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had been granted. By "The Prevention of Crimes Act, 1871," 34 34 & 35 Vict, & 35 Vict. c. 112, the licence held by a convict may be forfeited in c. 112. two cases, by justices;-under sect. 3, when the convict is getting his livelihood by dishonest means; under sect. 5, when he does not report himself to the police (see tit. "Convicts," Offences 2, 4, pp. 370–372 of Vol. I.). By "The Penal Servitude Act, 1864,"

27 & 28 Vict. c. 47, s. 9, where the licence is forfeited, the convict, 27 & 28 Vict. after undergoing any other punishment to which he is sentenced c. 47, s. 9. for the offence in consequence of which his licence is forfeited, is to further undergo a term of penal servitude equal to the unexpired term at the time of his licence being granted, and may be removed

sub-s. 4.

by the warrant of any justice to a convict prison. But by 34 & 35 34 & 35 Vict. Vict. c. 112, s. 17, sub-s. 4, "where any offence against this act c. 112, s. 17, "involves the forfeiture of a licence granted under the Penal "Servitude Acts [i. e. under sects. 3, 5, supra], the court [of sum"mary jurisdiction] by whom the offender is convicted may commit “him to any prison within its jurisdiction, there to remain until he "can conveniently be removed to some prison in which convicts "under sentence of penal servitude may lawfully be confined, in "order that he may there undergo the term of penal servitude to "which he is liable under the said penal servitude acts or some of "them; and any person so committed may be kept to hard "labour."

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abolished.

33 & 34 Vict.

c. 23, ss. 1, 2.

By the 33 & 34 Vict. c. 23, "An Act to abolish Forfeitures for Forfeiture of "Treason and Felony, and to otherwise amend the law relating felon's goods "thereto " (passed 4th July, 1870), sect. 1,-" From and after the passing of this act no confession, verdict, inquest, conviction, or "judgment of or for any treason or felony or felo de se shall cause "any attainder or corruption of blood, or any forfeiture" ["for"feiture" being defined by sect. 6 as not to include any fine or penalty imposed on any convict by virtue of his sentence] "or "escheat, provided that nothing in this act shall affect the law of "forfeiture consequent upon outlawry." By sect. 2, a conviction for treason or felony is to be a disqualification for certain public offices, and forfeiture of pension, &c. By sect. 3, "It shall be Offender to be "lawful for any court by which judgment shall be pronounced or condemned in "recorded, upon the conviction of any person for treason or felony, "in addition to such sentence as may otherwise by law be passed, "to condemn such person to the payment of the whole or any part "of the costs or expenses incurred in and about the prosecution and conviction for the offence of which he shall be convicted, if "to such court it shall seem fit so to do;--and the payment of such "costs and expenses, or any part thereof, may be ordered by the "court to be made out of any moneys taken from such person on his "apprehension, or may be enforced at the instance of any person "liable to pay, or who may have paid the same, in such and the

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costs.

Sect. 3.

33 & 34 Vict. c. 23, s. 3.

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same manner (subject to the provisions of this act) as the pay"ment of any costs ordered to be paid by the judgment or order of any court of competent jurisdiction in any civil action or proceeding may for the time being be enforced :-Provided, that in "the meantime and until the recovery of such costs and expenses "from the person so convicted as aforesaid, or from his estate, the 66 same shall be paid and provided for in the same manner as if this "act had not passed;--and any money which may be recovered in respect thereof from the person so convicted, or from his estate, "shall be applicable to the reimbursement of any person or fund by "whom or out of which such costs and expenses may have been Compensation" paid or defrayed." By sect. 4, "it shall be lawful for any such "court as aforesaid, if it shall think fit, upon the application of any person aggrieved, and immediately after the conviction of any person for felony, to award any sum of money, not exceeding one hundred pounds, by way of satisfaction or compensation for "any loss of property suffered by the applicant through or by means "of the said felony,-and the amount awarded for such satisfaction "or compensation shall be deemed a judgment debt due to the person entitled to receive the same from the person so convicted, "—and the order for payment of such amount may be enforced in "such and the same manner as in the case of any costs ordered by "the court to be paid under the last preceding section of this act.” [The 33 & 34 Vict. c. 23, also contains provisions for realizing the estates of convicts, and the appointment of an interim curator by justices; the latter enactments being set out in Chap. II. of Part III. in this Volume, tit. "Convicts."]

to persons defrauded or injured by felony.

Sect. 4.

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"IF COSTS OF PROSECUTION ALLOWED."-See ante, p. 981. The word "No" signifies that no provision is made for the payment of these Costs, whether in attending the examining Magistrates or the Trial;-the word "Yes" (with the statute and section in the case of misdemeanors) means that the expenses, &c., attending the examining Magistrate as well as the Trial are allowed by the act named.

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OFFENCE.

ABANDONING A CHILD. See tit. "Cruelty," Offence 154.

ABDUCTION (Note 1).

Class of Offence and

Statute or Authorit

8. 53.

1. Where any woman of any age shall have any interest, F. 24 & 25 Vict. c. whether legal or equitable, present or future, absolute, conditional or contingent in any real or personal estate, -or shall be 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,-whosoever shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person.

2. Whosoever shall fraudulently allure, take away, or detain such woman, being under the age of twenty-one 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, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person.

3. Whosoever shall, by force, take away or detain against her will any woman, of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person.

4. Whosoever shall unlawfully take or cause 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. [See Note 2 for decisions.]

ABETTORS.

F. Id.

F. Id. s. 54.

M. Id. s. 55.

s. 8.

5. In Misdemeanors.] Whosoever shall aid, abet, counsel or M. 24 & 25 Vict. c. 94, procure the commission of any misdemeanor, whether the same be a misdemeanor at common law or by virtue of any act passed or to be passed.

[See also the column "Punishment" on opposite page.]

ABORTION.

8. 58.

6. Every woman, being with child, who, with intent to pro- F. 24 & 25 Vict. c. 100, oure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing,-or shall unlawfully use any instrument or other means whatsoever with the like intent,

And

7. Whosoever, 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.

Vict. c. 100, s. 66, "any constable or peace officer may take into custody, without a

1 ABDUCTION:" Apprehension of certain Offenders without Warrant.] By 24 & 25

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No. 1, Assizes (5 & 6 Vict. Discretionary. Pen. serv. 14-5 yrs. ;|

P. 514.

c. 38, s. 1, ante, p. 973).

-or impr. not exc. 2
yrs., with or without
h. 1. (s. 53).

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If Costs of Prosecution allowed.

Yes.

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be incapable of taking

any of her property (s.

53).]

The same (s. 53).
[MEM. On conviction, if
a marriage has taken
place, property to be
settled as Court of Chan-
cery appoints.]

Yes.

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with or without h. 1. (s. 77, and

[See further, tit. "Child

Stealing."]

As principal. As the principal of

c. 55, s. 2,

fender (s. 8).
[See also 24 & 25 Vict.
c. 96, s. 98;-24 & 25
Vict. c. 97, 8. 56;-
24 & 25 Vict. c. 98,
8. 49;-24 & 25 Vict. c.
99, s. 35;-24 & 25
Vict. c. 100, s. 67.]

No.6,7,8, Assizes (5 & 6 Vict. Discretionary. Pen. serv. life-5 yrs.

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ante, p. 984). As principal.

-or impr. not exc.
2 yrs., with or without
h. 1. and s. c. (s. 58).

*[See Reg. v. Wilson, 1
Dears & B. 127; 26
L. J. (N. S.) M. C.
18; Reg. v. Farrow,
28 Law T., N. S. 311.]

Yes.

warrant, any person whom he shall find lying or loitering in any highway, yard or ther place during the night, and whom he shall have good cause to suspect of having

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