Note. This clause is taken from the 9 Geo. 4, c. 31, s. 29; and see the 14 & 15 Vict. c. 92, s. 2 (I.).

occasion

47. Whosoever shall be convicted upon an indict- Assault ment of any assault occasioning actual bodily harm ing bodily shall be liable, at the discretion of the Court, to be harm. kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall be convicted upon an indictment for a common assault shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding one year, with or without hard labour.

Note. The first part of this clause is taken from the 14 & 15 Vict. c. 100, s. 29.

The power given by the second part of this clause to award hard labour on a conviction of a common assault, is new.

Rape, Abduction, and Defilement of Women.

Common

assault.

48. Whosoever shall be convicted of the crime of Rape. rape 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 three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 16; 10 Geo. 4, c. 34, s. 19 (I.); and 4 & 5 Vict. c. 56, s. 3.

As to hard labour, &c., see ante, p. 5.

ment of

49. Whosoever shall, by false pretences, false re- Procuring presentations, or other fraudulent means, procure the defileany woman or girl under the age of twenty-one girl under years to have illicit carnal connexion with any man, age. shall be guilty of a misdemeanor, and being con

D

Carnally

knowing a

girl under ten years of age.

Carnally knowing a girl between

victed 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.

Note.-This clause is taken from the 12 & 13 Vict. c. 76, s. 1.

As to hard labour, &c., see ante, p. 5.

50. Whosoever shall unlawfully and carnally know and abuse any girl under the age of ten 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 three years,-or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 17; 10 Geo: 4, c. 34, s. 20 (I.), and 4 & 5 Vict. c. 56, s. 3.

As to hard labour, &c., see ante, p. 5.

51. Whosoever shall unlawfully and carnally know and abuse any girl being above the age of ten years and under the age of twelve years shall be guilty of the ages of a misdemeanor, and being convicted thereof shall be

ten and

twelve.

Attempt

liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 17; 10 Geo. 4, c. 34, s. 20 (I.), and 5 Vict. Sess. 2, c. 28, s. 14. (I.).

As to hard labour, &c., see ante, p. 5.

52. Whosoever shall be convicted of any indecent to commit assault upon any female, or of any attempt to have the last two carnal knowledge of any girl under twelve years of offences. age, shall be liable, at the discretion of the Court, to

be imprisoned for any term not exceeding two years, with or without hard labour.

Note.-This clause is taken from the 14 & 15

Abduction of a woman against her

of a girl

53. Where any woman of any age shall have any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or will, from personal estate, or shall be a presumptive heiress or motives of coheiress, or presumptive next of kin, or one of the lucre. presumptive next of kin, to any one having such interest, whosoever shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, and whosoever shall fraudulently allure, Fraudulent take away, or detain such woman, being under the abduction age of twenty-one years, out of the possession and under age against the will of her father or mother, or of any against the other person having the lawful care or charge of her, will of her father, &c. with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, 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 any term not exceeding fourteen years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and Offender whosoever shall be convicted of any offence against incapable this section shall be incapable of taking any estate any of her or interest, legal or equitable, in any real or personal property. property of such woman, or in which she shall have any such interest, or which shall come to her as such heiress, coheiress, or next of kin as aforesaid; and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the Court of Chancery in England or Ireland shall upon any information at the suit of the Attorney-General appoint.

of taking

Forcible abduction

of any woman

to marry

Note. By the first part of this clause, the 9 Geo. 4, c. 31, s. 19, is extended to Ireland, and by the second part the 10 Geo. 4, c. 34, s. 23 (I.), is extended to England.

The words in Italics in the first branch of the clause were introduced to avoid a doubt which might have been raised whether the cases they expressly include were within the former enact

ments.

In the second branch, the age of twenty-one is substituted for eighteen in the 10 Geo. 4, c. 34, s. 23 (I.).

Under the 10 Geo. 4, c. 34, s. 23 (I.), the girl must have been married or defiled, and by the person taking her away. The clause is so altered as to make it correspond with the 9 Geo. 4, c. 34, s. 19, in both respects.

The last part of the clause is framed on the 10 Geo. 4, c. 34, s. 23 (I.), and extended to England. It is enlarged so as to embrace property that may come to the woman after the marriage; and the Court of Chancery is empowered to settle the property in such manner as it deems fit, instead of its being vested in trustees for the separate use of the wife alone, which was all that the 10 Geo. 4, c. 34, s. 23 (I.), directed. The Court, therefore, may, in its discretion, settle the property on the issue of the marriage, and in default of such issue on any relatives of the wife.

54. Whosoever shall, by force, take away or detain against her will any woman, of any age, with intent to marry or carnally know her, or to cause her to be with intent married or carnally known by any other person, 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 any term not exceeding fourteen years and not less than three years,—or to be imprisoned for any term not exceeding two years, with or without hard labour.

her.

--

Note. This clause is new in England, and was taken from the 10 Geo. 4, c. 34, s. 22 (I.), and 5 Vict. Sess. 2, c. 28, s. 15 (I.). It provides a very proper protection to women who happen to have neither any present or future interest in any property.

As to hard labour, &c., see ante, p. 5.

under six

55. Whosoever shall unlawfully take or cause to Abduction be taken any unmarried girl, being under the age of of a girl sixteen years, out of the possession and against the teen years will of her father or mother, or of any other person of age. having the lawful care or charge of her, shall be guilty of a misdemeanor, 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.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 20, and 10 Geo. 4, c. 34, s. 24 (I.). As to hard labour, &c., see ante, p. 5.

Child-stealing.

56. Whosoever shall unlawfully, either by force or Childfraud, lead or take away, or decoy or entice away or stealing. detain, any child under the age of fourteen years, with intent to deprive any parent, guardian, or 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, and whosoever shall, with any such 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 in this section before mentioned, 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 any term not exceeding seven years and not less than three years,—or to be imprisoned for any term not exceeding two years,