No. 233. 27 VICTORIA, to be married or carnally known by any other person, and 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, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. And whosoever shall be convicted of any offence against this section shall be incapable of taking any estate or interest legal or equitable in any real or personal property of such woman or in which she shall have any such interest or which shall come to her as such heiress coheiress or next of kin as aforesaid; and if any such marriage as aforesaid shall have taken place, such property shall upon such conviction be settled in such manner as the Supreme Court shall upon any information at the suit of the Attorney-General appoint. Forcible abduc- Abduction of girl Child stealing. 51. 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 shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. 52. 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(a) of her father or mother or of any other person having the lawful care or charge of her shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. (7.) Child-stealing. 53. Whosoever shall unlawfully either by force or fraud lead or take away or decoy or entice away or detain any child under the age of fourteen years, with intent to deprive any parent guardian or 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; and whosoever shall with any such intent receive or harbor any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained as in this section before mentioned, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. Provided that no person who shall persons claiming have claimed any right to the possession of such child, or shall be the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child or taking such child out of the possession of any person having the lawful charge thereof. Proviso as to right to possession of child. (a) A girl taken in the absence of her father will be presumed to have been taken against his will, if the father would have refused his consent had he been asked.-Reg. v. West, 5 A.J.R., 19. c. 100 s. 57. 54. Whosoever being married shall marry any other person Bigamy. during the life of the former husband or wife shall be guilty of 24 & 25 Vict. felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years. Provided that nothing in this section contained shall extend to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past and shall not have been known by such person to be living within that time; or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage; or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction. (9.) Attempts to procure Abortion. cure abortion. Ib. s. 58. 55. Every woman being with child who with intent to procure Attempt to proher 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 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, shall be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years. procuring any tion. 56. Whosoever shall unlawfully supply or procure any poison Supplying or or other noxious thing or any instrument or thing whatsoever, thing to be emknowing that the same is intended to be unlawfully used or ployed in aboremployed with intent to procure the miscarriage of any woman Ib. s. 59. whether she be or be not with child, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding three years. (10.) Concealing the Birth of a Child. Ib. s. 60. 57. If any woman shall be delivered of a child, every person Concealing birth who shall by any secret disposition of the dead body of the said of a child. child whether such child died before at or after its birth endeavor to conceal the birth thereof shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. (11.) Unnatural Offences. 58. Whosoever shall be convicted of the abominable crime Infamous crimes. of buggery committed either with any person under the age of Ib. 8. 61. fourteen years or with or upon any person with violence and without the consent of such person shall suffer death as a 27 VICTORIA, felon. (a) And whosoever shall be convicted of the said abominable No. 233. crime committed either with mankind or with any animal shall, in any case in which the offence shall not be punishable under the preceding part of this section, be guilty of felony; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years.() Attempt to com mit infamous crime. 24 & 25 Vict. c. 100 s. 62. Carnal knowledge defined. Ib. s. 63. Having or ma king gunpowder &c. with intent to commit any felony against this Part. Ib. s. 64. Interpretation of terms. 24 & 25 Vict. c. 96 s. 1. 59. Whosoever shall attempt to commit either with mankind or with any animal the abominable crime of buggery, or shall be guilty of any assault with intent to commit the same or of any indecent assault(e) upon any male person, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years. (d) 60. Whenever upon the trial for any offence punishable under this Part of this Act it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge; but the carnal knowledge shall be deemed complete upon proof of penetration only. (12.) Making Gunpowder, &c., for committing Offences. 61. Whosoever shall knowingly have in his possession or make or manufacture any gunpowder explosive substance or any dangerous or noxious thing or any machine engine instrument or thing, with intent by means thereof to commit or for the purpose of enabling any other person to commit any of the felonies in this Part of this Act mentioned, shall be guilty of a misdemeanor; and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years. PART II. LARCENY AND SIMILAR OFFENCES. 62. In the interpretation of this Part of this ActThe term "document of title to goods" shall include any bill of lading India warrant dock warrant warehousekeepers' certificate warrant or order for the delivery or transfer of any goods or valuable thing bought and sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods or authorising or purporting to authorise either by endorsement or by delivery the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to. (a) This section provides for two different classes of offences, and a person charged with an offence against the first part only cannot be found guilty under the second part.-Reg. v. O'Connor, 1 A.J.R., 118. (b) The provisions of section 296 of this Statute are extended to convictions under the second part of this section by 35 Vict. No. 399 8. 28, "Criminal Law and Practice (Amendment 1871)," post. (c) Under this section a person cannot be convicted of an indecent assault where the person assaulted has consented. Reg. v. Howles, A.R., 27 March 1868. (d) The provisions of section 296 of this Statute are extended to convictions under this section by 35 Vict. No. 399 s. 28, "Criminal Law and Practice (Amendment 1871)," post. No. 233. The term "document of title to lands" shall include any 27 VICTORIA, The term "valuable security" shall include any order The term "cattle" shall include any horse mare gelding colt For the purposes of this Part of this Act the night shall be "Night" defined. of each day, and to conclude at six of the clock in the (1.) Larceny in General. 24 & 25 Vict. 63. Every larceny whatever be the value of the property stolen all larcenies of shall be deemed to be of the same nature and shall be subject to the the same nature. same incidents in all respects as grand larceny was before the first c. 96 s. 2. day of April in the year of our Lord One thousand eight hundred and twenty-eight. larceny. 64. Whosoever being a bailee of any property shall fraudulently Bailees guilty of take or convert the same to his own use or the use of any person 3. other than the owner thereof, although he shall not break bulk or otherwise determine the bailment, shall be guilty of larceny. Ib. s. 4. 65. Whosoever shall be convicted of simple larceny or of any Punishment of felony hereby made punishable like simple larceny shall (except in larceny. cases otherwise provided for) be liable at the discretion of the court to be imprisoned for any term not exceeding five years. diction in larceny 66. Where any person shall be charged before any justices Summary jurisassembled in petty sessions with having committed or having up to age of attempted to commit or with having been an aider abettor counsellor sixteen. No. 233. 18 & 19 Vict. c. 126 s. 1. less. such cases. 27 VICTORIA, or procurer in the commission of any offence which now is or hereafter shall or may be by law deemed or declared to be simple larceny or punishable as simple larceny, if the age of such person at the period of the commission or attempted commission of such offence shall not in the opinion of such justices have exceeded the age of sixteen years, or where any person shall be charged before any justices so assembled as aforesaid with having committed simple Same in larceny larceny, and the value of the whole of the property alleged to have of two pounds or been stolen does not in the judgment of such justices exceed the sum of two pounds, or with having attempted to commit larceny from the person or simple larceny, it shall be lawful for such justices to hear and determine every such charge in a summary way; and if the person charged shall confess the same, or if such justices after hearing the whole case for the prosecution and for the defence shall find the charge to be proved, then it shall be lawful for such Punishment in justices to convict the person charged and commit him to gaol there to be imprisoned for any period not exceeding three calendar months; or in such cases aforesaid where the offender's age in the opinion of the justices shall not as aforesaid have exceeded the age of sixteen years, either in their discretion so to commit him or adjudge him to forfeit and pay any sum not exceeding three pounds : and if they find the offence not proved, they shall dismiss the charge upon the party charged finding surety or sureties for his future good behavior or without such sureties; and make out and deliver to the person charged a certificate under their hands stating the fact of such dismissal; and every such certificate may be in the form in Second Schedule. the Second Schedule or to the like effect. Provided always that if Option as to trial the person charged do not consent, or where the age of the accused shall not in the opinion of the justices have as aforesaid exceeded sixteen years he shall not consent or his parent or guardian shall being present object to have the case heard and determined by such justices, or if such justices be of opinion that the charge is from any circumstance fit to be made the subject of prosecution by information as for an indictable offence rather than to be disposed of summarily, such justices shall instead of summarily adjudicating thereon deal with the case in all respects as if they had no authority finally to hear and determine the same. Provided also that if upon the hearing of the charge such justices shall be of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, they shall have power to dismiss the person charged without proceeding to a conviction upon his finding surety or sureties for his future good behavior or without such sureties; and every conviction and certificate to be made or given as aforesaid shall contain a statement that the offender consented, and in cases in which the parent or guardian is hereunder entitled to object that the parent or guardian if present did not object, to the charge being decided summarily. by jury. 67. Where the justices before whom any person is charged as aforesaid propose to dispose of the case summarily under the foregoing provisions, one of such justices, after the examination of all the witnesses for the prosecution have been completed and before calling upon the person charged for any statement which he may wish to make, shall state to such person the substance of the charge |