the solemnisation of marriage under the provisions of any Act of Parliament passed after the 18th of July, 1823.

ARTICLE 260.

IRREGULAR MARRIAGES UNDER THE MARRIAGE ACT OF 1837.

1

1 Every one is guilty of felony who knowingly and wilfully (a.) solemnises any marriage in England, except by special licence, in any other place than a church or chapel in which marriages may be solemnised according to the rites of the Church of England, or than the registered building or office specified in a notice and certificate issued under the 6 & 7 Will. 4, c. 85 (3 except in the case of a marriage between two of the Society of Friends, commonly called Quakers, or between two persons professing the Jewish religion, according to the usages of the Jews); or

2

(b.) who, in any such registered building or office, solemnises any marriage in the absence of a registrar of the district in which such registered building or office is situated; or

(c.) who solemnises any marriage in England (except by licence) within twenty-one days after the entry of the notice to the superintendent registrar, or after three months after such entry.

ARTICLE 261.

ABDUCTION WITH INTENT TO MARRY.

Every one commits felony and is liable, upon conviction, to a maximum punishment of fourteen years penal servitude, who, with intent to marry or carnally know any woman, or

6 & 7 Will. 4, c. 85; 7 Will. 4 & 1 Vict. c. 22, and some others. The Act of 1823 assumes that all marriages are solemnised in the Established Church. The Act of 1837, 6 & 7 Will. 4, c. 85, provides for the solemnisation of marriages elsewhere.

16 & 7 Will. 4, c. 85, s. 39.

2 Sect. 7, relating to the certificate, is repealed, 37 & 38 Vict. c. 35. No such exception is contained in the Act of 1823; but it can hardly have been intended to apply to such marriages. See 10 & 11 Vict. c. 58 (passed in consequence of the decision in R. v. Millis, 10 C. & F. 534).

with intent to cause any woman to be married or carnally known by any other person,

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(a.) 1 from motives of lucre, takes away or detains against her will any such woman having any such interest in property as is hereinafter mentioned; or

(b.) 2 fraudulently allures, takes away, or detains, any such woman, being under the age of twenty-one years, and having any such interest in property as is hereinafter mentioned, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; or

(c.) 3 by force takes away or detains against her will any woman of any age.

If any woman, against whom either of the offences defined in clauses (a.) and (b.) is committed, has any interest, legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or is a presumptive heiress or co-heiress, or presumptive next of kin, or one of the presumptive next of kin to any one having such interest, any person convicted of either of the said offences against her is incapable of taking any estate or interest, legal or equitable, in any real or personal property of such woman, or in which she has any interest, or which comes to her as such heiress, co-heiress, or next of kin, and if any such marriage has taken place, such property must, upon such conviction, be settled in such manner as the Court of Chancery in England or Ireland may, upon any information at the suit of the Attorney-General, appoint.

4

In prosecutions for offences against this Article, a woman who, having been taken away, has been married to the offender, is, notwithstanding that marriage, competent to be a witness against him.

posses

124 & 25 Vict. c. 100 s. 53 (redrawn). The meaning of the words " sion" and "fraudulently" was considerably discussed in R. v. Burrell, L. & C. 354; but as the Court differed on the facts of the case, no definite conclusion was arrived at.

2 See ante, note ', p. 177.

24 & 25 Vict. c. 100, s. 54.

4 R. v. Wakefield, 1 Lew. 279; R. v. Perry, 1 R. C. & M. 949.

ARTICLE 262.

ABDUCTION OF GIRLS UNDER SIXTEEN.

1Every one commits a misdemeanor and is liable to a maximum punishment of two years imprisonment and hard labour, who unlawfully takes, or causes to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her.

The taking must be a taking under the power, charge, or protection of the taker, but it is immaterial whether the girl is taken with her own consent, or at her own suggestion, or against her will.

The expression "taking out of the possession" means taking the girl to some place where the person in whose charge she is cannot exercise control over her, for some purpose inconsistent with the objects of such control. A taking for a time only may amount to abduction.

If the consent of the person from whose possession the girl is taken is obtained by fraud, the taking is deemed to be against the will of such person.

The fact that the offender supposes, in good faith and on reasonable grounds, that the girl is more than sixteen years of age, is immaterial; but [it seems] it is necessary that he should either know, or have reason to believe, that she was under the lawful care or charge of her father, mother, or some other person.

2

Illustrations.

(1.) A and B, two girls under sixteen, run away from home together. Neither abducts the other.

(2.) A persuades B, a girl under sixteen, to leave her father's house, and sleep with him for three nights, and then sends her back. A has abducted B.

1 24 & 25 Vict. c. 100, s. 55, as explained by the case referred to in the llustrations.

2 R. v. Meadows, 1 Car. & Kir. 399, as explained by note to R. v. Kipps, 4 Cox, C. C. 168; and R. v. Mankletow, Dears. C. C. 162.

3 R. v. Timmins, Bell, 276.

1

(3.) 1 A, a lady, persuades B, a girl under sixteen, to leave her father's house, and come to A's house for a short time, for the purpose of going to the play with her. A has not abducted B.

(4.) 2 A, a girl, under sixteen, asks B, by whom she had been seduced, to elope with her, which he does. B commits abduction.

(5.) A induces B to permit his daughter C to go away by falsely pretending that he (A) will find a place for C. A abducts C.

(6.) A takes B, a girl under sixteen, out of her father's possession, believing her upon good grounds to be eighteen. A has abducted B.

(7.) 5 A meets B, a girl under sixteen, in the street, gets her to stay with him some hours, during which interval he seduces her, takes her back to the place where he found her, and there leaves her. She returns home. A was not aware at the time that B had a father or mother living. A has not abducted B.

6

ARTICLE 263.

STEALING CHILDREN UNDER FOURTEEN.

Every one is guilty of felony and is liable, upon conviction, to a maximum punishment of seven years penal servitude, who

(1.) unlawfully, either by force or fraud, leads, or takes away, or decoys or entices away, or detains any child under the age of fourteen years; or

(2.) receives or harbours any such child, knowing it to have been so dealt with,

with intent to deprive any parent or guardian, or other person having the lawful care or charge of such child, of the possession of it, or with intent to steal any article about or upon the person of such child.

Provided that this Article does not extend to any person who gets possession of any child, or takes any child out of the possession of any one who has lawful charge of it, if such person either claims a right to the possession of the child, or, (if it is an illegitimate child) is its mother or claims to be its father.

1 Founded on a dictum of Crompton, J., in R. v. Timmins.

2 R. v. Biswell, 2 Cox, C. C. 259; and see R. v. Robins, 1 C. & K. 456.

3 R. v. Hopkins, Car. & Mar. 254.

R. v. Prince, L. R. 2 C. C. R. 154.

5 R. v. Hibbert, L. R. 1 C. C. R. 144.

24 & 25 Vict. c. 100, s. 56, W.

CHAPTER XXXI.

OFFENCES AGAINST CHILDREN BY PARENTS AND OTHERS,

1

ARTICLE 264.

NEGLECTING TO PROVIDE FOOD, ETC., FOR CHILDREN.

1 Every one commits a misdemeanor who, being the parent or master, or mistress, of any child of tender years, and unable to provide for itself, refuses or neglects (being able to do so) to provide sufficient food, clothes, bedding, and other 2 necessaries for such child, so as thereby to injure the health of such child.

3

ARTICLE 265.

PARENTS NOT PROVIDING NECESSARIES FOR CHILDREN.

Every one commits a misdemeanor, and is liable upon summary conviction thereof before two justices to a maximum punishment of six months imprisonment with hard labour, who, being a parent, wilfully neglects to provide adequate food, clothing, medical aid, or lodging, for his child, being in his custody, under the age of fourteen years, whereby the health of such child is, or is likely to be seriously injured.

The justices may suspend the sentence until further notice if the offender enters into his own recognizances, with or without one or more sureties, as the justices may think fit, to come up for judgment when called upon.

1 Friend's Case, R. & R. 20; R. v. Ryland, L. R. 1 C. C. R. 99. It is necessary to prove actual injury to the child's health, R. v. Philpott, Dear. 179, and R. v. Hogan, 2 Den. 277, and that the defendant actually has, not merely that he might get from the relieving officer the means of providing for the child: R. v. Chandler, Dear. 453.

2 It is doubtful whether this includes medical attendance as regards any one but a parent who is under a statutory obligation to provide it. See Article 266; R. v. Dounes, 1 Q. B. D. (C. C. R.) 25.

331 & 32 Vict. c. 122, s. 37.