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carriage,

railway, any wood, stone, or other matter or thing, with intent railway to injure or endanger the safety of any person being in or upon with intent, such engine, tender, &c., is felony. Punishment, penal servitude &c. for life, or imprisonment for two years.

ing pas

Section 34.-Whosoever, by any unlawful act, or by any Endangerwilful omission or neglect, shall cause to be endangered the sengers by safety of any passenger in or upon a railway, or shall aid or railway. assist therein, shall be guilty of a misdemeanor. Punishment, imprisonment for two years.

Section 35.-"Whosoever, having the charge of any carriage Furious or vehicle, shall, by wanton or furious driving (b) or racing, or driving. other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever, shall be guilty of a misdemeanor." Punishment, imprisonment for two years.

ASSAULTS (c).

Section 36.-To obstruct or prevent, or endeavour to obstruct Obstructing or assault&c., by threats or force, any clergyman or other minister from ing clergycelebrating divine service, &c., in any place of divine worship, men, &c., in or from performance of duty in burial of dead in any burial discharge of duty. place, or to offer any violence to, or upon any civil process, &c., to arrest any clergyman or other minister engaged in, or who to the knowledge of the offender is about to engage in the aforesaid rites and duties, or shall be going to or returning from the performance of any such, is a misdemeanor. Punishment, imprisonment for two years.

Section 37.-To assault and strike or wound any magistrate, Assaulting a officer, or other person in the exercise of his duty preserving &c., premagistrate, wreck, &c., is a misdemeanor. Punishment, penal servitude for serving seven years, or imprisonment for two years.

wreck.

with intent

Section 38.-To assault any person with intent to commit Assault felony, or to assanlt or obstruct, &c., any peace officer or person to commit aiding such officer in the execution of his duty, or to assault felony, or any person with intent to resist or prevent any lawful arrest or on peace detainer, is a misdemeanor. Punishment, two years' imprison- officers, &c.

ment.

Section 39.-To beat or threaten with violence any person, with intent to deter or hinder him from buying, selling, or dis

(b) Regarding furious riding, which is not included in this section, see Williams v. Evans, L. R. 1 Ex. D. 277; 41 J. P. 151. See also title "Highway," p. 207, ante.

(c) See also p. 82, ante.

Assaults with intent to obstruct

sale of grain, &c.

Assaults on

posing of, or to compel him to buy, sell, &c., any wheat, or other grain, flour, meal, malt, or potatoes, in any market or other place, or to beat or threaten with violence any person having care or charge of any wheat, grain, &c., whilst on the way to or from any city, market town, or other place, with intent to stop conveyance of same, is punishable on conviction before two justices with imprisonment not exceeding three months. Punishment under this section shall relieve offender from punishment for same offence under any other law.

Section 40.-To unlawfully and with force hinder or prevent seamen, &c. any seaman, keelman, or caster from working at or exercising his lawful trade, business, or occupation, or to beat or use any violence to any such person with intent to hinder or prevent him from working at or exercising the same, is punishable on conviction before two justices with imprisonment not exceeding three months. Punishment under this section shall relieve offender from punishment for same offence under any other law.

Assaults

combina

tion.

Section 41.-Whosoever, in pursuance of any unlawful comarising from bination or conspiracy to raise the rate of wages, or respecting any trade, business, or manufacture, or respecting any person concerned or employed therein, shall unlawfully assault any person, shall be guilty of a misdemeanor. Punishment, two years' imprisonment.

Common assault or

battery, &c.

Aggravated assaults on

boys.

Section 42.-Any person unlawfully assaulting or beating any other person is liable on conviction before two justices to imprisonment for two months, or to a fine not exceeding 57. (including costs), or in default two months' imprisonment.

Section 43.-When any person shall be charged before two females and justices with an assault or battery upon any male child apparently under age of 14 years, or upon any female, on complaint of party aggrieved or otherwise, the said justices, if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions hereinbefore contained as to common assaults and batteries, may proceed to hear and determine the same in a summary way, and on conviction offenders are liable to imprisonment for six months, or to a fine of 207. (including costs), and in default six months' imprisonment, and offenders may be bound over to keep the peace, &c., for six months from expiration of sentence.

Certificate on dismissal of complaint.

Section 44.-"If the justices, upon the hearing of any such case of assault or battery upon the merits, where the complaint was preferred by or on the behalf of the party aggrieved, under either of the last two preceding sections, shall deem the offence not to be proved, or 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."

tion bar to

Section 45.-If any person against whom any such complaint Certificate as in either of the last three preceding sections mentioned shall or convichave been preferred, shall have obtained such certificate, or, other prohaving been convicted, shall have paid the fine or undergone the ceedings. imprisonment awarded, he shall be released from all further civil or criminal proceedings for the same cause.

visions not

Section 46.--Provided, that in case the justices shall find the These proassault or battery complained of to have been accompanied by to apply any attempt to commit felony, or shall be of opinion that the to certain same should be prosecuted by indictment, they shall not adjudi- cases. cate thereon, but shall deal with the case as if they had no authority finally to hear and determine the same; but justices are not authorized to hear and determine any case of assault or battery involving any question of title to lands, tenements, or hereditaments, or any interest therein, or any bankruptcy or insolvency, or execution under the process of any court.

Section 47.-Whosoever shall be convicted upon an indict. Assault ment of any assault occasioning actual bodily harm shall be bodily occasion ing liable, at the discretion of the court, to be kept in penal servitude harm. for five years, or to be imprisoned for two years; and whosoever Common shall be convicted upon an indictment for a common assault assaults. shall be liable, at the discretion of the court, to be imprisoned

for one year.

RAPE, ABDUCTION, AND DEFILEMENT OF WOMEN (a).

Section 48 (6).-Whosoever shall be convicted of the crime of Rape. rape shall be guilty of felony. Punishment, penal servitude for life or two years' imprisonment.

Section 49.-Procuring defilement of girl under age by fraudulent means. This section is repealed by the Criminal Law Amendment Act, 1885. See APPENDIX, p. 517.

Section 50.-Carnally knowing a girl under 10 years.-Whosoever shall unlawfully and carnally know and abuse any girl under the age of 10 years, shall be guilty of felony. Punishment, penal servitude for life or imprisonment for two years.

Section 51.-Carnally knowing a girl between the ages of 10 and 12.-"Whosoever shall unlawfully and carnally know and

(a) See also p. 283.

(b) By 48 & 49 Vict. c. 69, s. 20, every person charged under this section and sections 52 to 55, inclusive, of this Act, and the husband and wife of such person, shall be competent but not compellable witnesses.

Attempt to commit the

last two offences.

Abduction

of a woman against her will, from motives of lucre.

abduction

of a girl under age

against the will of her father, &c.

abuse any girl being above the age of 10 years and under the age of 12 years shall be guilty of a misdemeanor." Punishment, penal servitude for five years or two years' imprisonment. *Section 52.-Whosoever shall be convicted of any indecent assault upon any female, or of any attempt to have carnal knowledge of any girl under 12 years of age (a), shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years.

*Section 53.-" Where any woman of any age shall have any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or shall be a presumptive heiress or coheiress, or presumptive next of kin, or one of the presumptive next of kin, to any one having such interest, whosoever shall, from motives of lucre, take away (a1) or detain such woman against her will, within tent to marry or carnally know her, or to cause her to be married or Fraudulent carnally known by any other person; and whosoever shall fraudulently allure, take away, or detain such woman, being under the age of 21 years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of felony." Punishment, penal servitude for 14 years or two years' imprisonment. "And whosoever shall be convicted of any offence against this section shall be incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she shall have any such interest, or which shall come to her as such heiress, coheiress, or next of kin as aforesaid; and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the Court of Chancery in England or Ireland shall upon any information at the suit of the Attorney-General appoint."

Offender

incapable of taking any

of her property.

Forcible abduction of any

woman with

intent to

marry her.

Abduction of a girl

under 16 years.

*Section 54 (a2).-" Whosoever shall, by force, take away or detain against her will any woman, of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of felony." Punishment, penal servitude for 14 years or imprisonment for two years.

*Section 55.-"Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of 16 years, out of the possession and against the will of her father or mother, or

(a) The words in italics are now repealed by 48 & 49 Vict. c. 69 (Schedule). See APPENDIX, p. 517.

(a1) See p. 74, ante.

(a 2) See also section 7 of 48 & 49 Vict. c. 69, APPENDIX, p. 517. * See note, p. 417.

of any other person having the lawful care or charge of her, shall be guilty of a misdemeanor." Punishment, two years' imprisonment.

CHILD-STEALING.

Section 56.-"Whosoever shall unlawfully, either by force or Childfraud, lead or take away, or decoy or entice away or detain, any stealing. child under the age of 14 years, with intent to deprive any 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." Punishment, penal servitude for seven years or imprisonment for two years. Males under 16 years may, in addition, be whipped. "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."

BIGAMY (6).

with where

Section 57..-"Whosoever, being married, shall marry any Bigamy. other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland, or elsewhere, shall be guilty of felony." Punishment, penal servitude for seven years or imprisonment for two years. "And any such offence may be dealt with, inquired of, Offence may tried, determined, and punished in any county or place in be dealt England or Ireland where the offender shall be apprehended or offender be in custody, in the same manner in all respects as if the shall be offence had been actually committed in that county or place: appre provided that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and tend to Ireland by any other than a subject of Her Majesty, or to any second person marrying a second time whose husband or wife shall have marriages, &c., herein been continually absent from such person for the space of seven stated. years then last past, and shall not have been known by such person to be living within that time, or shall extend to any

(b) See p. 92, ante.

hended. Not to ex

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