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 any term not exceeding two years.

And it shall not be necessary to prove whether the child died before, at, or after its birth.

Provided always, that if any woman tried for the murder of her child shall be acquitted thereof, it shall be lawful for the jury by whose verdict she shall be acquitted to find, in case it shall so appear in evidence, that she was delivered of a child, and that she did by secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the court may pass such sentence as if she had been convicted upon an indictment for the concealment of the birth.

7. Sodomy.

By 9 Geo. IV. c. 31, sect. 15, every person convicted of "the abominable crime of buggery, committed either with "mankind or with any animal," shall suffer death as a felon.

And by section 18, 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.

By sect. 31, accessaries before the fact to this offence are liable at the discretion of the court to be transported beyond the seas for any term not exceeding fourteen years nor 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 three years.

And by the same section, every accessary after the fact to this offence is liable to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years.

8. Rape.

Rape is when a man hath carnal knowledge of a woman by force and against her will.-2 Inst. 180; 1 Hawk. c. 41, s. 1.

Rape was felony at common law until stat. Westm. 1, c. 13, and was again made so by stat. Westm. 2, c. 34.-1 Hale, 562.

By 9 Geo. IV. c. 31, sect. 16, every person convicted of "the crime of rape" shall suffer death as a felon.

The provisions of section 18 (vide p. 152,) applies to this offence also.

And also the provisions of sect. 31, as to accessaries before and after the fact, vide p. 152.

An infant under fourteen is presumed by law incapable of committing rape.-1 Hale, 630.

Nor can he be convicted of an assault with intent to commit rape.-3 C. & P. 397.

But in rape he may be a principal in the second degree, as aiding and assisting.-1 Hale, 630.

A husband may be convicted as principal, in the second degree, or accessary, in a rape on his wife committed by another.-Ibid. 629.

The party ravished may be a witness in all cases, even against her husband.--Ibid.

On giving her evidence, she is not compellable to answer whether she has not had connection with other men besides the ravisher, or a particular man.-R. & R. C. C. 211; Starkie, 137.

Nor is the prisoner allowed to give evidence aliunde of such particular facts (not connected with the charge in question) to impeach her chastity.-Ibid; Stark. 1269.

But he may give evidence of her notoriously bad character for want of chastity or common decency, or that she had been connected with himself before the alleged rape.Ibid; Stark. 1269, 1270.

What the woman said so recently after the fact as to preclude the possibility of her being practised upon, is admissible evidence as part of the transaction, but the particulars of her complaint are not evidence of the truth of her statement.-1 East, P. C. 444.

9. Carnal Knowledge of Girls under Ten Years of Age.

By 9 Geo. IV. c. 31, s. 17, if any person shall "unlaw"fully 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.

The provision of sect. 18 (vide p. 152) applies to this offence also.

And also the provisions of sect. 31 as to accessaries before and after the fact, vide p. 152.

10. Carnal Knowledge of Girls above Ten and under Twelve Years of Age.

By 9 Geo. IV. c. 31, s. 17, if any person shall "unlaw"fully and carnally know and abuse any girl being above "the age of ten years and under the age of twelve years," every such offender 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.

The provisions of sect. 18 (vide p. 152) applies to this offence also.

And by sect. 31, every person who shall counsel, aid or abet the commission of this offence, is liable to be proceeded against and punished as a principal offender.

11. Forcible Abduction of Women of Property
or Heiresses.

By 9 Geo. IV. c. 31, s. 19, "where any woman 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 "from motives of lucre take away or detain such woman against her will, with intent to marry or defile her, or to

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"cause her to be married or defiled by any other person," 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 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.

And by sect. 31, every accessary, after the fact, to this offence, is liable to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years.

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12. Unlawful Abduction of Girls.

By 9 Geo. IV. c. 31, s. 20, "if any person 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

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person having the lawful care or charge of her," every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to suffer such punishment by fine or imprisonment, or by both, as the court shall award.

And by sect. 31, every person who shall counsel, aid or abet the commission of this offence, is liable to be proceeded against and punished as a principal offender.

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13. Child Stealing.

By 9 Geo. IV. c. 31, s. 21, "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.

And by sect. 31, every accessary, after the fact, to this offence, is liable to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years.

14. Kidnapping.

The forcible abduction or the stealing away of a man, woman or child from their own country, and sending them into another, is a misdemeanor at common law, punishable with fine and imprisonment.-4 Bl. Com. 219.

By 31 Car. II. c. 2, the sending any subject of this realm a prisoner into parts beyond the seas, is punishable with the pains of præmunire.

By 9 Geo. IV. c. 31, s. 30, " if any master of a merchant "vessel shall, during his being abroad, force any man on "shore, or wilfully leave him behind in any of his majesty's "colonies or elsewhere, or shall refuse to bring home with "him again all such of the men 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