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or House of Correction, for any Terın not exceeding Two Years; and it shall not be necessary to prove whether the Child died before, at, or after its Birth : Provided always, that if any Woman If acquitted of tried for the Murder of her Child shall be acquitted thereof, Murder may be it shall be lawful for the Jury, by whose Verdict she shall be to acquitted, to find, in case it shall so appear in Evidence, that

the Misdemea. she was delivered of a Child, and that she did, by secret burying " or otherwise disposing of the dead Body of such Child, endeavour to conceal the Birth thereof, and thereupon the Court may pass such Sentence as if she had been convicted upon an Indictment for the Concealment of the Birth.

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• XV. And be it enacted, That every person convicied of the aboninable Crime of Buggery, committed either with Mankind or with any Animal, shall suffer Death as a Felon.

Unnatural
Offence.

• XVI. And be it enacted, That every Person convicted of the Crime of Rape shall suffer Death as a Felon.

Rupe.

i XVII. And be it enacted, That if any Person shall unlaw- Carnal Knowfully and carnally know and abuse any Girl under the Age of Ten ledge of a Girl Years, every such Offender shall be guilty of Felony, and being under Ten, Caconvicted thereof, shall suffer Death as a Felon; and if any Per pital ; above son shall unlawfully and carnally know and abuse any Girl, being Ten and below above the Age of Ten Years and under the Age of Twelve Twelve, a MisYears, 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.

demeanor.

• XVIII. And whereas upon Trials for the Crimes of Bug- What shall be gery and of Rape, and of carnally abusing Girls under the re- sufficient Proof spective Ages herein-before mentioned, Offenders frequently of carnal Knowescape by reason of the Difficulty of the Proof which has been ledge in the required of the Completion of those several Crimes; for Remedy Four preceding thereof be it enacted, That it shall not be necessary, in any of Cases. 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.

' XIX. And be it enacted, That where any Woman shall Forcible Abduchave any Interest, whether legal or equitable, present or future, tion of a Wo“absolute, conditional, or contingent, in any Real or Personal man on account Estate, or shall be an Heiress presumptive or next of Kin to any of her Fortune, one having such Interest, if any Person shall, from Motives of Felony, TransLucre, take away or detain such Woman against her Will, with portation. 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 counseling, 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 Terın 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. '

XX. And Abduction of a XX. And be it enacted, That if any Person shall unlawfully, Girl under Six. take, or cause to be taken, any unmarried Girl, being under the teen, a Misde. Age of Sixteen Years, out of the Possession and against the meanor.

Will of her father or Mother, or of any other Person 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.

Decoying, tak XXI. And be it enacted, That if any person shall maliciing away, or de ously, either by Force or Fraud, lead or take away, or decoy or tuining a Child entice away, or detain, any Child under the Age of Ten Years, under Ten Yeurs with Intent to deprive the Parent or Parents, or any other Person of Age, Felony, having the lawful Care or Charge of such Child, of the PosTransportation.

session of such Child, or with Intent to steal any Article upon or about the Person of such Child, to wbomsoever such Article

may belong; or if any Person shall, with any such Intent as Receiving and aforesaid, receive or harbour any such Child, knowing the same harbouring such to have been, by Force or Fraud, led, taken, decoyed, enticed Child, sume. away, or detained as herein-before mentioned; every such OfAiders and abet- fender, and every Person counselling, aiding, or abetting such tors, same. Offender, shall be guilty of Felony, and being convicted thereof,

shall be liable to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years, and, if a Male, to be once, twice, or thrice publicly or privately whipped (if

the Court shall so think tit), in addition to such Imprisonment: Not to extend to Provided always, that no Person who shall have claimed to be the Futhers taking Father of an illegitimate Child, or to have any Right to the Postheir illegitimate session of such Child, shall be liable to be prosecuted by virtue Children.

hereof, on account of his getting Possession of such Child, or taking such Child out of the Possession of the Mother, or any olher Person having the lawful Charge thereof.

Bigamy, XXII. And be it enacted, That if any Person, being marFelonyTruns. ried, shall marry any other Person during the Life of the former portation. Husband or Wife, whether the Second Marriage shall have taken

place in England or elsewhere, every such Offender, and every Aiders, &c. same. Person counselling, aiding, or abetting such Offender, shall be

guilly of Felony, and being convicted thereof, shall be liable to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Corsection, for any Term pot exceeding Two Years; and any such Offence may

be dealt with, inquired of, tried, determined, and punished in Place of Trial. the County where the Offender shall be apprehended or be in

Custody, as if the Offence had been actually committed in that County: Provided always, that nothing herein contained shall extend to any Second Marriage contracted out of England by any other than a Subject of

His Majesty, or to any person marrying a Second Time, whose Absence of Seven Husband or Wife, shall have been continually absent from such Yeurs an Excep. Person for the space of Seven Years then last past, and shall not tion.

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 Marriage shall have been divorced from the Bond of the First Also Divorce, Marriage, or to any person whose former Marriage shall have or Marriage de been declared void by the Sentence of any Court of competent clared void. Jurisdiction.

XXIII. And be it enacted, That if any person shall arrest Arresting a any Clergyman upon any Civil Process, while he shall be per- Clergyman on forming Divine Service, or shall, with the Knowledge of such Civil Process Person, be going to perform the same, or returning from the during Dicine Performance thereof, every such Offender shall be guilty of a Service, a MisMisdemeanor, and being convicted thereof, shall suffer such Pu- demeanor, nishment, by Fine or Imprisonment, or by both, as the Court . shall award.

XXIV. And be it enacted, That if any Person shall assault Punishment for and strike or wound any Magistrate, Officer, or other Person Assuults on Of. whatsoever lawfully authorized, on account of the Exercise of his

or of the Exercise of his ficers, &c. onDuty in or concerning the Preservation of any Vessel in Distress, deacouring to or of any Vessel, Goods, or Effects wrecked, stranded, or cast

save Ships or on Shore, or lying under Water, every such Offender, being con

ship-wrecked victed thereof, shall be liable to be transported beyond the Seas Property. for the Term of Seven Years, or to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for such Term as the Court shall award.

XXV. And be it enacted, That where any person shall be Punishments charged with and convicted of any of the following Offences as for various MisMisdemeanors ; that is to say, of any Assault with Intent to demeanors. commit Felony; of any Assault upon any Peace Officer or Re- . venue Officer in the due Execution of his Duty, or upon any person acting in aid of such Officer; of any Assault upon any Person with Intent to resist or prevent the lawful Apprehension or Detainer of the Party so assaulting, or of any other Person for any Offence for which he or they may be liable by Law to be apprehended or detained ; or of any Assault committed in pursuance of any Conspiracy to raise the Rate of Wages; in any such case the Court may sentence, the Offender to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years, and may also (if it shall so think fit) fine the Offender, and require him to find Sureties for keeping the Peace.

XXVI. And be it enacted, That if any person shall unlaw. Assault on Seufully and with Force hinder any Seaman, Keelman, or Caster men, $c. from working at or exercising his lawful Trade, Business, or Oc- Assaults with cupation, or shall beat, wound, or use any other Violence to him, Intent to obwith Intent to deter or hinder him from working at or exercising struct the buythe same; or if any Person shall beat, wound, or use any other

ing or selling of Violence to any person, with Intent to deter or hinder him from Grain, punishselling or buying any Wheat or other Grain, Flour, Meal, or

able summarily Malt, in any Market or other Place, or shall beat, wound, or

with Imprisonuse any other Violence to any Person having the Care or Chargement. of any Wheat or other Grain, Flour, Meal, or Malt, whilst on its Way to or from any City, Market Town, or other Place, with Intent to stop the Conveyance of the same, every such Offender may be convicted thereof before Two

Justices

ment.

Justices of the Peace, and imprisoned and kept to hard Labour in the Common Gaol or House of Correction, for any Term not exceeding Three Calendar Months: Provided always, that no Person, who shall be punished for any such Offence by virtue of this Provision, shall be punished for the same Offence by virtue of any other Law whatsoever.

Persons commit. XXVII. And whereas it is expedient that a summary Power ting Common of punishing Persons for Common Assaults and Batteries should Assaults may be be provided under the Limitations herein-after mentioned ; Be it compelled by Two therefore enacted, That where any Person shall unlawfully assault Magistrates to or beat any other Person, it shall be lawful for Two Justices of puy Fine and the Peace, upon Complaint of the Party aggrieved, to hear and Costs not exceedo determine such Offence, and the Offender, upon Conviction ing £5.

thereof before them, shall forfeit and pay such Fine as shall appear to them to be meet, not exceeding, together with Costs (if ordered), the Sum of Five Pounds, which Fine shall be paid to some one of the Overseers of the Poor, or to some other Officer

of the Parish, Township or Place in which the Offence shall Application of have been committed, to be by such Overseer or Officer paid over the Fine. : to the Use of the general Rate of the County, Riding, or Divi

sion in which such Parish, Township, or Place shall be situate, -whether the same shall or shall not contribute to such general Rate; and the

Evidence of any Inhabitant of the County, Riding, or Division shall be admitted in Proof of the Offence, notwithstanding such Application of the Five incurred thereby; and if such Fine as shall be awarded by the said Justices, together with the Costs (if ordered), shall not be paid, either immediately after the

Conviction, or within such Period as the said Justices shall at the Two Months' Time of the Conviction appoint, it shall be lawful for them to Imprisonment on commit the Offender to the Common Gaol or House of Cor

rection, there to be imprisoned for any Term not exceeding Two

Calendar Months, unless such Fine and Costs be sooner paid ; Party acquitted but if the Justices, upon the Hearing of any such Case of Asmay have a Cero sault or Battery, shall deem the Offence not to be proved, or tificate. shall find the Assault or Battery to have been justified, or so

trifling as not to merit any Punishment, and shall accordingly dismiss the Complaint, they shall forthwith make out a Certificate under their Hands, stating the Fact of such Dismissal, and shall deliver such Certificate to the Party against whom the Complaint was preferred.

ment.

Such Certificate, XXVIII. And be it enacted, That if any Person against or Conviction, whom any such Complaint shall have been preferred for any a Bar to any Common Assault or Battery, shall have obtained such Certiother Proceed. ficate as aforesaid, or having been convicted shall have paid ings.

the whole Amount adjudged to be paid under such Conviction,

or shall have suffered the Imprisonment awarded for Non-payment thereof, in every such case be shall be released from all further or other Proceedings, Civil or Criminal, for the same Cause.

If the Assuult is XXIX. Provided always, and be it enacted, That in case found to be felo- the Justices shall find the Assault or Battery complained of to nious, Justices have been accompanied by any Attempt to commit Felony, or not to proceed, shall be of Opinion that the same is, from any other Circumstance, a fit Subject for a Prosecution by Indictment, they shall abstain

from

from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as they would have done before the passing of this Act: Provided also, that nothing herein contained shall Nor to detero authorize any Justices of the Peace to bear and determine any mine Questions Case of Assault or Battery in which any Question shall arise as

regurding Tilles to the Title to any Lands, Tenements, or Hereditaments, or any

to Estutes, Interest therein or accruing therefrom, or as to any Bankruptcy

Bunkrupley, or Insolvency, or any Execution under the Process of any Court

or Insolvency. of Justice.

Sea

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. XXX. And be it enacted, That if any Master of a Mer- Master of a chant Vessel shall, during his being Abroad, force any Man on Merchant Ves. Shore, or wilsully leave him behind in any of His Majesty's sel forcing a Colonies or elsewhere, or shall refuse to bring home wiih him again all such of the Men whom he carried out with him, as are Shore, or rein a Condition to return when he shall be ready to proceed on his fusing to bring homeward-bound Voyage, every such Master shall be guilty of a him Home, Misdemeanor, and being lawfully convicted thereof, shall be im. guilty of a . prisoned for such Term as the Court shall award; and all such Misdemeanor. Offences may be prosecuted by Indictment or by Information, Proceedingsat the Suit of His Majesty's Attorney-General, in the Court of thereupon. King's Bench, and may be alleged in the Indictment or Informalion to have been committed at Westminster in the County of Middlesex; and the said Court is hereby authorized to issue One or more Commissions, if ne·cessary, for the Examination of 'Witnesses abroad ; and the Depositions taken under the same shall be received in Evidence on the Trial of every such Indictment or Information.

XXXI. And be it enacted, That every Accessory before the Punishment of Fact to any Felony punishable under this Act, for whom no Accessories to Punishment has been herein-before provided, shall be liable, at Offences . the Discretion of the Court, to be transported beyond the Seas against this for any Term not exceeding Fourteen Years nor less than Seven Act not herein. Years, or to be imprisoned, with or without hard Labour, in the before proCommon Gaol or House of Correction, for any Term not ex- vided. ceeding Three Years; and every Accessory after the Fact to any Felony punishable under this Act (except Murder) shall be liable to be imprisoned, with or without hard Labour, in the Common Gaol or House of Correction, for any Term not exceeding Two Years; and every Person who shall counsel, aid, or abet the Commission of any Misdemeanor punishable under this Act, shall be liable to be proceeded against and punished as a principal Offender.

XXXII. And be it enacted, That all indictable Offences Offences against mentioned in this Act, which shall be committed within the Juris- this Act com. diction of the Admiralty of England, shall be deemed to be mitted at Sea. Offences of the same Nature, and liable to the same Punishments, as if they had been committed upon the Land in England, and may be dealt with, inquired of, tried, and determined in the same Manner as any other Offences committed within the Jurisdiction of the Admiralty of England: Provided always, that nothing herein contained shall Not to affect alter or affect any of the Laws relating to the Government of the Laws relatHis Majesty's Land or Naval Forces.

ing to the Forces

XXXIII. And

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