vided the case would have death had en sued. son, or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or been murder if detainer of the party so offending, or of any of his accomplices, for any offence for which he or they may respectively be liable by law to be apprehended or detained, every such offender, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon: Provided always, that in case it shall appear, on the trial of any person indicted for any of the offences above specified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting or wounding as aforesaid, were committed under such circumstances, that if death had ensued therefrom, the same would not in law have amounted to the crime of murder, in every such case the person so indicted shall be acquitted of felony. Administering poison or using any means to procure the miscarriage of a woman quick with child. Felony. The like as to a woman not quick with child. A woman se creting the dead body of her child, to conceal the fact of its birth, guilty XIII. And be it enacted, That if any person, with intent to procure the miscarriage of any woman then being quick with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any poison or other noxious thing, or shall use any instrument or other means whatever with the like intent, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall suffer death as a felon; and if any person, with intent to procure the miscarriage of any woman not being, or not being proved to be, then quick with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any medicine or other thing, or shall use any instrument or other means whatever with the like intent, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be 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 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. XIV. And be it enacted, that if any woman shall be delivered of a child, and shall, by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable of misdemeanor. 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 murder of her acquitted thereof, it shall be lawful for the jury, by whose verdict she shall be acquitted, to find, in case it shall so Proviso if woman tried for child. 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. XV. And be it enacted, that every person convicted of Sodomy. the abominable crime of buggery, committed either with mankind or with any animal, shall suffer death as a felon. XVI. And be it enacted, that every person convicted of Rape. the crime of rape, shall suffer death as a felon. above ten and XVII. And be it enacted, that if any person shall unlaw- Carnal knowfully and carnally know and abuse any girl under the age of ledge of a girl ten years, every such offender shall be guilty of felony, and under ten, the being convicted thereof, shall suffer death as a felon; and if like of a girl any person shall unlawfully and carnally know and abuse any below twelve. 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. four preceding woman on ac XVIII. And whereas upon trials for the crimes of buggery What shall be and of rape, and of carnally abusing girls under the respective sufficient proof ages hereinbefore mentioned, offenders frequently escape by of carnal knowreason of the difficulty of the proof which has been required ledge in the of the completion of those several crimes; for remedy thereof cases. 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. XIX. And be it enacted, that where any woman shall Forcible abhave any interest, whether legal or equitable, present or duction of a 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 intent to marry motives of lucre, take away or detain such woman against her, &c. her will, with intent to marry or defile her, or to 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. count of her fortune, with duction of a XX. And be it enacted, that if any person shall unlaw- Unlawful abfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and girl from her against the will of her father or mother, or of any other dians. person having the lawful care or charge of her, every such parents or guar Child stealing. Not to extend to fathers taking their illegitimate children. Bigamy. Place of trial. Exceptions. 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. XXI. And be it enacted, 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. XXII. And be it enacted, that if any person being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such of fender, 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 any such offence may be dealt with, enquired of, tried, determined, and punished in the county where the offender shall be apprehended or be in custody, as if the offence had been actually committed in that county: Provided always, that nothing herein contained shall extend to any second marriage contracted out of England by any other than a subject of his majesty, or 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. service. XXIII. And be it enacted, that if any person shall arrest Arresting a any clergyman upon any civil process, while he shall be clergyman performing divine service, or shall, with the knowledge of during divine such person, be going to perform the same, or returning from the performance thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall suffer such punishment, by fine or imprisonment, or by both, as the court shall award. their endeavours to save XXIV. And be it enacted, that if any person shall as- Punishment for sault and strike or wound any magistrate, officer, or other assaults on ofperson whatsoever lawfully authorized, on account of the ficers, &c. for exercise of his duty in or concerning the preservation of any vessel in distress, or of any vessel, goods, or effects shipwrecked wrecked, stranded, or cast on shore, or lying under water, property. every such offender, 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 such term as the court shall award. Assaults with intent to commit felony; assaults on peace officers; or to prevent the arrest of offendders; or in pur suance of a con XXV. And be it enacted, That where any person shall be charged with and convicted of any of the following offences as misdemeanors; that is to say, of any assault with intent to commit felony; of any assault upon any peace officer or revenue officer in the due execution of his duty, or upon any person acting in aid of such officer; of any assault upon any person with intent to resist or prevent the lawful apprehension or detainer of the party so assaulting, or of any other spiracy to raise wages; punishaperson, for any offence for which he or they may be liable by ble with hard law to be apprehended or detained; or of any assault com- labour. mitted in pursuance of any conspiracy to raise the rate of wages; in any such case the court may sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and may also (if it shall so think fit) fine the offender, and require him to find sureties for keeping the peace. XXVI. And be it enacted, That if any person unlawfully Assault on any and with force hinder any seaman, keelman, or caster from seaman, &c. to working at or exercising his lawful trade, business or occupaprevent him tion, or shall beat, wound, or use any other violence to him, assaults with infrom working; with intent to deter or hinder him from working at or exer- tent to obstruct cising the same; or if any person shall beat, wound, or use the buying or any other violence to any person, with intent to deter or selling of grain, hinder him from selling or buying any wheat or other grain, flour, meal, or malt, in any market or other place, or shall sage; punishabeat, wound, or use any other violence to any person hav- magistrates, with ing the care or charge of any wheat or other grain, flour, imprisonment pas ble before two not exceeding three months. Persons com mon assault or battery may be compelled by two magistrates to pay fine and costs, not exceeding 51. the fine. meal, or malt, whilst on its way to or from any city, markettown, or other place with intent to stop the conveyance of the same, every such offender may be convicted thereof before two justices of the peace, and imprisoned and kept to hard labour in the common gaol or house of correction, for any term not exceeding three calendar months: Provided always, that no person, who shall be punished for any such offence by virtue of this provision, shall be punished for the same offence by virtue of any other law whatsoever. XXVII. And whereas it is expedient that a summary mitting any com- power of punishing persons for common assaults and batteries should be provided under the limitations hereinafter mentioned; be it therefore enacted, that where any person shall unlawfully assault or beat any other person, it shall be lawful for two justices of the peace, upon complaint of the party aggrieved, to hear and determine such offence, and the offender, upon conviction thereof before them, shall forfeit and pay such fine as shall appear to them to be meet, not exceeding together with costs (if ordered), the sum of five pounds, which fine shall be paid to some one of the overseers of the poor, or to some other officer of the parish, township, or place in which the offence shall have been committed, to Application of be by such overseer or officer paid over to the use of the general rate of the county, riding or division in which such parish, township, or place shall be situate, whether the same shall or shall not contribute to such general rate; and the evidence of any inhabitant of the county, riding or division shall be admitted in proof of the offence, notwithstanding such application of the fine incurred thereby; and if such fine as shall be awarded by the said justices, together with the costs (if ordered), shall not be paid, either immediately after the conviction, or within such period as the said justices shall at the time of the conviction appoint, it shall be lawful Commitment on for them to commit the offender to the common gaol or house nonpayment. of correction, there to be imprisoned for any term not exceeding two calendar months, unless such fine and costs be sooner paid; but if the justices, upon the hearing of any such case of assault or battery, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred. If the magis. trates dismiss the complaint, they shall make out a certificate to that effect. Such certificate or conviction shall be a bar to any other proceedings. XXVIII. And be enacted, That if any person against whom any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as aforesaid, or having been convicted shall have paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment awarded for |