her will feloniously did ravish and carnally know, 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.-C.C. C. 449.
Evidence. In this case it must be shown that the violence in question was committed on the woman against her will; and it is even sufficient to prove penetration alone, without the actual emission of seed. (Sect. 18 of the Statute.)
Carnal Knowledge of Children.
LORD LANSDOWNE's Act. 9 Geo. 4, c. 31.
9 Geo. 4, c. 31. . Carnal know- Sect. XVII. And be it enacted, That if any person shall
ledge of a girl unlawfully and carnally know and abuse any girl under the under ten, the like of a girl
age of ten years, every such offender shall be guilty of felony, above ten and and, being convicted thereof, shall suffer death as a felon; below twelve.
and if any person shall unlawfully and carnally know and abuse any girl being above the age of ten years and under the age of twelve years, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for such term as the court shall award.
Indictment for carnally knowing and abusing a Female Child
under Ten Years of Age. Hertfordshire, The jurors for our lord the King upon their
to wit. Joath present, that A., late of the parish of in the county of labourer, on, &c., with force and arms, at the parish aforesaid in the county aforesaid, in and upon one B., spinster, a woman child under the age of ten years, to wit, of the age of years and upwards, feloniously did make an assault, and her the said B. then and there wickedly, unlawfully and feloniously did carnally know and abuse, against the form of the statute, &c. and against the peace of our said lord the King, his crown and dignity.
Evidence. It is in this case merely necessary to prove that the prisoner committed the offence in question upon a woman child under ten years of age, for consent is immaterial; and evidence of penetration is now sufficient, without further proof.
Note.-An indictment for carnally knowing a child under twelve years of age, which, as we have seen, is made a mise
demeanor, is the same as the last, only you allege that B. was Rape.
9 Geo. 4, c. 31. be alleged, that the child was above ten, and under twelve, the indictment will be sustained, although it appear that the child was eleven years old.
LORD LANSDOWNE's Act,
9 Geo. 4, c. 31. Sect. XVIII. And whereas upon trials for the crimes of What shall be buggery and of rape, and of carnally abusing girls under the sufficient proof respective ages hereinbefore mentioned, offenders frequently
of carnal knowescape by reason of the difficulty of the proof which has been
ledge in the four
preceding cases, required of the completion of those several crimes ; for remedy thereof, be it enacted, That it shall not be necessary, in any of those cases, to prove the actual emission of seed in order to constitute a carnal knowledge, but that the carnal knowledge shall be deemed complete upon proof of penetration only.
7 & 8 Geo. 4, c. 29.
7 & 86.4, c. 29. Sect. XXIII. And be it enacted, That if any person shall The stealing of steal any paper or parchment, written or printed, or partly writings relating written and partly printed, being evidence of the title or of to real estate. any part of the title to any real estate, every such offender shall be deemed guilty of a misdemeanor, and being convicted thereof, shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned ; * and in any indictment for such offence, it shall be sufficient to allege the thing stolen to be evidence of the title, or of part of the title, of the person or of some one of the persons having a present interest
* See Sect. 21,