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47 & 48 VICT. c. 76.

Post Office (Protection) Act, 1884.

Repeal.

The expression "misdemeanour" means as regards Scotland and the

Channel Islands a crime and offence.

Other expressions shall have the same meaning as in the Post Office (Offences) Act, 1837.

21. The Acts mentioned in the schedule to this Act are hereby repealed, as from the commencement of this Act, to the extent in the third column of that schedule mentioned. Provided that this repeal shall not affect

(1.) Anything done or suffered before the commencement of this Act ;

or

(2.) Any legal proceeding, warrant, or other thing commenced, issued, or done before the commencement of this Act in pursuance of any enactment hereby repealed,

and any such legal proceeding, warrant, or thing may be carried on, executed, and completed as if this Act had not passed.

SCHEDULE.

A description or citation of a portion of an Act in this schedule is inclusive of the words, section, or other part first and last-mentioned or otherwise referred to as forming the beginning or as forming the end of the portion described in the description or citation.

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Extent of Repeal.

Post Office (Offences) Section five.
Act, 1837.

Section thirteen, from "and any such justice shall" to "shall be sooner paid," and from "for the county or place" to the end of the section.

Section fourteen.

Section fifteen.

Section sixteen.

Section seventeen.

Section nineteen.

Section twenty.

Section twenty-one.

Section twenty-two.

Section thirty-two.

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Section forty-one, from "not less
than seven to "four years " and
from "nor less than seven years,"
to the end of the section.
Section forty-two, from "and may
also direct" to the end of the
section.

Section forty-three, from "and on
due proof being made" to "shall
be satisfied."

Section forty-five, so far as relates to any proceeding before a court of summary jurisdiction in England.

Section forty-seven, from

"and

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the term post letter shall mean down to "sorted, made up, or despatched."

Post Office (Duties) Act, Section twenty-two, from "not less than seven years 99 to the end of

1840.

the section.

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Extent of Repeal.

Section twenty-nine, the words "not less than two years." Section thirty, the words "nor less than six calendar months." Section sixty-two.

Section ten, from "every postal packet shall" to the end of the section.

Section fifty-three, from "every offence under the statutes" down to "provided by the Summary Jurisdiction Acts." Section seven.

Section eleven, from every offence under the statutes "down to "provided by the Summary Jurisdiction Acts."

47 & 48 VICT. c. 76.

Post Office (Protection) Act, 1884.

STATUTES AND PARTS OF STATUTES

AFFECTING THE CRIMINAL LAW,

PASSED IN THE SESSION OF PARLIAMENT OF 1885.

34 & 35 Vict. c. 112.

Construction and short title.

Extension of

34 & 35 Vict. c. 112, s. 12.

Extent of
Act.

PREVENTION OF CRIMES AMENDMENT ACT, 1885.
48 & 49 VICt. cap. 75.

An Act to amend the Prevention of Crimes Act, 1871.-
[14th August, 1885.]

Whereas it is expedient to amend the Prevention of Crimes Act, 1871: Be it therefore enacted by the Queen's most Exeellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act shall be construed as one with the Act of the session of the thirty-fourth and thirty-fifth years of the reign of her present Majesty, chapter one hundred and twelve, and may be cited for all purposes as "The Prevention of Crimes Amendment Act, 1885."

2. The provisions of the twelfth section of the said recited Act shall apply to all cases of resisting or wilfully obstructing any constable or peace officer when in the execution of his duty.

Provided, that in cases to which the said recited Act is extended by this Act the person convicted shall not be liable to a greater penalty than five pounds, or, in default of payment, to be imprisoned with or without hard labour for a longer term than two months.

3. This Act shall not apply to Ireland.

Short title.

Procuration.

CRIMINAL LAW AMENDMENT ACT, 1885.

48 & 49 VICT. CAP. 69.

An Act to make further provision for the Protection of Women and Girls,
the suppression of brothels, and other purposes.-[14th August, 1885.]
Be it enacted by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same,
as follows:

1. This Act may be cited as "The Criminal Law Amendment Act, 1885."

PART I.—PROTECTION OF WOMEN AND GIRLS.

2. Any person who

(1.) Procures or attempts to procure any girl or woman under twentyone years of age, not being a common prostitute, or of known

immoral character, to have unlawful carnal connection, either 48 & 49 VICT.
a. 69.
within or without the Queen's dominions, with any other person
or persons; or

Criminal

(2.) Procures or attempts to procure any woman or girl to become, Law Amendeither within or without the Queen's dominions, a common ment Act, 1885. prostitute; or

(3.) Procures or attempts to procure any woman or girl to leave the United Kingdom, with intent that she may become an inmate of a brothel elsewhere; or

(4.) Procures or attempts to procure any woman or girl to leave her usual place of abode in the United Kingdom (such place not being a brothel), with intent that she may, for the purposes of prostitution, become an inmate of a brothel within or without the Queen's dominions,

shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.

Provided that no person shall be convicted of any offence under this section upon the evidence of one witness, unless such witness be corroborated in some material particular by evidence implicating the accused. 3. Any person who

Procuring defilement of woman by threats or fraud, or ad.

(1.) By threats or intimidation procures or attempts to procure any woman or girl to have any unlawful carnal connection, either within or without the Queen's dominions; or (2.) By false pretences or false representations procures any woman or ministering girl, not being a common prostitute or of known immoral drugs. character, to have any unlawful carnal connection, either within

or without the Queen's dominions; or

(3.) Applies, administers to, or causes to be taken by any woman or girl any drug, matter, or thing, with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connection with such woman or girl,

shall be guilty of a misdemeanour, and being convicted thereof, shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.

Provided that no person shall be convicted of an offence under this section upon the evidence of one witness only, unless such witness be corroborated in some material particular by evidence implicating the accused.

4. Any person who

Defilement

unlawfully and carnally knows any girl under the age of thirteen of girl under

years,

shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be kept in penal servitude for life, or for any term not less than five years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

Any person who attempts to have unlawful carnal knowledge of any girl under the age of thirteen years shall be guilty of a misdemeanour, and being convicted therof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.

Provided that in the case of an offender whose age does not exceed sixteen years, the court may, instead of sentencing him to any term of

thirteen years of age.

c. 69.

Criminal

48 & 49 VICT. imprisonment, order him to be whipped, as prescribed by the Act of the twenty-fifth and twenty-sixth Victoria, chapter eighteen, intituled "An Act to amend the law as to the Whipping of Juvenile and other Offenders," Law Amend. and the said Act shall apply, so far as circumstances admit, as if the ment Act, 1885. offender had been convicted in manner in that Act mentioned; and if, having regard to his age and all the circumstances of the case, it should appear expedient, the court may, in addition to the sentence of whipping, order him to be sent to a certified reformatory school, and to be there detained for a period of not less than two years and not more than five years. The court may also order the offender to be detained in custody for a period of not more than seven days before he is sent to such reformatory school.

Defilement of girl between thirteen and

sixteen years of age.

Householder,

&c., per.

Where, upon the hearing of a charge under this section, the girl in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such girl or other child of tender years may be received, though not given upon oath, if, in the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth: Provided that no person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution shall be corroborated by some other material evidence in support thereof implicating the accused: Provided also, that any witness whose evidence has been admitted under this section shall be liable to indictment and punishment for perjury in all respects as if he or she had been sworn.

Whereas doubts have been entertained whether a man who induces a married woman to permit him to have connection with her by personating her husband is or is not guilty of rape, it is hereby enacted and declared that every such offender shall be deemed to be guilty of rape.

5. Any person who

(1.) Unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any girl being of or above the age of thirteen years and under the age of sixteen; or

(2.) Unlawfully and carnally knows or attempts to have unlawful carnal knowledge of any female idiot or imbecile woman or girl, under circumstances which do not amount to rape, but which prove that the offender knew at the time of the commission of the offence that the woman or girl was an idiot or imbecile,

shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.

Provided that it shall be a sufficient defence to any charge under subsection one of this section if it shall be made to appear to the court or jury before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years.

Provided also, that no prosecution shall be commenced for an offence under sub-section one of this section more than three months after the commission of the offence.

6. Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the mangement or control thereof

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