No. XXIII. 9 Geo. IV. c. 31. These Provi sions not to apply to aggravated Cases, &c. Punishment for the Master Shore, or re- Provision for Accessories to Offences against this Act. As to Offences against this Act committed at Sea. Not to affect the Laws relating to the Forces. Provision for Offences against this Act punish. able on summary Conviction. conviction, or shall have suffered the imprisonment awarded for non-payment thereof, in every such case he shall be released from fall further or other proceedings, civil or criminal, for the same cause. XXIX. Provided always, and be it enacted, That in case the justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as they would have done before the passing of this Act: Provided also, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of assault or battery in which any question shall arise as to the title to any lands tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any court of justice. XXX. And be it enacted, That if any master of a merchant vessel shall, during his being abroad, force any man on shore, or wilfully leave him behind in any of his Majesty's colonies or elsewhere or shall refuse to bring home with him again all such of the men whom he carried out with him, as are in a condition to return when he shall be ready to proceed on his homeward-bound voyage, every such master shall be guilty of a misdemeanor, and being lawfully convicted thereof, shall be imprisoned for such term as the court shall award; and all such offences may be prosecuted by indictment or by information, at the suit of his Majesty's attorney general, in the Court of King's Bench, and may be alleged in the indictment or information to have been committed at Westminster in the county of Middlesex; and the said court is hereby authorized to issue one or more commissions if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information. XXXI. And be it enacted, That every accessory before the fact to any felony punishable under this Act, for whom no punishment has been herein-before provided shall be liable, at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; and every accessory after the fact to any felony punishable under this Act (except murder) shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years; and every person who shall counsel aid or abet the commission of any misdemeanor punishable under this Act, shall be liable to be proceeded against and punished as a principal offender. XXXII. And be it enacted, That all indictable offences mentioned in this Act, which shall be committed within the jurisdiction of the admiralty of England, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land in England, and may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the admiralty of England: Provided always, that nothing herein contained shall alter or affect any of the laws relating to the government of his Majesty's land or naval forces. XXXIII. And for the more effectual prosecution of offences punishable upon summary conviction by virtue of this Act, be it enacted, That where any person shall be charged on the oath of a credible witness before any justice of the peace with any such offence, the justice may summon the person charged to appear before any two justices of the peace at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person by delivering the same to him) the justices may either proceed to hear and determine the case ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the justice before whom the charge shall be made may (if he shall so think fit) issue such warrant in the first instance, without any previous summons. No. XXIII. 9 Geo. IV. c. 31. XXXIV. Provided always, and be it enacted, That the prosecution for every offence punishable on summary conviction by virtue of this Act shall be commenced within three calendar months after the commission of the offence, and not otherwise. XXXV. And be it enacted, That the justices before whom any person Time for sumshall be summarily convicted of any offence against this Act may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall require; (that is to say,) 6 ВЕ day of at in É it remembered, That on the in the year of our Lord 'the county of , [or riding, division, liberty, city, etc. as the case may be,], 4.O. is convicted before us [naming the justices], two of his Majesty's justices of the peace for the said county, [or riding, etc.] 'for that he the said A.O. did [specify the offence, and the time and place • when and where the same was committed, as the case may be]; and we the 'said justices adjudge the said A.O. for his said offenee to be imprisoned ' in the and there kept to hard labour for the space of [or, we adjudge the said 4.0. for his said offence to • forfeit and pay the sum of] [here state the amount of the fine imposed], and also to pay the sum of for costs; and in default of immediate payment of the said sums, to be imprisoned in the unless the said sums shall be sooner for the space of paid; [or, and we order that the said sums shall be paid by the said 'A.O. on or before the 'the said sum of of day of 'mitted, to be by him applied according to the directions of the statute in for costs shall be paid to C.D. [the party aggrieved]. Given under our hands the day and year first above mentioned. mary Proceedings. Form of Con viction. XXXVI. And be it enacted, That no such conviction shall be quashed No Certiorari, for want of form, or be removed by certiorari or otherwise into any of his &c. Majesty's superior Courts of Record: and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same. XXXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or after any Act, so far as it relates to the crime of high treason, or to any branch of the public revenue, or shall affect or alter any Act for the prevention of smuggling, or any part of the Act passed in the sixth year of the present reign, intituled " An Act to repeal "the Laws relating to the Combination of Workmen, and to make other "Provisions in lieu thereof." XXXVIII. Provided also, and be it enacted, That nothing in this Act contained shall extend to Scotland or Ireland. [No. XXIV.] 10 George IV. c. 34.-An Act for consolidating and amending the Statutes in Ireland, relating to Offences against the Person.-[4th June 1829.] [No. XXV.] 10 George 4. c. 38.-An Act for the more effectual Punishment of Attempts to murder in certain Cases in Scotland.-[4 June 1829.] Not to repeal any Act relating to High Treason, the Combinations. Revenue, or Not to extend to Scotland or Ireland. No. XXV. 10 Geo. IV. c. 38. WHEREAS an Act was passed in the sixth year of the reign of his 6 G. 4, c. 126. present Majesty, intituled "An Act to make Provision in Scotland "for the further Prevention of malicious shooting and attempting to dis"charge loaded Fire Arms, stabbing, cutting, wounding, poisoning, and No. XXV. 10 Geo. IV. c. 38. Recited Act repealed, except as to Of fences already committed. fully shooting, Throwing Sul- Proviso if the Acts done would not have amounted to Murder. Power to restrict not affected. "disabling His Majesty's Subjects; " which Act did not extend to the punishment of cases of attempts to murder by means of suffocation, strangulation, and drowning: And whereas it is expedient that a suitable punishment should attach to such crimes, and that the provisions relative to all the aforesaid offences should be included in one Act: Be it therefore enacted by the King'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, that from and after the passing of this Act, the before-recited Act passed in the sixth year of the reign of his present Majesty shall be and the same is hereby repealed, except as to any offences against the same committed before the passing of this Act, which shall be dealt with and punished as if this Act had not been passed. II. And be it enacted, That from and after the passing of this Act, if any person shall, within Scotland, wilfully maliciously and unlawfully shoot at any of his Majesty's subjects, or shall wilfully maliciously and unlawfully present point or level any kind of loaded fire arms at any of his Majesty's subjects, and attempt, by drawing a trigger or in any other manner, to discharge the same at or against his or their person or persons; or shall wilfully maliciously and unlawfully stab or cut any of his Majesty's subjects, with intent in so doing, or by means thereof, to murder or to maim, disfigure or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects; or shall wilfully maliciously and unlawfully administer to or cause to be administered to or taken by any of his Majesty's subjects any deadly poison or other noxious and destructive substance or thing, with intent thereby, or by means thereof, to murder or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects; or shall wilfully maliciously and unlawfully attempt to suffocate or to strangle or to drown any of his Majesty's subject or subjects, with the intent thereby, or by means thereof, to murder or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such his Majesty's subject or subjects; such person so offending, and being lawfully found guilty, actor or art and part of any one or more of the several offences herein-before enumerated, shall be held guilty of a capital crime, and shall receive sentence of death accordingly. III. And be it enacted, That if any person in Scotland shall, from and after the passing of this Act, wilfully maliciously and unlawfully throw at or otherwise apply to any of his Majesty's subject or subjects any sulphuric acid, or other corrosive substance calculated by external application to burn or injure the human frame, with intent in so doing, or by means thereof, to murder or maim or disfigure or disable such his Majesty's subject or subjects, or with intent to do some other grievous bodily harm to such of his Majesty's subject or subjects, and where, in consequence of such acid or other substance being so wilfully maliciously and unlawfully thrown or appli d with intent as aforesaid, any of his Majesty's subjects shall be naimed disfigured or disabled or receive other grievous bodily harm, such person, being thereof lawfully found guilty, actor or art and part, shall be held guilty of a capital crime, and shall receive sentence of death accordingly. IV. Provided always, and be it enacted, That if it shall appear, upon the trial of any person accused of any of the several offences herein-before enumerated, that under the circumstances of the case, if death had ensued, the act or acts done would not have amounted to the crime of murder, such person shall not be held guilty of a capital crime, or be subject to the punishment aforesaid. V. And be it enacted, That nothing contained in this or in any other statute enacting a capital punishment shall be held to affect or impair the power of the prosecutor to restrict the pains of law. PART V. CLASS V. Rape, Polygamy, Forcible Marriage, &c. [No. I. ] 3 Edward I. c. 13.-The Punishment of him that doth ravish a Woman. AND the King prohibiteth that none do ravish nor take away by force any maiden within age, (neither by her own consent nor without) nor any wife or maiden of full age, nor any other woman ' against her will; and if any do, at his suit that will sue within forty days, the King shall do common right; and if none commence his suit 'within forty days, the King shall sue; and such as be found culpable, shall have two years' imprisonment, and after shall fine at the King's pleasure; and if they have not whereof, they shall be punished by fonger imprisonment, according as the trespass requireth.' [ No. II. ] 13 Edward I. stat. 1. c. 34. It is Felony to commit Rape. A married Woman elopeth with an Advouterer. The Penalty for carrying a Nun from her House. No. I. 3 Edw. I. c. 13. No. II. 13 Edw. I. c. 34. Woman. IT is provided, That if a man from henceforth do ravish a woman married, maid or other, where she did not consent, neither before nor after, he shall have judgment of life and of member. And likewise where a man ravisheth a woman married, lady, damosel, or other, with 'force, although she consent after, he shall have judgment as before is said, if he be attainted at the King's suit, and there the King shall have It is a Felony the suit. And of women carried away with the goods of their husbands, to ravish a the King shall have the suit for the goods so taken away. And if a wife willingly leave her husband, and go away, and continue with her ad- If a Wife do vouterer, she shall be barred for ever of action to demand her dower that she ought to have of her husband's lands, if she be convict thereupon, except that her husband willingly and without coertion of the church, reconcile her, and suffer her to dwell with him; in which case she shall be restored to her action. He that carrieth a nun from her house, although she consent, shall be punished by three years' imprisonment, and shall make convenient satisfaction to the house from whence she was taken, and nevertheless shall make fine at the King's ' will.' [No. III.] 13 Edward I. stat. 1. c. 35.-In what Cases do lie a Writ of Rayishment of Ward, Communi Custodia Ejectione, &c. elope with an she shall forfeit her Dower. Taking away of a Nun. Advouterer, No. IV. 32 H. VII. c. 2. Felony to carry away a Woman against her will that hath Lands or Goods, or is Heir Apparent to her Ancestor. By 39 El. c. 9. this Offence is ousted of Clergy. [No. IV. ] 3 Henry VII. c. 2.-The Penalty for carrying a Woman away against her Will that hath Lands or Goods. 6 TEM, Where women, as well maidens, as widows and wives, having substances, some in goods moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances been oftentimes taken by misdoers, contrary to their will, and after married to such misdoers, or to other by their assent, or defoiled, to the great displeasure of God, and contrary to the King's laws, and disparagements of the said women, and utter heaviness and 'discomfort of their friends, and to the evil ensample of all other :' It is therefore ordained established and enacted, by our Sovereign Lord the King, by the advice of the Lords Spiritual and Temporal, and the Commons, in the said Parliament assembled, and by authority of the same, That what person or persons from henceforth that taketh any woman so (1) against her will unlawfully, that is to say maid widow or wife, that such taking procuring and abetting (2) to the same and also receiving wittingly the same woman so taken against her will, and knowing the same, be felony; and that such misdoers takers and procurators to the same, and receitors, knowing the said offence in form aforesaid, be henceforth reputed and adjudged as principal felons. Provided always, That this Act extend not to any person taking any woman, only claiming her as his ward or bond-woman. [ No. V.] 25 Henry VIII. c. 6.-The Punishment of the Vice of Buggery. [No. VI.] 32 Henry VIII. c. 10.-A Repeal of the Punishment by Death of Priests married or unmarried, and of Women offending with them by Incontinency, limited by the Statute of 31 H. 8. c. 14. A Priest offending by Incontinency, and convict according to the Laws mentioned in 31 H. 8. c. 14. shall the first Time forfeit to the King all his Goods, Chattels, Debts, and all his Spiritual Promotions, saving one; and being the second Time convict, he shall forfeit all his Goods, Chattels, Debts, and the Issue and Profits of all his Lands, Benefices and Promo (1) If the force be in one county and the woman afterwards go into another, and be there married or defiled, the case is not within the Act. The case of R. v. Gordon, for an offence against this Act, Oxford Spring Assizes, 1804, which excited great public attention, was stopped on this ground: Mrs. Lee, the prosecutrix, having admitted upon crossexamination, that before she got into the county of Oxford she had thrown away a camphire-bag, which she regarded as a charm, and exclaimed Now welcome pleasure; but if the force at all continued in the same county, the consent to marriage or defilement does not excuse. The indictment must follow the statute in alledging that the woman had in substance, in lands or goods; or was an heiress, that she was taken against her will, for lucre, and married or defiled; but need not alledge that the taking was with intent to marry or defile her. It is not material that the party marrying was not the author of the original force, or that the woman at first con sented, if she afterwards refused. The marriage, though voidable on account of the force, is a sufficient marriage, de facto, to bring the case within the statute. The woman, notwithstanding such marriage, is a competent witness to prove the fact. Sir M. Hale observes, that in Burn's case, 25 Car. II. most were of opinion, that if the female had lived with the prisoner any considerable time, and consented to the marriage, she could not have been admitted as a witness. This is justly questioned by Sir Wm. Blackstone, 4 Com. 209, and Sir E. East, 1 P. C. 454, upon the ground, that if she were a competent witness at the time of the marriage, no subsequent assent can incapacitate her. See the several points above stated, with the authorities, i East, P. C. Ch. xi. s. 1. (2) The barely receiving the offender is not a case within the statute; and the party receiving is only au accessary at common law; 1 Hale, 661. 1 Hawk, ch. xlii. s. 7, 8. 1 East, ch, xi. s. 1. |