EVIDENCE. Prove being against willinterest in real or personal estate, or heirship, or of kin to one having such interest-lucre, from declarations of such objects, no previous acquaintance, needy circumstances-intent to marry or defile from the circumstances. -Rosc. Cr. Ev. 2 ed. 237; Arch. 12 ed. 559. Prec. of Indict. Matt. C. L. 417. Arch. 558, OBSERVATIONS. The object of the statute is to protect from both force and fraud. Înveigling by confederates; consent at first, if afterwards withdrawn, has been held a taking against her will, under the former stat. 3 Hen. VII. c. 2 (a). The woman is a good witness, for, or against the defendant, although a marriage take place (b); and this though she may have cohabited with the defendant from the day of the marriage (c). The jury ought not to convict of this offence unless they are satisfied that the prisoner committed it from motives of lucre; but evidence of expressions used by the prisoner respecting the property of the lady, such as that he had seen the will of one of her relatives (naming him), and that she would have £220 a year, are important for the consideration of the jury in coming to a conclusion whether the prisoner was actuated by motives of lucre or not. If the jury negative the motives of lucre, and they are satisfied that the prisoner used force to the person of the lady in taking her away, they may find him guilty of an assault under the stat. 14 & 15 Vic. c. 100, s. 9, ante p. 2. Barratt's case, 9 C. & P. 387. If the offence is begun in one county and completed in another, may be tried in either (d). (a) 1 Russ. 571; 1 East. P. C. 454; 1 Hawk. P. C. c. 41, s. 7; Wakefield's case, Murray's ed. (b) 1 Hale 661: 5 St, Tr. 246; Vent, 243; Wakefield's case, ante. Prove her under sixteen, and unmarried the taking away from parent, or person having lawful charge, without their consent.-Rosc. Cr. Ev. 2 ed. 239; Arch. 12 ed. 559. Prec. of Indict. Arch. 559, Matt. C. L. 418. (c) R. v: Perry, 1 Hawk. c. 41, s. 13; 1 Russ. 828. (d) 7 Geo. IV. c. 64, s. 12. An intent to marry or defile, or motives of lucre, are not made constituent parts of this offence. An illegitimate child was within the repealed statute (a); of which it was said, that it was intended to prevent children from being seduced from their parents or guardians by flattering or enticing words, promises or gifts, and married in a secret way to their disparagement (b); and it was held to be no excuse for a defendant, that he made use of no other seduction than the common blandishments of a lover (c). Inducing the parents to part with the child by false and fraudulent representations is within the statute (d). A mother, married again, unless the father has otherwise disposed of the custody of his daughter, is the party having lawful charge of her; the assent of the (a) 4 & 5 P. & M.; 2 Str. 1162; 1 East P. C. 457. (b) Hicks v. Gore, 3 Brod. 84. (c) Twisleton's case, 1 Lev. 257; 1 Hawk. c. 41, s. 10; 1 Russ. 579. (d) Reg. v. Hopkins, C. & Mar. 254. OFFENCE. ABDUCTION-continued. PUNISHMENT ABORTION Procuring by poison, use of instruments, etc. (F) 7 Wm. IV.and 1 Vic. c. 85, ss. 6, 8. Not triable at Quarter Sessions. 5 & 6 Vic. c. 38, s. 1. Transportation for LIFE, or any term not less than FIFTEEN years, or penal servitude for LIFE, or for any term not less than six or exceeding TEN years, or imprisonment for not more than THREE years, with or without hard labour, and with or without solitary confinement; the latter not exceeding ONE month at any one time, nor THREE months in any one year. 16 & 17 Vic. c. 99, ss. 1, 4. Vide 9 & 10 Vic. c. 24, s. 1. ACCESSARIES (F.) Before the fact, in LARCENY. 7 & 8 Geo. IV. c. 29, s. 61. After the fact, except only receivers. (F.) Id. ss. 4, 61. (A.) Same as Principals. (See title LARCENY). Imprisonment for not more than Two years, with or without hard labour, and with or without solitary confinement; the (A) So much of 7 & 8 Geo. IV. c. 29, as relates to the punishment of offences under s. 12, and the whole of s. 25, is repealed; see 1 Vic. c. 90, s. 1. In the substituted punishments by the latter statute, accessaries before the fact are impliedly included, but accessaries after the fact seem still punishable, under ss. 4, 61, of 7 & 8 Geo. IV. c. 29; qualified by 1 Vic. c. 90, EVIDENCE. OBSERVATIONS. second husband is not material (e). It is doubtful, whether after consent of the parent, though afterwards withdrawn, a subsequent taking could be held to be against the will of the parent (f); and also whether it is an offence to take away a girl against the consent of the parent, but with that of one who has the temporary care of her (g). The taking need not be by force actual or constructive, nor need the child have been in the actual possession of her father (h). It is no defence that the defendant did not know her to be under sixteen (2). (e) Ratcliffe's case, 3 Rep. 39. 1 Hawk. c. 41, s. 13. (g) 1 East P. C. 457. Prove the actual administra- 2 ed. 242; Arch. 12 ed. 518. (h) R. v. Manktelow, 22; L. J. M. C. 115. (i) Reg. v. Robins, 1 C. & K. 451, The distinction made in the former statutes, whether the woman was "quick with child," or not quick, is not in the present. Proof of pregnancy therefore is not now necessary (a). If instruments have been the means used, the fact must be so laid and proved. A mere delivery to the woman of a poisoned cake is not an administering within the meaning of the statute (b). Perhaps proof of any other substance or thing ejusdem generis, with that mentioned in the indictment, would be sufficient (c). If proof of the intent fails, the prisoner may be convicted of an assault (d). An accessary before the fact, indicted with the principal, and who appears to take his trial, but the principal does not, is not compellable to plead (e). (a) R. v. Goodhall, 1 Den. C. C. 187; 2 C. & K. 293. (b) Cadman's case, 1 Mood. C. C. 114. (c) Philips's case, 3 Camp. 74'; Coe's case, 6 C. & P. 403. As to accessaries before the fact, where the principal and accessary are tried together.-Prove guilt of principal, that the accessary procured, hired, advised, or com(a) Hale, 347; Fost. (d) By 14 & 15 Vic. c. 100, s. 9, ante p. 2; Button's case, 8 C. & P. 660. (e) Ashmall's case, 9 C. & P. 236. In high treason and misdemeanours, all are principals Accessaries are in felonies only; there cannot be an accessary in manslaughter (a). An accessary 341; 4 Bl. Com. 35. 8. 5 (1). Also by sect. 2, of 1 Vic. c. 90, so much of 7 & 8 Geo. IV. c. 29, as relates to the punishment of offences in ss. 14, 15, 16, 17, is repealed; and as in 1 Vic. c. 90, accessaries are not mentioned, it may be doubtful how far ss. 4, 61, of 7 & 8 Geo. IV. c. 29, are applicable, as in terms, s. 61 applies only to offences punishable under that Act (2). (1) Rosc. Cr. Ev. 2 ed. pp. 334, 334-6; Matt. C. L. App. pp. 16, 75. C (2) Rosc. Cr. Ev. 2 ed. pp. 391, 574; Matt. C, L. App. p. 19. |