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was under the lawful charge of the parent or other person. If the girl leaves her father, &c., without any inducement on the part of the defendant and then goes to him he is not within the statute; but a mere absence for a temporary purpose with intention of returning does not interrupt the possession of the father. In cases where a woman is abducted for the sake of her fortune, &c., if marriage has taken place, the Court of Chancery may deal with the property. The wife is a competent witness either for or against the prisoner. Punishment, two years' imprisonment.
Seduction is not a criminal offence, but a father can sue by civil action for damages sustained for the loss of his daughter's services.
Abortion, Attempt to procure, dc.—Every woman being with child, who, with intent to procure 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 whosoever with the 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. Punishment, penal servitude for life, or imprisonment for two years—not triable at sessions.
Whosoever shall unlawfully supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, shall be guilty of a Misdemeanor. Punishment, five years' penal servitude, or two years' imprisonment (24 & 25 Vict. c. 100, ss. 58 and 59).
Three classes of persons may be guilty of crime under this heading :
1. Any woman being with child who with intent to procure miscarriage administers to herself any poison or noxious thing, &c., or uses any instrument, &c.; or,
2. Any person doing the same with a like intent, whether the woman be with child or not, shall be guilty of Felony.
3. Any person supplying or procuring any drugs or instruments with intent to procure the miscarriage of any woman shall be guilty of a misdemeanor.
There is no administering unless the poison is taken into the stomach. The nature of the poison or noxious thing must be proved, as if it be of a harmless character there is no offence. The statute is satisfied if the person who supplies the drug, &c., intends it to be used for the purpose of procuring a miscarriage, though it may not be so used.
See also 24 & 25 Vict. c. 100, ss. 58-9 (EPITOME OF STATUTES), post.
Accessories. Those who are implicated in the commission of crimes are either principals or accessories. The distinction of principals and accessories is found only in the case of felonies.
An accessory is he who is not the chief actor in the offence, nor present at its performance, but in some way concerned therein either before or after the fact committed. An accessory before the fact is one who being absent at the time when the felony is committed, yet procures, counsels, commands, or abets another to commit a felony. An accessory after the fact is one who knowing a felony to have been committed by another, receives, relieves, comforts, or assists the felon.
Accessories before the fact can be punished as principals. The provisions regarding prosecution, trial, and punishment of accessories are contained in the Criminal Law Consolidation Act, relating to accessories and abettors (24 & 25 Vict. c. 94). See EPITOME OF STATUTES, post.
A wife succouring her husband is not punishable as an accessory after the fact, but the husband cannot assist the wife, nor will merely suffering a principal to escape make the party an accessory after the fact (a); some actual assistance must be given.
Abettors in misdemeanors. In misdemeanors there can be no accessories, aiders and abettors, these being considered as principal offenders; neither can there be accessories in treasons.
It may be well here to consider the culpability of various persons implicated in the commission of a crime.
Principals.- A principal in the first degree is the actual perpetrator of the crime. Actual presence is not necessary. A constructive presence is in some cases sufficient, as where one commits a robbery or murder and another keeps watch or guard at a convenient distance. Also in other cases a party may be liable as a principal and be absent, as he that puts poison into anything to poison another and leaves it.
A principal in the second degree is he who is present aiding and assisting with a felonious intent to commit a felony, as in the case of stealing in a shop. If several are acting in concert, some in the shop and some out, and the property is stolen by one of those in the shop, those who are on the outside are equally guilty as principals of the offence of stealing in the shop. The offender must also be aiding, assisting, and abetting to constitute him a principal in the second degree-mere presence is not enough.
Aiders, accomplices, &c.—Principals in the second degree are frequently termed aiders and abettors, sometimes also accomplices.
As to evidence of accomplices, see title EVIDENCE, post.
Accidents and First Aid to the Injured. See APPENDIX, post.
(a) R. v. Chapple, 9 Carrington and Payne, 355.
Adulteration. See title FOOD AND DRUGS, post; also title LICENSING Aots, as to adulteration of liquor.
Adulteration of seeds.—Under 32 & 33 Vict. c. 112, persons are liable to penalties for killing or dyeing seeds, or selling the same with intent to defraud.
Agricultural Gangs. The Act 30 & 81 Vict. c. 180, regulates the employment by gang masters of children, young persons, and women in agricultural gangs. Gang masters must be licensed. The license is in force for six months.
No child under the age of eight years shall be employed in an agricultural gang. Females shall not be employed in the same gang as males. When females are employed a female must be licensed to act as gang master. The police should report any infringement of the Act. They are not entitled to demand the production of license, &c.
Apprentices. Any master or mistress who neglects to provide (being liable to do so) for any apprentice or servant necessary food, clothing, &c., or does or causes to be done any bodily harm to such apprentice or servant so that his or her health is permanently injured or life endangered, is guilty of a misdemeanor, and is liable to five years' penal servitude. See 24 & 25 Vict. c. 100, s. 26 (EPITOME OF STATUTES), post. See also title MASTER AND SERVANT, post.
By 38 & 99 Vict. c. 86, s. 6, masters are liable to fine (recoverable under the Summary Jurisdiction Act, 1848) or imprisonment for six months for neglecting to provide for apprentice food, clothing, medical aid, or lodgings, whereby the health of the apprentice is or is likely to be seriously or permanently injured.
A master may give an apprentice moderate personal correction for misbehaviour.
Army Act. A general statute for the discipline and regulation of the army was passed in 1881, and was a great improvement on the practice of repeating every year a separate Act. It was intended that the Act (44 & 45 Vict. c. 58) when once passed should stand as a model or principal Act, and that the legislature should during each succeeding year pass an Army Annual Act (a) incorporating and continuing the principal Act, adding such corrections and alterations as were necessary. The Act of 1881 contains 193 sections. The provisions which principally concern the police are those which relate to billeting and provide for the apprehension, &c., of deserters. The Act also contains provisions relative to the attestation of recruits by justices (section 80), and the maintenance by a soldier of his wife and children, or any bastard child of which he may be proved to be the father (section 145). Section 174 relates to canteens, which are exempted from the provisions of the ordinary statutory law in several respects.
It is an offence for any person to buy or receive from a soldier any military clothing, equipment, or decoration. Regarding offences committed by soldiers, see title SOLDIERS, post.
The Army (Annual) Act, 1883, continues the provisions of the Army Act, 1881. Section 5 of Act amends section 80 of the Act of 1881 regarding attestation of recruits, and requires justices attesting recruits to draw up two separate attestation papers when the regulations so require. Section 7 amends section 145 of the Army Act, 1881, as regards the liability of a soldier to maintain his wife and child or his bastard child.
(a) The necessity of passing an annual Act arises from the circumstances that the votes must be passed each year for maintaining the army of the year.