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with or without hard labour, and, if a male under the age of sixteen years, with or without whipping: Provided that no person who shall have claimed any right to the possession of such child, or shall be the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.

Note. This clause is taken from the 9 Geo. 4, c. 31, s. 21, and 10 Geo. 4, c. 34, s. 25 (I.).

The word “unlawfully” is substituted for "maliciously,” which was inaccurately used in the former enactments.

The age of the child is extended from ten to fourteen years, and “guardian” is introduced ; and in the proviso words are added to include the mother of an illegitimate child.

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

Bigamy. Bigamy. 57. Whosoever, being married, shall marry any

other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or Ireland or elsewhere, 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 imOffence prisoned for any term not exceeding two years, with may be or without hard labour; and any such offence may

ith be dealt with, inquired of, tried, determined, and offender punished in any county or place in England or Ireshall be land where the offender shall be apprehended or be appre

in custody, in the same manner in all respects as if Not to ex- the offence had been actually committed in that tend to county or place: Provided that nothing in this second

section contained shall extend to any second marriage marriages, &c. herein contracted elsewhere than in England and Ireland stated. by any other than a subject of Her Majesty, or to

dealt with where

hended.

any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who, at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.

Note.—This clause is taken from the 9 Geo. 4, c. 31, s. 22, and 10 Geo. 4, c. 34, s. 26 (I.).

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

Attempts to procure Abortion.

58. Every woman, being with child, who, with Admi. intent to procure her own miscarriage, shall unlawfully nistering administer to herself any poison or other noxious us

drugs or thing, or shall unlawfully use any instrument or other struments means whatsoever with the like intent, and whosoever, to procure

abortion. with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, 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, and with or without solitary confinement.

Note.—This clause is framed on the 7 Will. 4 & 1 Vict. c. 85, s. 6.

The first part of it is new, and extends the former enactment to any woman, who, being with child, attempts to procure her own miscarriage.

The second part in terms makes it immaterial whether the woman were or were not with child, in accordance with the decision in Reg. v. Goodhall, 1 Den. C. C. 187; S. C. as Reg. v. Goodchild, 2 C. & K. 293.

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

Procuring 59. Whosoever shall unlawfully supply or procure drugs, &c. any poison or other noxious thing, or any instrument to cause

or thing whatsoever, knowing that the same is intended abortion.

to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a misdemeanor, and being convicted thereof shall be 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 new. It is intended to check the obtaining of poison, &c., for the purpose of causing abortion, by making both the person who supplies and the person who procures it guilty of a misdemeanor.

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

Concealing the Birth of a Child. Concealing 60. If any woman shall be delivered of a child, the birth every person who shall, by any secret disposition of of a child. the

the dead body of the said child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, 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 : Provided that if any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the jury, by whose verdict such person shall be acquitted, to find, in case it shall so appear in evidence, that the child had recently been born, and that such person did, by some secret dis

jury, or recentlope di

position of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if such person had been convicted upon an indictment for the concealment of the birth.

Note.—This clause is framed from the 9 Geo. 4, c. 31, s. 14; and 10 Geo. 4, c. 34, s. 17 (I.).

Cases have not unfrequently occurred where endeavours have been made to conceal the birth of children, and there has been no evidence to prove that the mother participated in those endeavours, though there has been sufficient evidence that others did so, and under the former enactments, under such circumstances, all must have been acquitted. The present clause is so framed as to include every person who uses any such endeavour, and it is quite immaterial under it whether there be any evidence against the mother or not.

Under the former enactments a person assisting the mother in concealing a birth would only have been indictable as an aider or abettor; but a person so assisting would come within the terms of this clause as a principal.

The terms of the former enactments were “by secret burying or otherwise disposing of the dead body," and on these terms many questions had arisen. See Reg. v. Snell, 2 M. & Rob. 44 ; Rex v. Watkins, 1 Russ. C. & M. 574; Reg. v. Ash, 2 M. & Rob. 294; Reg. v. Bell, ib.; Reg. v. Halton, ib.; Reg. v. Jones, ib.; Reg. v. Goldthorpe, 2 M. C. C. R. 242; Reg. v. Perry, 1 Dears. 471. Under this clause “any secret disposition” is sufficient.

Under the former enactments the mother alone could be convicted of this offence where she was tried for the murder of her child. Under this clause any person tried for the murder of a child may be convicted of this offence, whether the mother be convicted or not.

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

and besti

Unnatural Offences. Sodomy 61. Whoever shall be convicted of the abominable

sti- crime of buggery, committed either with mankind ality.

or with any animal, shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than ten years.

This clause is taken from the 9 Geo. 4, c. 31, s. 15; and 10 Geo. 4, c. 34, s. 18 (I.); but the punishment is mitigated.

famous crime.

Attempt 62. Whoever shall attempt to commit the said aboto commit minable crime, or shall be guilty of any assault with an in

intent to commit the same, or of any indecent assault upon any male person, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.

This clause is new, except the part in common type, which is from the 14 & 15 Vict. c. 100, s. 29.

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

Carnal 63. Whenever, upon the trial of any offence knowledge punishable under this Act, it may be necessary to defined.

prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.

This clause is taken from the 9 Geo. 4, c. 31, s. 18; and 10 Geo. 4, c. 34, s. 21 (I.).

Making Gunpowder to commit Offences, and searching

for the same. Making or 64. Whoever shall knowingly have in his posseshaving

er sion, or make or manufacture, any gunpowder, exgunpowder,

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