Assault, &c., with intent fences. mentioned in Articles 18 and 22; or any girl, with intent to commit the crime mentioned in Article 23, shall incur the penalties of the 11th Class. ART. 28. Whosoever shall assault any person, with intent to commit the crime mentioned to commit unnatural of in Article 25, or shall offer, use, or make any solicitation, persuasion, promise or threat to any person, whereby to move or induce such person to commit or permit such crime, shall incur the penalties of the 11th Class. Infant under 14 years mitting a rape, &c. ART. 29. An infant under the age of 14 years shall, notwithstanding anything in Chapter of age incapable of com- I., Section 2, Article 5 contained, be deemed to be incapable, by reason of impotency, of committing by his own person any of the crimes contained in Articles 18, 22, 23, and 25 of this Section or in Article 9 of Section 1 of Chapter II., or any assault with intent to commit by his own person any of those crimes. (u) Forcible abduction of a (u) See the note to this Article, Second Report of the Commissioners for Revising and Consolidating the Criminal Law, P. 44. ART. 30. Whosoever shall, from motives of lucre, take away or detain against her will fortune with intent to any woman in anywise entitled to any interest, legal or equitable, present or ex woman on account of her marry her, &c. Forcible abduction of pectant, in any property whatsoever, or being presumptive heiress or co-heiress, or presumptive next of kin, or one of the presumptive next of kin to any one having any such interest in property, with intent to marry or defile her, or to cause her to be married or defiled by any other person, shall incur the penalties of the 4th Class. (v) (v) See 9 Geo. IV., c. 31, s. 19. ART. 31. Whosoever shall take away or detain against her will any woman, with intent any woman with intent to to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall incur the penalties of the 11th Class. (w) marry her, &c. age. Unlawful abduction of (w) See the note to this Article, Second Report of the Commissioners for Revising and Consolidating the Criminal Law, p. 44. ART. 32. Whosoever shall unlawfully take, whether with or without her consent, any girls under 16 years of unmarried girl, being under the age of 16 years, out of the possession and against the will of her father, mother or any other person having the lawful care or charge of her, shall incur the penalties of the 11th Class. (x) Child stealing. Exception. (x) See 9 Geo. IV., c. 31, s. 20. ART. 33. such Whosoever shall unlawfully lead or take away, or decoy or entice away or detain any child, under the age of 10 years, with intent to deprive the parent or parents, or any 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; or shall, with any 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 hereinbefore in this Article is mentioned, shall incur the penalties of the 10th Class. (y) (y) See 9 Geo. IV., c. 31, s. 21, in part. ART. 34. Provided, that no person who shall have in good faith claimed to be the father of an illegitimate child, or to have any right to the possession of such child, shall be liable to be prosecuted by virtue of the last preceding Article on account of his getting possession of such child or taking such child out of the possession of the mother or any other person having the lawful charge thereof. (2) (z) See 9 Geo. IV., c. 31, s. 21, and the note to this Article, Second Report of the Commissioners for Revising and Consolidating the Criminal Law, p. 44. ART. 35. Unlawfully sending Bri- Whosoever shall maliciously send as prisoner or transport any subject of Her beyond the seas. Majesty into any parts beyond the seas, whether within or without the dominions fish subjects as prisoners of Her Majesty, shall incur the penalties of the 4th Class. (a) (a) See 31 Car. I., c. 2, s. 12 (the Habeas Corpus Act). ART. 36. Whosoever shall arrest any clergyman upon or under the pretence of executing Arresting clergymen du any civil process, whilst he shall be performing Divine Service, or shall, with the ring Divine Service. knowledge of the person so arresting, be going to perform the same or returning from the performance thereof, shall incur the penalties of the 12th Class. (b) (b) See 9 Geo. IV., c. 31, s. 23. ART. 37. Whosoever shall be guilty of any unlawful restraint of the personal liberty of other person, shall incur the penalties of the 11th Class. any ART. 38. Whosoever shall maliciously or negligently cause any bodily harm, or do any violence to the person of another, shall incur the penalties of the 14th Class. ART. 39. Unlawful imprisonment. Maliciously or negligently causing bodily harm. or doing personal violence. Wherever homicide is Provided that it shall be justifiable to do or omit anything the malicious doing or omission of which respectively is an offence within any of the Articles 3, 4, 6, justifiable, it is justifiable 9, 11, and 38 of this Section, in every case where, had the person against or with bodily harm. respect to whom such thing is done or omitted respectively been killed under the same circumstances, such killing would have been justifiable. (c) (c) See the note to this Article, Second Report of the Commissioners for Revising and Consolidating the Criminal Law, p. 45. ART. 40. Provided also, that it shall be justifiable to cause bodily harm to any other person in any case where had such person been killed such killing would have been extenuated under Article 14 of Section 3 of this Chapter, if the party from whose act or omission such harm results neither intended the death of the person to whom such harm is caused to result nor believed that it would probably result from such act or omission. (d) (d) See the note to this Article, Second Report of the Commissioners for Revising and Consolidating the Criminal Law, p. 45. ART. 41. Bodily harm justifiable when caused with the con sent of party injured, if hus death not intended or believed to be probable. Provided also, that no person shall be liable under any Article of this Section Where homicide not for negligently causing any grievous or other bodily harm or violence to any other negligent, bodily harm cannot be negligently person, in any case where had the party to whose person harm or violence is done caused. been killed under the same circumstances, such killing would not have amounted to negligent homicide. ART. 42. Whosoever shall maliciously place or throw in, into, upon, against or near any building or vessel any gunpowder or other explosive substance with intent to cause any bodily harm to any person, shall, whether or not any explosion takes place, and whether or not any injury is effected to any person, incur the penalties of the 7th Class. (e) (e) See 9 and 10 Vict. c. 25, s. 6, in part. ART. 43. Placing explosive substances near buildings or cause bodily harm. vessels, with intent to Causing bodily harm to deer-keepers. 7 and 8 Geo. IV. c. 92, Whosoever, having entered into any forest, chace or purlieu, whether inclosed or not, or into any inclosed land where deer shall be usually kept, with intent unlawfully to hunt, course, wound, kill, snare or carry away any deer, shall unlaw- ss. 3, 4, and 29; 7 Will, IV. fully cause any bodily harm to (f) any person intrusted with the care of such deer and 1 Vic. c. 90, s. 5. or any of his assistants, who shall demand from such offender any gun, fire-arms, snare or engine in his possession, or any dog there brought for hunting, coursing or killing deer, or who, in case such offender shall not immediately upon such demand deliver up the same, shall attempt to seize and take the same from him in any of those respective places, or, upon pursuit made, in any other place to which he may have escaped therefrom, for the use of the owner of the deer, shall incur the penalties of the 10th Class. (f) The words of the Act are beat or wound." ART. 44. Assaulting. Definition of assault. Assaulting game-keepers. 9 Geo. IV. c. 69, s. 2. Whosoever shall assault any other person, shall incur the penalties of the 15th Class. ART. 45. An assault consists in any attempt, offer or menace by gestures, unlawfully to cause any bodily harm or to do any personal violence to another by one who has present ability to cause such bodily harm or to do such violence. ART. 46. Whosoever, being found, in the night-time, upon any land, whether open or inclosed, whilst unlawfully taking or destroying any game or rabbits in any such land, or with any gun, net, engine or other instrument for the purpose of taking or destroying game, shall assault with any offensive weapon the owner or occu pier of such land, or any person having a right of free warren or free chase thereon, or the lord of the manor or reputed manor wherein such land may be situate, or any gamekeeper or servant of any of the persons herein mentioned, or any person assisting such gamekeeper or servant, to seize and apprehend such offender, whether upon such land, or, in case of pursuit being made, in any other place to which he may have escaped therefrom, shall incur the penalties of the 10th Class. CHAPTER XVI. LIBEL. Definition of libel. Personal libel. Punishment for publishlishing a personal libel. 6 and 7 Vict. c. 96, s. 5. Punishment for pub SUMMARY OF CONTENTS. Article 1, Definition of libel; Art. 2, Of a personal libel; Art. 3, Punishment for publishing a personal libel; Art. 4, For publishing a false personal libel; Art. 5, What expression or signification of hurtful matter or meaning sufficient to constitute a libel; Art. 6, Who a maker of a libel and who a publisher; Art. 7, What a publication of a libel; Art. 8, Publication when excusable; Art. 9, Evidence in defence; Art. 10, 11, What occasions of publication wholly exempt from penalties; Art. 12, Where personal libel true and for the public benefit, the publication justifiable; Art. 13, In proceedings for publishing extracts from Parliamentary Papers it may be shown that such extracts were made in good faith; Art. 14, 16, Privileged communications. A LIBEL consists in ART. 1. Some matter or meaning hurtful to an individual or to the public, as in this Act defined, and expressed or signified by any written, printed, painted or other representations, characters or signs, or any effigy, dramatic performance or other visible device. ART. 2. A personal libel is one which expresses or signifies any contumelious, defamatory or opprobrious matter or meaning designed to insult any person, or to render him odious, contemptible or ridiculous, or to hurt him in his office, profession, trade or occupation, or to exclude him from the benefit and comfort of society, or to disgrace the memory of one who is dead and thereby to excite any person to wrath. ART. 3. Whosoever shall maliciously or negligently publish any personal libel shall incur the penalties of the 14th Class. ART. 4. Whosoever shall maliciously or negligently publish any personal libel, knowing lishing a false personal the same to be false, shall incur the penalties of the 12th Class. libel. 6 and 7 Vict. c. 96, s. 4. What expression or sig ART. 5. The expression or signification of any matter or meaning mentioned in Article 1 nification of hurtful matter shall be deemed to constitute a libel, whether such matter or meaning be expressed or signified directly or indirectly, and whether the application of such matter or or meaning sufficient to constitute a libel. meaning to persons or things can be collected either from such libel alone, or from such libel by the aid of extrinsic circumstances. ART. 6. Every person who shall, by composing, dictating, writing or in any other way contribute to the making of any libel shall be deemed to be a maker of such libel; and, in case any libel shall be published, every maker of such libel with intent to publish the same, and every one who shall in any other manner contribute to such publication, shall be deemed to be a publisher thereof. ART. 7. Who a maker of a libel, and who a publisher. What a publication of a The exposing of any libel to the view of any other person, or the reading aloud of the contents of any libel in the hearing of any other person, or otherwise deal- libel. ing with any libel, whereby in any of such cases the matter or meaning of such libel is made known to any other person; or the sending, delivering, placing or otherwise disposing of any libel with intent in so doing to make known the matter or meaning thereof to any other person, shall be deemed to be a publication of such libel. ART. 8. ble. A publication is excusable where the act is done by a party ignorant in fact of Publication when excusathe matter or meaning of the libel, and acting with due caution, and having no reason for supposing or suspecting the matter or meaning published to be libellous. ART. 9. Whensoever evidence shall have been given against any defendant for the Evidence in defence. purpose of charging him with any act of publication by any other person by his authority, it shall be competent to such defendant to adduce evidence to show that such publication was made either against his will, or without his authority, consent or knowledge, and that there was no want of due care or caution on his part. ART. 10. What occasions of pub A publication may be justifiable either absolutely or in a qualified manner in respect of the occasion. The publication is justifiable absolutely where anything is lishing wholly exempt from penalties. published by a party in either House of Parliament as a member thereof in the course of his parliamentary duty, or is published by a party as a judge or as a grand or petty juror, in the course of his duty, or as a witness or deponent in any proceeding by due authority, or as a petitioner to Parliament, or as a party, suitor or prosecutor, or the agent of a party, suitor or prosecutor, in any court of justice, or where any matter is otherwise published in the usual course in any court of justice, or before any magistrate, constable or other peace officer, in his official capacity; or, except as hereinafter mentioned, where any fair report is published of any judicial proceeding or inquiry; or where any statement is published of the result or fact found to be true by means of any such proceeding or inquiry; or, in general, where any communication required or allowed by law to be made by any public officer or other person, for the advancement of justice, is duly made. ART. 11. Exceptions to the last Provided that nothing contained in the last preceding Article shall extend to exempt any party from any penalty in respect of any publication in a proceeding preceding Article. which is wholly extra-judicial, both as regards the mode of proceeding and the jurisdiction of the court; or to exempt any party from any penalties in respect of the publication of any judicial proceeding or inquiry, which publication contains any seditious, blasphemous, profane, impious or indecent or immoral matter, or in respect of any ex parte or preliminary proceeding on any criminal charge before any coroner, justice of the peace or other such magistrate. ART. 12. A publication of a personal libel is also justifiable absolutely whensoever the Where personal libel matters charged in the alleged libel are true, and it was for the public benefit that benefit, the publication the matters so charged should be published. (a) (a) See the 6 and 7 Vic. c. 96, s. 6. justifiable. ART. 13. In proceedings for pub liamentary Papers, it may It shall be lawful in any criminal proceeding to be commenced or prosecuted lishing extracts from Par- for printing or publishing any extract from or abtract of such of the reports, be shown that such ex- papers, votes or proceedings of either House of Parliament as such House of tracts were made in good Parliament may deem fit or necessary to be published, to give in evidence under faith. 3 and 4 Vict. c. 9, s. 3. Privileged Communications. Definition of "interest." the general issue any such report, votes or proceedings, and to show that such extract or abstract was published in good faith, and without malice; and if such shall be the opinion of the jury, a verdict of not guilty shall be entered for the defendant or defendants. ART. 14. A publication is justifiable in a qualified manner in respect of the occasion, whensoever it is made in good faith concerning any other person for the benefit of any party or of the public, whether it be for the purpose of admonition or advice, or otherwise for the benefit of the party to whom, or by whom, or concerning whom it is made; or be made by petition or otherwise, with a view to the remedy or prevention of any real or supposed grievance; or with intent to ascertain any fact in the existence of which any party or the public has an interest, for the purpose of legal evidence or otherwise, and for the benefit of such party or of the public; or for the advancement of justice, or the prevention or redress of any public or private wrong; or with a view to the discussion of any acts, measures or proceedings affecting the public; or with a view to criticise works of literature, science or art; or otherwise howsoever, where such party or the public has an interest in the making or receiving of such communication. ART. 15. A party or the public shall be deemed to have an interest within the meaning of the last preceding Article in the making or receiving of any communication, not only where the communication is made in discharge of a legal or other duty, but also in all other cases where it may be necessary or expedient in reference to the common convenience of society. ART. 16. Provided that no publication shall be deemed to be justified within the meaning of Article 14 of this Chapter where the hurtful tendency of the matter published or of the manner or extent of publication is greater than is reasonably necessary in respect of such occasion. CHAPTER XVII. OFFENCES AGAINST THE HABITATION. SUMMARY OF CONTENTS. SECTION 1.-Burglary. Article 1-15, Burglary; Art. 16, Burglars doing personal violence, &c. to inmates; Art. 17, Entering dwelling-house by night, with intent to commit theft or felony. SECTION 2.-Arson. Article 1, 2, Setting fire to a dwelling-house, any person being therein; Art. 3, General Definition. What means or manner SECTION 1. Burglary. It is burglary where any person, in the night-time, by any of the means or in the manner hereinafter in Article 2 of this Section specified, effects an entry into a dwelling-house of any other person, or into some inner part thereof, with intent to commit, or unlawfully effects an entry into any such dwelling-house or inner part thereof, and commits therein the crime of theft or some felony. ART. 2. It is an entry into a dwelling-house, or any inner part thereof, within the |