(2.) 1 A marries B, and during B's lifetime, goes through a form of marriage with C, a person within the prohibited degrees of affinity. A has committed bigamy.

(3.) 2 A marries B in Ireland, and during B's lifetime goes through a form of marriage with C in Ireland which is invalid, because both A and C are Protestants, and the marriage is performed by a Roman Catholic priest. A commits bigamy.

(4.) 3 A, married to C, marries B in C's lifetime by banns. B (the woman) being married, for purposes of concealment under a false name. A has committed bigamy.

4

(5.) * A, married to B, marries C in B's lifetime, in the colony of Victoria.

In order to show that A committed bigamy it must be proved that the form by which he was married was one recognized as a regular form of marriage by the law in force in Victoria.

(6.) 5 A, married to B, sees B washed overboard from a ship in mid ocean, and never hears of B's rescue. B is in fact rescued and A marries C in B's lifetime. A has not committed

bigamy.

6

ARTICLE 275.

PRINCIPALS IN SECOND DEGREE IN BIGAMY.

Every one is a principal in the second degree in the crime of bigamy who, being unmarried, knowingly enters into a marriage which renders the other party thereto guilty of bigamy.

ARTICLE 276.

IRREGULAR MARRIAGES UNDER THE MARRIAGE ACT OF 1823.

7 Every one is guilty of felony, and is liable upon conviction thereof to fourteen years penal servitude, who knowingly and wilfully

1 R. v. Brawn, 1843, 1 C. & K. 144; R. v. Allen, 1872, 1 C. C. R. 367.

2 R. v. Allen, ub. sup. pp. 373-5, disapproving of R. v. Fanning, 17 Ir. C. L. 289.

3 R. v. Penson, 1832, 5 C. & P. 412. In R. v. Rea, 1872, 1 C. C. R. 365, the prisoner at the bigamous marriage (before the registrar) gave a false Christian name, and was held to be rightly convicted.

4 Burt v. Burt, 1860, 29 L. J. N. S., P. D. A. 133.

5 R. v. Tolson, 1889, 23 Q. B. D. 168.

6 R. v. Brawn & Webb, 1843, 1 C. & K. 144.

7 4 Geo. 4, c. 76, s. 21.

(a.) solemnises matrimony in any other place than a church or such public chapel wherein banns may be lawfully published, or at any other time than between the hours of eight in the forenoon and three in the afternoon, unless by special licence from the Archbishop of Canterbury; or

(b.) solemnises matrimony without due publication of banns, unless licence of marriage be first had and obtained from some person having authority to grant the same; or

(c.) falsely pretending to be in holy orders, solemnises matrimony according to the rites of the Church of England. All prosecutions for any felony mentioned in this Article must be commenced within three years after the offence committed.

2 Provided also that nothing in this Article contained applies to the solemnisation of marriage under the provisions of any Act of Parliament passed after the 18th of July, 1823.

ARTICLE 277.

IRREGULAR MARRIAGES UNDER THE MARRIAGE ACT OF 1837.

3 Every one is guilty of felony who knowingly and wilfully (a.) solemnises any marriage in England, except by special licence, in any other place than a church or chapel in which marriages may be solemnised according to the rites of the Church of England, or than the registered building or office specified in a notice and certificate used under the 6 & 7 Will. 4, c. 85 (5 except in the case of a marriage between

1 49 Vict. c. 14, s. 2.

2 This proviso is added to express the effect of subsequent legislation on the subject. The Acts referred to are 6 Geo. 4, c. 92; 11 Geo. 4 & 1 Will. 4, c. 18; 6 & 7 Will. 4, c. 85; 7 Will. 4 & 1 Vict. c. 22, and some others. The Act of 1823 assumes that all marriages are solemnised in the Established Church. The Act of 1837, 6 & 7 Will. 4, c. 85, provides for the solemnisation of marriages elsewhere.

36 & 7 Will. 4, c. 85, s. 39. As to similar felonies by superintendentregistrars and registrars of marriage see sect. 40.

Sect. 7, relating to the certificate, is repealed, 37 & 38 Vict. c. 35.

5 No such exception is contained in the Act of 1823; but it can hardly have been intended to apply to such marriages. See 10 & 11 Vict. c. 58 (passed in consequence of the decision in R. v. Millis, 1844, 10 C. & F.

two of the Society of Friends, commonly called Quakers, or between two persons professing the Jewish religion, according to the usages of the Jews); or

(b.) who, in any such registered building or office, solemnises any marriage in the absence of a registrar of the district in which such registered building or office is situated; or

(c.) who solemnises any marriage in England (except by licence) within 1 one day after the entry of the notice to the superintendent registrar, or after three months after such entry.

2 Every prosecution for any felony mentioned in this Article must be commenced within three years of the offence committed.

ARTICLE 278.

ABDUCTION WITH INTENT TO MARRY.

Every one commits felony and is liable, upon conviction, to fourteen years penal servitude, who, with intent to marry or carnally know any woman, or with intent to cause any woman to be married or carnally known by any other person,

(a.) 3 from motives of lucre, takes away or detains against her will any such woman having any such interest in property as is hereinafter mentioned; or

(b.) 3 fraudulently allures, takes away, or detains, any such woman, being under the age of twenty-one years, and having any such interest in property as is hereinafter mentioned, 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; or

(c.) by force takes away or detains against her will any woman of any age.

1 Formerly twenty-one days, but see 19 & 20 Vict. c. 119, s. 9.

2 6 & 7 Will. 4, c. 85, s. 41.

3 24 & 25 Vict. c. 100, s. 53 (redrawn). The meaning of the words "possession" and "fraudulently was considerably discussed in R. v. Burrell, 1863, L. & C. 354; but as the Court differed on the facts of the case, no definite conclusion was arrived at.

4 Ibid. s. 54.

If any woman, against whom either of the offences defined in clauses (a.) and (b.) is committed, has any interest, legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or is a presumptive heiress or co-heiress, or presumptive next of kin, or one of the presumptive next of kin to any one having such interest, any person convicted of either of the said offences against her is incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress, or next-of-kin, and if any such marriage has taken place, such property must, upon such conviction, be settled in such manner as the Court of Chancery in England or Ireland may, upon any information at the suit. of the Attorney-General, appoint.

1 In prosecutions for offences against this Article, a woman who, having been taken away, has been married to the offender, is, notwithstanding that marriage, competent to be a witness against him.

ARTICLE 279.

ABDUCTION OF GIRLS UNDER SIXTEEN.

2 Every one commits a misdemeanor and is liable to two years imprisonment and hard labour, who unlawfully takes, or causes to be taken, any unmarried girl, being under the age of sixteen 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.

The taking must be a taking under the power, charge, or protection of the taker, but it is immaterial whether the girl is taken with her own consent, or at her own suggestion, or against her will.

The expression "taking out of the possession'

means

1 R. v. Wakefield, 1827, 2 Lew. 279; R. v. Perry, 1794, R. & M. at p. 354.

2 24 & 25 Vict. c. 100, s. 55, as explained by the case referred to in the Illustrations.

taking the girl to some place where the person in whose charge she is cannot exercise control over her, for some purpose inconsistent with the objects of such control. A taking for a time only may amount to abduction.

If the consent of the person from whose possession the girl is taken is obtained by fraud, the taking is deemed to be against the will of such person.

The fact that the offender supposes, in good faith and on reasonable grounds, that the girl is more than sixteen years of age, is immaterial; but [it seems] it is necessary that he should either know, or have reason to believe, that she was under the lawful care or charge of her father, mother, or some other person.

Illustrations.

(1.) 1 A and B, two girls under sixteen, run away from home together. Neither abducts the other.

(2.) 2 A persuades B, a girl under sixteen, to leave her father's house, and sleep with him for three nights, and then sends her back. A has abducted B.

(3.) 3 A, a lady, persuades B, a girl under sixteen to leave her father's house, and come to A's house for a short time, for the purpose of going to the play with her. A has not abducted B.

(4.) * A, a girl, under sixteen, asks B, by whom she has been seduced, to elope with her, which he does. B commits abduction. (5.) A induces B to permit his daughter C to go away by falsely pretending that he (A) will find a place for C. A abducts C.

(6.) A takes B, a girl under sixteen, out of her father's possession, believing her upon good grounds to be eighteen. A has abducted B.

(7.) 7 A meets B, a girl under sixteen, in the street, gets her to stay with him some hours, during which interval he seduces

1 R. v. Meadows, 1844, 1 C. & K. 399, as explained by note to R. v. Kipps, 1850, 4 Cox, C. C. 167; and R. v. Mankletow, 1853, D. & P. 159. 2 R. v. Timmins, 1860, Bell C. C. 276.

3 Founded on a dictum of Crompton, J., in R. v. Timmins (sup.).

4 R. v. Biswell, 1847, 2 Cox, C. C. 259; and see R. v. Robins, 1844, 1 C. & K. 456.

5 R. v. Hopkins, 1842, Car. & Mar. 254.

6 R. v. Prince, 1875, 2 C. C. R. 154.

7 R. v. Hibbert, 1869, 1 C. C. R. 184.