sent or non-consent of the child, which was therefore considered gy, by 18 Eliz. as immaterial. The statute enacted that if any person should c. 7. now reunlawfully and carnally know and abuse any woman child under pealed. the age of ten years, every such unlawful and carnal knowledge should be felony; and the offender, thereof being duly convicted, should suffer as a felon without allowance of clergy. It appears at one time to have been thought, that the carnal know- The carnal ledge of a child above the age of ten and under twelve years was knowledge of rape, though she consented; twelve years being the age of con- a child above sent in a female, and the statute Westm. I. c. 13., which enacted, ten and under 'that none do ravish any maiden within age, neither by her own twelve years consent nor without," being admitted to refer, by the words old made a "within age," to the age of twelve years. (n) It was, however, misdemeanor afterwards well established, that if the child was above ten years Westminster, old it was not a felonious rape, unless it was against her will and consent. (r) But children above that age, and under twelve were still within the protection of the stat. of Westm. I. c. 13., the law with respect to the carnal knowledge of such children not having been altered by either of the subsequent statutes of Westm. 2. c. 34. or 18 Eliz. c. 7. (s) The statute Westm. I. c. 13. made the deflowering a child above ten years old and under twelve, though with her own consent, a misdemeanor punishaable by two year's imprisonment and fine at the king's pleasure." (t) by stat. of I. c. 13. now repealed. These statutes having been repealed by 9 G. 4. c. 31. the 17th sec- 9 G. 4. c. 31. the common gaol or house of correction for such term as the 565, line 8 at the end add "These observations will apply to the present enact ment." 567, line 7 and also in the margin insert" 25 H. 8." instead of" 27 H. 8." 31, s. 15. repeal this act but enacts that every person convicted note (b) line 13 instead of" is revived', read "was revived" and lines 570, line 3, dele the whole of the paragraph beginning" The forcible abduc- (g) 1 Hale 631. 2 Inst. 180. 3 Inst. 60. (r) Sum. 112. 4 Blac. Com. 212. I East.P. C. c. 10. s. 2. p. 436. 2 (s) Ante 556. (t) 4 Blac. Com. 212. 1 East. P. C. c. 10. s. 9. p. 436 Forcible abduction, of a woman on account of her fortune with intent to marry her, &c. Of the county in which the offence shall be said to have been committed. Necessary statement in the indictment. to be transported beyond the seas for life, or for any term not 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 four years." 570, line 6, instead of "The statute 3 Hen. 7." insert" The repealed statute 3 H. 7." in the margin opposite line 6, erase "makes the forcible taking away of substance a felony." line 26, dele the paragraph, beginning "Clergy was taken away," and insert " Clergy was taken away from persons found guilty of offences against this statute by the 39 Eliz. c. 9., but a later statute 1 Geo. 4. c. 115. repealed this enactment of 39 Eliz. c. 9., and made the offence punishable by transportation or imprisonment. This statute 1 G. 4. c. 115. is repealed by 9 G. 4. c. 31. Some of the points decided upon the repealed statutes may still be worthy of observation. " 571, line 26, dele, the sentence beginning with the words "The taking alone" and also the following sentence add the words "And a marriage will be sufficient," and insert "The taking alone did not constitute the offence under the repealed statute and it was necessary that the woman taken away should have been married or defiled by the misdoer, or by some others with his consent. But the new enactment makes the taking away or detaining a woman with intent to marry or defile her a complete offence. And under the repealed statute it was decided that if the woman were under force at the time of taking, it was not at all material whether she were ultimately married or defiled with her her own consent or not; on the ground that an offender should not be considered as exempted from the provisions of the statute, by having prevailed over the weakness of a woman, whom he got into his power by such base means. And it was also decided that a marriage will be sufficient.". 572, dele the paragraph beginning If however a woman" to the bottom of the page, and also pages 573, 574, 575, 576, and 577, to the end of line 16, and insert“ Upon the same repealed statute where a woman was taken away forcibly in one county, and afterwards went voluntarily into another county, and was there married or defiled, with her own consent, it was holden that the fact was not indictable in either county; on the ground that the offence was not complete in either: but that if, by her being carried into the second county, or in any other manner, there was a continuing force in that county, the offender might be indicted there; though the marriage or defilement ultimately took place with the woman's own consent. (j) The enactment of the late statute 7 G. 4. c. 64. s. 12. would have applied to this objection. "It was resolved, that an indictment for this offence upon the repealed statute ought expressly to set forth that the woman taken away had lands or goods, or was heir apparent, and that the taking was against her will; and that it was for lucre; and also that she was married or defiled; such statement being necessary to bring a case within the preamble of that statute, to which the enacting clause clearly referred in speaking of persons taking away a woman" so against her will "(4) But it was said not to have been necessary to state in the indictment, the taking was with an intention to marry or defile the party, because the words of the statute did not require such an intention, nor did the want of it any way lessen the injury. (m) In an indictment where the (j) Talwood's case Cro. Car. 485, 488. 1 Hale 660. 1 Hawk. P. C. c. 41. s. 9. 1 East. P. C. c. 11. s. 3. p. 455. Rex v. Lockhart and Loudon Gordon, Cor. Lawrence J. Oxford Lent ass. 1804. (1) 1 Hawk. P. C. c. 41. s. 4. 1 Hale 460. 4 Blac. Com. 2. 12. Co. 21, 100. (m) Rex v. Fulwood, Cro. Car. 488. ante 570.571. It is said, however in 1 Hale 660. that the words ed intentione ad recent enactment of 9 G. 4. c. 31. the allegation as to the intent It appears to have been considered as clear that a woman taken age Of the evi dence of the woman when taken away and married. girl from her parents or guardians. "The unlawful abduction of a girl under the age of sixteen from 9 G. 4. c. 31. "The provisions of the repealed statute, 4 & 5 Ph. & M. c. 8. and 583, line 16 from the bottom, dele "It enacts that in case any master of a Repealed statate of 4 & 5 Ph. & M. c. 8. merchant ship," and to the end of the page, and insert, "But it 9 G. 4. c. 31. ipsam maritandam were usually added in indictments upon this statute and that it was safest so to do. (n) Fulwood's case Cro. Car. 488. Brown's case 1 Ventr. 243. Swendsen's case, 5 St. Tri. 456. (o) 1 Hale 660, 961, 4 Blac. Com. 209. (p) 1 Hale 161, where the author observes, upon Brown's case (ante n. (n) ) that some of the reasons why the woman was sworn and gave evidence were, that there was no cohabitation, and that there was concuring evidence to prove the whole fact: but that if she had freely and without constraint, lived with the person who married her for any considerable (q) 4 Blac. Com: 209. (r) 1 East, P. C. c. 11. s. 5. p. 454. of a merchant vessel forcing his seaman on shore, or refusing to bring him home. Mode of trial, &c. 9 G. 4. c. 31. Child stealing Not to extend to fathers taking their illegitimate children. 9 G. 4. c. 31. s. 11. Attempts to murder, when evidenced by 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." 583, in the margin, even with line 18, erase "11 & 12 W. 3. c. 7. s. 18." and insert "9 Geo. 4. c. 31. s. 30." and at the end of the marginal note erase, "liable to three months imprisonment," and insert guilty of a misdemeanor." 584, dele the whole of the section, and insert "The statute 54 Geo. 3. c. 101. is repealed by the 9 Geo. 4. c. 31. the twenty-first section of which enacts, "that if any person shall maliciously, either by force or fraud, lead or take away, or decoy or entice away, or detain, any child under the age of ten years, with intent to deprive the parent or parents, or any 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; or if any person shall, with any such intent as aforesaid, receive or harbour any such child, knowing the same to have been, by force or fraud, led, taken, decoyed, enticed away, or detained as hereinbefore mentioned; every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and if a male, to be once, twice, or thrice publicly or privately whipped, (if the Court shall so think fit,) in addition to such imprisonment: provided always, that no person who shall have claimed to be the father of an illegitimate child, or to have any right to the possession of such child, shall be liable to be prosecuted by virtue hereof, on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof." "" were 586, line 7 from the bottom, dele" have been made," to the end of the page, 9 Geo. 4. c. 31. "This recent statute, 9 Geo. 4. c. 31. contains several enactments upon these subjects. The eleventh section enacts, "that if any person unlawfully and maliciously shall administer or attempt to administer to any person, or shall cause to be taken by any person, any poison or other destructive thing, or shall unlaw 66 fully and maliciously attempt to drown, suffocate, or strangle certain acts, ting, or wounding any person, with intent to maim, &c. The 12th section enacts, "that if any person unlawfully and ma- S. 12. Shoot- "The repealed statute 43 Geo. 3. c. 58. contained the following 596, line 8, dele the words "This statute 43 Geo. 3. c. 58." and to the end of 612, line 8, dele to the end of the page, and also 16 lines of the next page. shall be capital, provided the case would have been murder if death had ensued. tent to steal. 9 lines at the top of page 617, and insert, "Amongst the principal Assault with Assaults with intent to commit robbery, with menaces or force. "The repealed statute 4 Geo 4. c. 54. enacted, "That if any person Repealed sta- such other person, or should by menaces, or by force, maliciously 54. B |