(Evidence: Prove 1. That the woman had such interest in real or personal property as is specified in the statute: 2. That she was taken away against her will: 3. That the taking was from motives of lucre).

M. Ib., s. 20. (B) Bail disc.—(2) Of an unmarried girl under the age of 16 years, out of the possession and against the will of her father or mother, or of any other person having the lawful charge of her.

P. Fine or impr., or both.

(Evidence: Prove 1. The taking against the will, &c.: 2. The age of the girl: 3. That she is unmarried).

ABORIGINAL NATIVES.

The Aboriginal Natives are as much under the protection of, and are as amenable to, the laws of the country as the rest of Her Majesty's subjects. (Plunkett's A. M.) (But see case of Aboriginal, Part III.)

By 13 Vic., No. 29, s. 47, (the Publicans' Act), the sale or gift of intoxicating liquors to them is made penal. (See "Publican").

By 6 & 7 Vic., c. 22, authority is given to the Colonial Legislature to make laws for the admission in any Court or before Magistrates of the evidence of aboriginal natives.

ABORTION.

F. 1 Vic., c. 85, ss. 6—8. (c) Bail disc.-(1) Administering to, or causing to be taken by, a woman any poison or other noxious thing to procure; or (2) Using any instrument or other means with the like intent. P. Tr. life-15 yrs.; or impr. not exc. 3 yrs., h. 1. and s. c.; or (if male) h. 1. on roads 15-7 yrs.; (if female), impr. 7-3 yrs., h. 1. and s. c. F. Ib., s. 7. Bail disc.—(3) Accessory after the fact.

P. Impr. not exc. 2 yrs.

ACCESSORIES.

Accessories before the Fact].-By the 13 Vic., No. 7, s. 1, accessories before the fact to felonies are made punishable as principals, as in treason and misdemeanors. The section enacts, "from and after the passing of this Act, (20th July, 1849), if any person shall become an accessory before the fact to any felony, whether the same be a felony at Common Law, or by virtue of any statute or statutes made or to be made, such

(B) It was formerly considered doubtful, (R. v. Meadow, 1 C. & R., 399), but it is now decided that it is immaterial whether the girl consents or not; and that the taking need not be by force, actual or constructive. (R. v. Mankletow, 22 L. J., M. C. 115).

(c) The prisoner was convicted on an indictment under this statute, in a case where it appeared that C. being pregnant, applied to prisoner to get something to produce miscarriage, and that he did procure a drug, which was given by him to C., and taken by her with intent to procure and did procure miscarriage; but the taking by C. was not in his presence. It was held that the conviction was right, as there was "a causing to be taken" within the meaning of the statute. (R. v. Wilson, 26 L. J., M. C. 18). The offence is the intent to procure miscarriage, and this being proved, the prisoner may be convicted, whether the woman is or is not pregnant. (R. v. Goodchild, 2 C. & K., 293).

person may be indicted, tried, convicted, and punished in all respects as if he were a principal felon."

After the Fact].-As to accessories after the fact, there was no general statute which allowed of their being tried before the principal offender was convicted; but sec. 2 of 13 Vic., No. 7, allows them to be "indicted and convicted either as an accessory after the fact to the principal felony, together with the principal felon, or after the conviction of the principal felon; or to be indicted and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice; and may thereupon be punished in like manner as an accessory after the fact to the same felony, if convicted as an accessory, may be punished; and the offence of such person, howsoever indicted, may be inquired of, tried, determined, and punished by any Court which shall have jurisdiction to try the principal felon, in the same manner as if the act by reason of which such person shall become an accessory had been committed at the same place as the principal felony."

By sec. 15 of 16 Vic., No. 18, it is provided that any number of accessories or receivers may be charged with substantive felonies in the same information, notwithstanding the principal felon shall not be included in the same information, or shall not be in custody or amenable to justice.

F. 7 G. IV., c. 64, s. 9, and 13 Vic., No. 7, s. 1. (D) Bail disc.-(1) Before the fact to any felony.

P. The same as principal.

F. 7 & 8 G. IV., c. 28, s. 8, and 13 Vic., No. 7, s. 2. Bail disc.-(2) After the fact to any felony, not specially provided for (not being receivers). P. Tr. 7 yrs., or impr. not exc. 2 yrs., h. 1., s. c., and w.; or (if male) h. 1. on roads 5-3 yrs.; (if female), impr. 3-1 yr., h. 1. and s. c.

N.B. As to accessories after the fact in any particular case, see the conclusion of the titles.

ACCUSING OF CRIME.

F. 1 Vic., c. 87, s. 4, and 10 & 11 Vic., c. 66, s. 2, (adopted by 14 Vic., No. 16.)-(1) Accusing, or threatening to accuse, another of a crime, with a view of extorting money, &c.

P. Tr. life-15 yrs. ; or impr. not exc. 3 yrs., h. l. and s. c.; or (if male) h. 1. on roads 15-7 yrs.

N.B. If the threat was by letter, see "Letter-Threatening," post; if money was extorted, see "Sodomy," post.

(D) An accessory before the fact is one who, being absent at the time of felony committed, procures, commands, or counsels another to commit a crime.

An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, and assists the felon.

In all felonies there may be accessories; but in misdemeanors and treason there are no accessories.

ADMIRALTY.

46 G. III., c. 54; 9 G. IV., c. 83, s. 4; 2 W. IV., c. 51; 11 Vic., No. 46; 6 & 7 Vic., c. 94; 13 Vic., No. 28; and 12 & 13 Vic., c. 96.— The following abstract of 11 & 12 Vic., c. 96, may be useful:

Persons charged in the colony with offences committed on sea.]—S. 1. All persons within any colony charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or like offence, of what nature or kind whatsoever, coinmitted upon the sea, or in any haven, river, creek, or place where the Admiral, &c., has power, authority, or jurisdiction; or if any person charged with the commission of any such offence upon the sea, or in any such haven, river, creek, or place, shall be brought for trial to any colony,-then and in every such case all Magistrates, Justices of the Peace, public prosecutors, &c., shall have and exercise the same jurisdiction and authorities for inquiring of, trying, hearing, determining, and adjudging such offences; and they are hereby respectively authorized, &c., to institute and carry on all such proceedings for the bringing of such persons so charged as aforesaid to trial, &c., as by the law of such colony would and ought to have been had and exercised, &c., by them respectively, if such offence had been committed, and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony, and within the limits of the local jurisdiction of the Courts of criminal justice of such colony.

By s. 2, persons convicted of such offences shall suffer the like punishments as in England. (See Act, and quare as to words "by any law, &c., now in force").

By s. 3, where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, &c., upon the sea, or in any haven, &c., where the Admiral, &c., has power, &c., or in any place out of such colony;-every offence committed in any such case, whether murder or manslaughter, or being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony in the same way in all respects as if such offence had been committed within the colony; and if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who, having been feloniously stricken, &c., shall have died of such stroke, &c., upon the sea, or in any haven, &c., where the Admiral has power, &c., such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.

By Jervis's Act, the Magistrates have jurisdiction in all cases of indictable offences committed on the high seas, or in any place within the jurisdiction of the Admiralty, or for offences on land beyond the seas, for which an indictment may legally be preferred. (S. 1 of 11 & 12 Vic., c. 42. Oke S., p. 12).

By s. 21 of the Imperial Act for the Amendment of the Merchant Shipping Act, 18 & 19 Vic., c. 91, a British subject charged with an offence committed on board any British ship on the high seas, or in any foreign port or harbour, or any person not a British subject charged with

an offence committed on board a British ship on the high seas, and found within Her Majesty's dominions, may be there tried.

ADULTERATION.

See "Publican," (19 Vic., No. 19), "Brewer," and “Baker.”

AFFRAY.

M. at Com. Law. Bail comp.-(1) Two or more fighting in some public place, to the terror of the people. (E)

P. Fine or impr., or both.

AGENTS.

M. 7 & 8 G. IV., c. 29, ss. 49, 51. Bail comp.-(1) Embezzlement by banker, merchant, broker, attorney, or other agent, of money, securities, or proceeds, or of stock, &c., contrary to directions in writing;-or by factors or agents entrusted with goods or merchandise for sale, or bill of lading, &c. (As to exceptions to these offences see ss. 50, 52).

P. Tr. 14-7 yrs.; or fine or impr., with h. 1. and 3. c., or both; or (if male) h. 1. on roads 10-5 yrs.; (if female), impr. 5-2 yrs., h. 1. and s. c.

AIDERS.

S. 11 & 12 Vic., c. 43, s. 5. (See the section in Justices' Act).—(1) Every person who shall aid, abet, counsel, or procure the commission of any offence which is or hereafter shall be punishable on summary conviction. P. Liable to the same forfeiture and punishment as the principal offender.

AMENDMENT.-See "JUSTICES."

ALIEN.-See "NATURALIZATION."

ANIMALS-CRUELTY TO.

S. 14 Vic., No. 40, s. 1. [One Justice or two Justices, s. 10.—(1) Any person cruelly beating, ill-treating, over-driving, or "over-riding," (s.21), abusing, or torturing;-or causing or procuring to be cruelly beaten, &c., any animal. (F) and (G)

(E) The parties may, instead of being committed for trial for the affray or assault, or an indictment being prepared against them in the first instance, be bound over to keep the peace. (See title "Prize Fights," post).

(F) Meaning of "animal" and "over-drive"].-The word "animal" shall be taken to mean any horse, mare, gelding, bull, ox, cow, heifer, steer, calf, mule, ass, sheep, lamb, hog, pig, sow, goat, dog, cat, or any other domestic animal; and the word "over-drive" shall also signify "over-ride." (S. 21).

(G) Time of laying Information].-Within one cal. m. after the cause of offence shall arise. (S. 6).

Apprehension of Offenders, Detention of Vehicle].-S. 5 authorizes the apprehension of offenders without warrant by any constable, either upon his own view of the offence, or upon the complaint or information of any other person who shall declare his name and place of abode to the constable, and he shall then be taken before the Justice, who shall examine the witnesses, &c. S. 11.-Vehicles or animals taken into custody by any constable, with offenders, may be detained and deposited for safe custody, as a security for payment of penalty to which the offender or the owner may become liable, and Justice may order the same to be sold.

ADMIRALTY.

46 G. III., c. 54; 9 G. IV., c. 83, s. 4; 2 W. IV., c. 51; 11 Vic., No. 46; 6 & 7 Vic., c. 94; 13 Vic., No. 28; and 12 & 13 Vic., c. 96.— The following abstract of 11 & 12 Vic., c. 96, may be useful:

Persons charged in the colony with offences committed on sea.]—S. 1. All persons within any colony charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or like offence, of what nature or kind whatsoever, committed upon the sea, or in any haven, river, creek, or place where the Admiral, &c., has power, authority, or jurisdiction; or if any person charged with the commission of any such offence upon the sea, or in any such haven, river, creek, or place, shall be brought for trial to any colony,-then and in every such case all Magistrates, Justices of the Peace, public prosecutors, &c., shall have and exercise the same jurisdiction and authorities for inquiring of, trying, hearing, determining, and adjudging such offences; and they are hereby respectively authorized, &c., to institute and carry on all such proceedings for the bringing of such persons so charged as aforesaid to trial, &c., as by the law of such colony would and ought to have been had and exercised, &c., by them respectively, if such offence had been committed, and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony, and within the limits of the local jurisdiction of the Courts of criminal justice of such colony.

By s. 2, persons convicted of such offences shall suffer the like punishments as in England. (See Act, and quare as to words "by any law, &c., now in force").

By s. 3, where any person shall die in any colony of any stroke, poisoning, or hurt, such person having been feloniously stricken, &c., upon the sea, or in any haven, &c., where the Admiral, &c., has power, &c., or in any place out of such colony;-every offence committed in any such case, whether murder or manslaughter, or being accessory before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in such colony in the same way in all respects as if such offence had been committed within the colony; and if any person in any colony shall be charged with any such offence as aforesaid in respect of the death of any person who, having been feloniously stricken, &c., shall have died of such stroke, &c., upon the sea, or in any haven, &c., where the Admiral has power, &c., such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.

By Jervis's Act, the Magistrates have jurisdiction in all cases of indictable offences committed on the high seas, or in any place within the jurisdiction of the Admiralty, or for offences on land beyond the seas, for which an indictment may legally be preferred. (S. 1 of 11 & 12 Vic., c. 42. Oke S., p. 12).

By s. 21 of the Imperial Act for the Amendment of the Merchant Shipping Act, 18 & 19 Vic., c. 91, a British subject charged with an offence committed on board any British ship on the high seas, or in any foreign port or harbour, or any person not a British subject charged with