her, takes her back to the place where he found her, and there leaves her. She returns home. A was not aware at the time that B had a father or mother living. A has not abducted B.

ARTICLE 280.

ABDUCTION OF GIRLS UNDER EIGHTEEN.

1 Every person commits a misdemeanor, and being convicted thereof is liable to two years imprisonment with hard labour, who, with intent that any unmarried girl under the age of eighteen years should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally, takes or causes to be taken such girl out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her.

It is a sufficient defence to any charge under this Article if it is made to appear to the Court or jury that the person so charged had reasonable cause to believe that the girl was of or above the age of eighteen years.

ARTICLE 281.

DETAINING WOMEN IN BROTHELS.

2 Every one commits a misdemeanor, and upon conviction. thereof is liable to imprisonment with hard labour for two years who detains any woman or girl against her will

(1.) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man, or generally, or

(2.) in any brothel.

Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connection, or is in any brothel, a person shall be deemed to detain such woman

or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or, where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

No legal proceeding, whether civil or criminal, may be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.

1

ARTICLE 282.

STEALING CHILDREN UNDER FOURTEEN.

Every one is guilty of felony and is liable, upon to seven years penal servitude, who

conviction,

(1.) unlawfully, either by force or fraud, leads, or takes away, or decoys or entices away, or detains any child under the age of fourteen years; or

(2.) receives or harbours any such child, knowing it to have been so dealt with,

with intent to deprive any parent or guardian, or other person having the lawful care or charge of such child, of the possession of it, or with intent to steal any article about or upon the person of such child.

Provided that this Article does not extend to any person who gets possession of any child, or takes any child out of the possession of any one who has lawful charge of it, if such person either claims a right to the possession of the child, or (if it is an illegitimate child) is its mother or claims to be its father.

124 & 25 Vict. c. 100, s. 56, W.

CHAPTER XXX

OFFENCES AGAINST CHILDREN BY PARENTS AND OTHERS

ARTICLE 283.

NEGLECTING TO PROVIDE FOOD, ETC., FOR CHILDREN.

1 EVERY one commits a misdemeanor who, being the parent, or master, or mistress, of any child of tender years, and unable to provide for itself, refuses or neglects (being able to do so) to provide sufficient food, clothes, bedding, and other 2 necessaries for such child, so as thereby to injure the health of such child.

ARTICLE 284.

CRUELTY TO CHILDREN.

3 Every person over the age of sixteen years commits a misdemeanor, and is liable upon conviction thereof (subject to the exception mentioned in Article 285) to two years imprisonment and hard labour, or a fine not exceeding one hundred pounds, or both, who

1 Friend's Case, 1802, R. & R. 20; R. v. Ryland, 1867, 1 C. C. R. 99. It is necessary to prove actual injury to the child's health, R. v. Philpott, 1853, D. & P. 179, and R. v. Hogan, 1851, 2 Den. 277, and that the defendant actually has, not merely that he might get from the relieving officer the means of providing for the child: R. v. Chandler, 1855, D. & P. 453. The common law misdemeanor is of less practical importance since the passing of the Prevention of Cruelty to and Protection of Children Acts, 1889-1894. See Articles 284-5.

2 It is doubtful whether this includes medical attendance as regards any one but a parent who is under a statutory obligation to provide it. See Article 286; R. v. Downes, 1875, 1 Q. B. D. 25.

3 57 & 58 Vict. c. 41, s. 1. The Prevention of Cruelty to Children Act, 1894. This Act consolidates and repeals the Prevention of Cruelty to and Protection of Children Act, 1889, and the previous Prevention of Cruelty to Children Act, 1894. Ss. 6, 7, & 8 of the present Act give power to the Court, upon the conviction of a person under s. 1, to make an order giving custody of the child to some fit person, having regard, as far as possible, to "the religious persuasion to which the child belongs." These offences are also punishable summarily.

having the custody, charge, or care of any child under the age of sixteen years, wilfully assaults, ill-treats, neglects, abandons, or exposes such child, or

causes such child to be assaulted, ill-treated, neglected, abandoned, or exposed,

in a manner likely to cause such child unnecessary suffering or injury to its 1 health.

ARTICLE 285.

CRUELTY TO CHILDREN BY INTERESTED PERSON.

3

2 If it is proved that a person indicted under the 1st section of the Prevention of Cruelty to Children Act, 1894, (Art. 284) was 3 interested in any sum of money accruable or payable in the event of the death of the child, and knew that such sum of money was accruing or becoming payable,

such person is liable, upon conviction, to penal servitude for any term not exceeding five years in lieu of any other penalty, or to

a fine of two hundred pounds.

ARTICLE 286.

ABANDONING CHILDREN UNDER TWO.

Every one commits a misdemeanor, and is liable upon conviction thereof to five years penal servitude,

4 who unlawfully abandons or exposes any child being under the age of two years, whereby the life of such child is endangered or its health has been or is likely to be permanently injured.

1 It is enacted (s. 1, subs. [1]) that "injury to or loss of sight, or hearing, or limb, or organ of the body" is injury to a child's health. It is probable that injury to or loss of one of the other senses would be held to be so. Neither limb" nor 66 organ " is defined.

2 57 & 58 Vict. c. 41, s. 1, subs. (3).

3 A person is interested in such money "if he has any share in or any benefit from the payment of that money, though he is not a person to whom it is legally payable." S. 1, subs. (4).

4 24 & 25 Vict. c. 100, s. 27. Part of sect. 26 refers to the same subject. See Art. 260 (d.).

The words "abandoned" and "expose" include a wilful omission to take charge of the child on the part of a person legally bound to do so, and any mode of dealing with it calculated to leave it exposed to risk without protection.

Illustrations.

(1.) 1 B, A's wife, living apart from A, leaves C their child, nine months old, lying in the road outside A's door. A, knowing its position, lets it lie there from 7 P.M. till 1 A.M. A's mother, D, knowing the child is there, and being in her house, acts in the same way as A. A has abandoned and exposed C, but D has not, as she was under no legal obligation to take charge of C.

(2.) 2 A sends B, her child five weeks of age, packed up in a hamper as a parcel, by railway, to C, B's putative father, giving directions to the clerk to be very careful of the hamper, and send it by the next train. The child reaches C safely. A has aban

doned and exposed B.

1 R. v. White, 1871, 1 C. C. R. 311.

2 R. v. Falkingham, 1870, 1 C. C. R. 222.