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Administer

ing drugs or using

instruments

to procure

abortion.

Procuring drugs, &c., to cause abortion.

Concealing the birth of a child.

person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction."

ATTEMPTS TO PROCURE ABORTION (a).

Section 58.-"Every woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, and whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony." Punishment, penal servitude for life or imprisonment for two years.

Section 59.-"Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor." Punishment, penal servitude for five years or imprisonment for two years.

CONCEALING THE BIRTH OF A CHILD (b).

Section 60.-" If any woman shall be delivered of a child, every person who shall, by any secret disposition of the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, shall be guilty of a misdemeanor." Punishment, imprisonment for two years. "Provided that if any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the jury by whose verdict such person shall be acquitted to find, in case it shall so appear in evidence, that the child had recently been born, and that such person did, by some secret disposition of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the court may pass such sentence as if such person had been convicted upon an indictment for the concealment of the birth."

(a) See p. 75, ante.
(b) See p. 110, ante.

UNNATURAL OFFENCES (c).

Section 61.-"Whosoever shall be convicted of the abominable Sodomy and crime of buggery, committed either with mankind or with any bestiality. animal, shall be liable, at the discretion of the court, to be kept

in penal servitude for life or for any term not less than 10 years."

infamous

Section 62.-"Whosoever shall attempt to commit the said Attempt to abominable crime, or shall be guilty of any assault with intent commit an to commit the same, or of any indecent assault upon any male crime. person, shall be guilty of a misdemeanor." Punishment, penal servitude not exceeding 10 years or two years' imprisonment.

defined.

Section 63.-" Whenever, upon the trial for any offence Carnal punishable under this Act, it may be necessary to prove carnal knowledge knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only."

MAKING GUNPOWDER TO COMMIT OFFENCES, AND SEARCHING

FOR THE SAME.

with intent

Section 64.-To knowingly have in possession, or to make Making or or manufacture, any gunpowder, explosive substance, or any having gundangerous or noxious thing, or any machine or thing with intent Powder, &c., to commit or enable any one to commit any of the felonies in to commit this Act mentioned, is a misdemeanor. Punishment, imprison- any felony ment for two years. Males under 16 years may be whipped. against this

Act.

Section 65.-" Any justice of the peace of any county or place Search in which any such gunpowder, or other explosive, dangerous, or warrants for explonoxious substance or thing, or any such machine, engine, instru- sive subment, or thing is suspected to be made, kept, or carried for the stances. purpose of being used in committing any of the felonies in this Act mentioned, upon reasonable cause assigned upon oath by any person, may issue a warrant under his hand and seal for searching, in the daytime, any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as herein. before mentioned; and every person acting in the execution of any such warrant shall have, for seizing, removing to proper

(c) See title "Sodomy" (GENERAL SUBJECTS), ante.

places, and detaining all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments, or things found upon such search, which he shall have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same shall be, the same powers and protections which are given to persons searching for unlawful quantities of gunpowder under the warrant of a justice by the Act passed in the session holden in the twenty-third and twenty-fourth years of the reign of Her present Majesty, chapter one hundred and thirty-nine, intituled 'An Act to amend the Law concerning the Vict. c. 139. making, keeping, and Carriage of Gunpowder and Compositions of an Explosive Nature, and concerning the Manufacture, Sale,. and Use of Fireworks."

23 & 24

Arrest of suspected person loitering at night.

Principals in second degree and accessories.

Jurisdiction of the

Admiralty.

Hard

labour.

OTHER MATTERS.

Section 66.-" Any constable or peace officer may take into custody, without a warrant, any person whom he shall find lying or loitering in any highway, yard, or other place during the night, and whom he shall have good cause to suspect of having committed or being about to commit any felony in this Act mentioned, and shall take such person as soon as reasonably may be before a justice of the peace, to be dealt with according to law."

Section 67.-In the case of every felony punishable under this Act, principals in the second degree and accessories before the fact are punishable in the same manner as principals in the first degree; and accessories after the fact (except in murder) are liable to imprisonment for two years; and accessories after the fact to murder are liable to penal servitude for life or imprisonment for two years. Abettors in misdemeanors are punishable as principal offenders.

Section 68.-All indictable offences mentioned in this Act committed within the jurisdiction of the Admiralty of England or Ireland may be punished as if committed upon the land in England or Ireland, and may be tried and determined in any county or place in England or Ireland in which the offender shall be apprehended or be in custody, in the same manner as if actually committed in that county or place. The venue in indictments for such offences shall be the same as if the offence had been committed in such county or place, and the offence shall be averred to have been committed "on the high seas;" but nothing herein contained shall alter the laws relating to the government of Her Majesty's land or naval forces.

Section 69.-"Hard labour," when awarded, is to be undergone in the common gaol or house of correction.

confinement and

Section 70.--Solitary confinement during imprisonment is not Solitary to exceed one month at any one time, nor three months in any one year. Whenever whipping may be awarded for any offence whipping. under this Act, the court may sentence the offender to be once privately whipped, the number of strokes and the instrument used being specified.

sureties.

Section 71.-Whenever any person shall be convicted of any Fine and indictable misdemeanor punishable under this Act, the court may, in addition to or in lieu of any punishment by this Act authorized, fine the offender, and require him to enter into recognizances and find sureties for keeping the peace, &c.; and in case of any felony punishable under this Act otherwise than with death the court may require the offender to enter into recognizances and to find sureties for keeping the peace, in addition to any punishment by this Act authorized; provided that no person shall be imprisoned for not finding sureties under this clause for any period exceeding one year.

Section 72.-No summary conviction under this Act shall be No certiorari, &c. quashed for want of form, or be removed by certiorari into any of Her Majesty's superior courts of record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

secuting.

Section 73.-Where any complaint shall be made of any Guardians offence against section 26 of this Act, or of any bodily injury and overinflicted upon any person under the age of 16 years, for which seers prothe offender is liable to be indicted, and where the circumstances amount in law to a felony, or attempt at felony, or assault with intent to commit felony, and two justices on hearing complaint certify that it is necessary for public justice that the prosecution should be conducted by the guardians of the union or place, or by the overseers of the poor of the place in which the offence shall be charged to have been committed, such guardians or Costs. overseers, upon personal service of such certificate or a duplicate upon clerk of guardians or upon any overseer, shall conduct the prosecution, and shall, if necessary, pay the reasonable costs of prosecution; and the clerk or some other officer of the union or Clerk bound place, or one of the overseers, may be bound over to prosecute.

over to prosecute.

Section 74.-Any person convicted on indictment of assault, Payment whether with or without battery and wounding, may, in addition of prosecutor's to any other sentence, be adjudged to pay to the prosecutor the costs by costs and expenses of the prosecution, and such moderate allow- defendant. ance for loss of time as the court shall ascertain to be reasonable; in default the offender shall be imprisoned for any term not exceeding three months, in addition to any term of imprisonment for the offence.

Such costs may be levied by distress.

Summary

Section 75.-The sum so awarded may under warrant be levied by distress and paid to the prosecutor, the surplus, if any, arising from such sale being paid to the owner. In such case the imprisonment awarded until payment of such sum shall thereupon cease.

Section 76.-Every offence hereby made punishable on sumproceedings. mary conviction may be prosecuted in England in the manner directed by 11 & 12 Vict. c. 43, and in Ireland under 14 & 15 Vict. c. 93, &c. Nothing in this Act shall alter the procedure, &c., within the city of London or metropolitan police district.

Costs of prosecution of misdemeanors.

Section 77.-The costs of the prosecution of indictable misdemeanors against this Act may be allowed in the same manner in all respects as in cases of felony.

Section 78.-This Act shall not extend to Scotland, except as herein before otherwise expressly provided.

Section 79.-Commencement of Act, 1st November, 1861.

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