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it be therein alleged that the party has been convicted, and 10 G. 4, c. 34. there be a good and valid conviction to sustain the same.

2&3 Will. 4, c. 108, (a) s. 11.-That if any person shall assault, Penalty on or resist any constable appointed by virtue of this act, whilst in assaulting &c. the execution of his office, or shall promote or encourage any on duty. a constable other person so to do; every such person shall, on conviction thereof, before two justices of the peace, forfeit and pay for such offence, any sum not exceeding twenty pounds; or shall be liable to sach other punishment, upon conviction on any indictment or information for such offence, as any persons are by law liable to, for assaulting any constable in the execution of the duties of his office.

15, (pars.) That every penalty and forfeiture for any offence Disposal of against this act shall be paid to such hospital, infirmary, or other penalties. charitable institution situate within the limits of the jurisdiction

of the convicting justices, as such convicting justices may direct;

and no person shall, by reason of the application of any such pe- Not to affect nalty or forfeiture as aforesaid, be deemed an incompetent wit- competency ness, in proof of any offence against this act.

of witnesses.

Assaulting

road acts,

goods dis

trained &c.

3 & 4 Will. 4, c. 78,(b) s. 81.-That in case any person or persons shall resist or make forcible opposition to any person persons in or persons employed in the execution of this act, or shall execution of assault any surveyor or deputy surveyor, collector, super rescuing visor, overseer, contractor, or peace officer, in the execution of this or any other act for the making or repairing of high roads ; or shall make or attempt to make any rescue of goods distrained or seized by virtue of this or any other such act; or if any constable or sub-constable shall refuse or neglect to execute any warrant granted by any justice of the peace pursuant to any power by this act created; every such person offending therein, and being convicted thereof before any two justices of the peace at petty sessions, by the oath of one credible witness, shall for every such offence forfeit any sum not exceeding ten pounds, nor less than forty shillings, at the discretion of such justices; and in case the same shall not be paid, such justices are hereby empowered and required to commit such offender to any gaol, bridewell, or house of correction, for any time not exceeding three months, or until the said forfeiture shall be paid.

(a) Entitled, "An act for amending the laws in Ireland relative to the appointment of special constables, and for the better preservation of the peace."

(b) Entitled, " An act to amend the laws relating to grand juries in Ireland."

Forcible abduction of women.

Abduction of

girl under 18 years of age.

SECTION 4.

Abduction.

10 Geo. 4, c. 34, s. 22.-That if any person shall by force take or carry away any woman or girl against her consent, with intent that such person or any other person shall marry or defile her; every such offender, and every accessary before the fact to such offences, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon; and every accessary, after the fact to such offence shall be guilty of felony, and being couvicted thereof, shall be liable 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, for any term not exceeding three years.

23. That when any unmarried girl under the age of eighteen an unmarried years shall have any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or shall be an heiress presumptive or next of kin to any one having such interest; if any person shall fraudulently allure, take, or convey away, or cause to be allured, taken, or conveyed away, such girl 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, and shall contract matrimony with her, or shall defile her; every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to such imprisonment, not exceeding the term of three years, as the court shall award; and shall be incapable of taking any estate or interest, legal or equitable, in any real or personal property of such girl; and such property shall, upon such conviction, be vested, from the time of such marriage, in sucă trustees as the lord chancellor, lord keeper, or commissioners for the custody of the great seal in Ireland shall appoint, for the sole and separate use of such girl, in the like manner as if such mar riage had not taken place.

an unmarried girl under sixteen.

of

24. That if any person shall unlawfully take, or cause to he Abduction of taken, any unmarried girl under the age of sixteen years, out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her; every such offender shall be guilty of a misdemeanor, and being covicted thereof, shall be liable to suffer such punishment, by fue or imprisonment, or by both, as the court shall award.

Child steal. ing.

25. That if any person shall maliciously, either by force or fraud, lead or take away, or decoy or entice away, or detai any child under the age of ten years, with intent to deprive the parent or parents, or any other person having the lawful care o charge of such child, of the possession of such child, or wit intent to steal any article upon or about the person of such chi'd, to whomsoever such article may belong; or if any person shal

with any such intent as aforesaid, receive or harbour any such 10 G. 4, C. 24. child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained as herein before 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 chi! 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.

[Accessaries, p. 93.]

Not to extend to fathers of illegitimate children.

SECTION 5.

Sodomy.

10 Geo. 4, c. 34, s. 18.-That every person convicted of the Sodomy. abominable crime of buggery, committed either with mankind or with any animal, shall suffer death as a felon. [Accessaries, p. 93. Admiralty offences, ibid.]

SECTION 6.
Rape.

10 Geo. 4, c. 34, s. 19.-That every person convicted of the Rape. crime of rape, shall suffer death as a felon.

Carnal knowledge of a girl death:

under 10;

above 10, and

20. That if any person shall unlawfully and carnally know and abuse any girl under the age of ten years, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon; and if any person shall unlawfully and carnally know and abuse any girl, being above the age of under 12; a ten years and under the age of twelve years, every such offender nor. shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for such term as the

court shall award.

21. And whereas, upon trials for the crimes of buggery and rape, and of carnally abusing girls under the respective ages

K

misdemea

What shall proof of car

be sufficient

10 G. 4, c. 34. herein before mentioned, offenders frequently escape by reason of the difficulty of the proof which has been required of the completion of these several crimes; for remedy thereof, be it enacted, that it shall not be necessary in any of those cases to prove the actual emission of seed, in order to constitute a carnal knowledge; but that the carnal knowledge shall be deemed complete, upon proof of penetration only. Admiralty offences, ibid.]

nal knowledge in the four preced ing cases.

[Accessaries, p. 93.

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son.

25 Edw. 3, stat. 5, c. 2, Eng.—Item, whereas divers opinions What shall be have been before this time, in what case treason shall be said, deemed treaand in what not: (2) The king, at the request of the lords and of the commons, hath made a declaration in the manner as hereafter followeth; that is to say, when a man doth compass or imagine the death of our lord the king,(a) or of our lady his queen, or of their eldest son and heir: (3) or if a man do violate the king's companion, or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir: (4) or if a man do levy war against our lord the king in his realm, (b) or

(a) "Letters of advice and correspondence of intelligence to the enemy, to enable them to annoy this country, or defend themselves, written and sent in order to be delivered to the enemy, are, though intercepted in their progress, overt acts of treason in compassing the death of the king, and adhering to his enemies. It is true that, in the present case, the letters given in evidence had never reached their intended destination, but were stopped in the post office. But that does not alter the case; for, were it otherwise, no traitor could at any time be indicted, however mischievous the treason, unless the letters written by him, or attempted to be transmitted by him, had gone to, and been received by the person for whom they were intended; in which case the traitor could never be laid hold of, until at least after the mischief was done." Per Lord CLONMEL, C. J. (DOWNES and CHAMBERLAIN, JJ. concurring) in Rex v. Jackson, K. B. Ire. E. T, 1795.

(b)" As applicable to Ireland, to levy war against the king's person, or conspiring to levy such war, or otherwise to depose the

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