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manner attempt to discharge any kind of loaded arms at any person (a), with intent in any of the above cases to maim, disfigure or disable, or to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detaining of any person,-shall be guilty of felony, and be liable to the same punishment as for an attempt to murder (6). And that even without either of such intents being proved, whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument, shall be guilty of a misdemeanor, and liable to penal servitude for five years, or imprisonment, with or without hard labour, not exceeding two years (c). Moreover (by sect. 28) whosoever shall unlawfully and maliciously by the explosion of gunpowder or other explosive substance, burn, maim, disfigure, disable, or do any other grievous bodily harm to any person, shall be guilty of felony and be punishable as for an attempt to murder,—with the addition of whipping, provided the offender be a male under the age of sixteen, if the court shall so direct. And the same penal consequences will attach to whomsoever shall so cause any gunpowder or explosive substance to explode, or who shall send or deliver to, or cause it or any other offensive, dangerous or noxious thing to be received or taken by any person, or who shall put or lay at any place, or cast or throw at or on, or otherwise apply to any person, any corrosive fluid or destructive or explosive substance with intent (in any of the above cases) to burn, maim, disfigure or disable any person or to
(a) As to what are to be deemed “ loaded arms," see 24 & 25 Vict. c. 100, s. 19.
() The punishments which may be awarded for an attempt to murder, are mentioned sup. pp. 78, 79.
(c) Sect. 20; 27 & 28 Vict. c. 47. It may be here mentioned (and the remark applies to all of the indict
able misdemeanors mentioned in this chapter), that the person convicted may, if the court shall think fit, either in addition to or in lieu of any other punishment, be fined and required to find sureties to keep the peace, or for good behaviour. (24 & 25 Vict. c. 100, s. 71.)
do him some grievous bodily harm, whether any bodily injury be effected or not (d). And the same punishment, except that the term of penal servitude may not exceed fourteen years, may be inflicted (by sect. 30) on whomsoever shall so place or throw in, into, upon, against or near any building, ship or vessel, any gunpowder or other explosive substance, with intent to do any bodily injury to any person, whether any explosion take place or bodily injury be inflicted or not. Moreover, whosoever with intent to enable himself or any other person to commit, or to assist any other person in committing, any indictable offence, shall by any means whatsoever attempt to choke, suffocate or strangle any other person, or shall, by any means calculated to choke, suffocate or strangle, attempt to render any other person insensible, unconscious or incapable of resistance; or shall unlawfully apply or administer to, or cause to be taken by, or attempt to apply or administer to, or attempt to cause to be administered to or taken by any person, any chloroform, laudanum, or other stupefying or overpowering drug, matter or thing, -shall be guilty of felony, and be punishable as for an attempt to murder (e)—with the addition of whipping if the offender be a male under the age of sixteen, and the court shall so direct (f). And whosoever shall unlawfully and maliciously prevent any person on board of, or having quitted any ship or vessel in distress, wrecked or stranded, in his endeavour to save his life; or who shall so prevent or impede any person in his endeavour to save the life of any such person on board or escaping from such vessel, shall be guilty of felony, and be punishable as for an attempt to murder (9). And the same penalties (except that the extreme limit of the term of penal servitude is ten years instead of life) are attached to the crime of so administering or causing to be administered to any person, any poison or other destructive or noxious thing, so as
(d) 24 & 25 Vict. c. 100, s. 29.
(e) Sects. 21, 22. As to such punishment, vide sup. pp. 78, 79.
(f) 26 & 27 Vict. c. 44.
thereby to endanger his life or inflict on him any grievous bodily harm (h),—and such administration, though neither life be endangered nor grievous harm in fact inflicted, yet if with intent to injure, aggrieve or annoy such person, is a misdemeanor—and made punishable with penal servitude for five years, or imprisonment, with or without hard labour, for not more than two years (i).
IV. Procuring miscarriage. - To kill a child in the mother's womb is, as formerly observed, no murder (k). It was at one period however made by statute a capital felony to administer a destructive thing to procure the miscarriage of a woman quick with child; and if she should not be proved to have been quick with child, it was a felony punishable with transportation (). But by a later statute the nature of the offence and the degree of punishment were made no longer to turn on the fact of being quick with child, but in all cases penal servitude for life might be awarded (m). This offence is now, however, provided against by 24 & 25 Vict. c. 100, s. 58; which awards the term of penal servitude for life, or for a term not less than five years (?:),—or imprisonment (with or without hard labour and solitary confinement) for a term not exceeding two years,—to any woman, being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or use any instrument or other means with the like intent; or to any person who, with a similar intent, shall unlawfully administer to any woman, (whether she be with child or not,) or cause to be taken by her, any poison or other noxious thing, or use any instrument
(1) 24 & 25 Vict. c. 100, s. 23. If, on indictment for this felony, the jury are satisfied that the prisoner was guilty of the misdemeanor mentioned in sect. 24, they may convict accordingly (sect. 25).
(i) Sect. 24; 27 & 28 Vict. c. 47.
(k) Vido sup. p. 70.
(1) 40 Geo. 3, c. 58; 9 Geo. 4, c. 31, s. 13.
(m) See 7 Will. 4 & 1 Vict. c. 85, 8. 6, repcaled by 24 & 25 Vict. c. 95.
(n) See 27 & 28 Vict. c. 47.
or other means with intent to procure her miscarriage; and all such practices are declared to be felonies. And further, it is provided that whosoever shall supply or procure any such poison, thing, or instrument, knowing that the same is intended to be unlawfully used or employed to procure the miscarriage of any woman, whether with child or not, shall be guilty of a misdemeanor, and punishable with penal servitude for five years, or imprisonment, with or without hard labour, not exceeding two years (o).
V. Another offence immediately affecting the personal security of individuals, is that of the abduction of females. One species of this offence, vulgarly called stealing an heiress,—viz, forcibly carrying off any woman, “having substance in goods or lands, or being heir apparent to her ancestor,” (the same being followed by her marriage or defilement,)—was made a capital felony by the statutes 3 Hen. VII. c. 2, and 39 Eliz. c. 9. And by statute 4 & 5 Ph. & M. c. 8, it was also made an offence to carry off any woman child, (unmarried and within the age of sixteen years,) from her father, mother, guardian or governors; and in case of her defilement or marriage, her lands were forfeited to her next of kin during the life of her seducer (p). But these enactments are repealed; and the existing provision on this subject is contained in 24 & 25 Vict. c. 100; the 53rd section of which enacts, that where any woman of any age 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 co-heiress, or presumptive next of kin to any one having such interest,-it
(0) 24 & 25 Vict. c. 100, s. 59; 27 & 28 Vict. c. 47.
(P) As to the forfeiture of the property of the woman, in the case of a marriage between persons, either
of whom is under age, by licence or banns procured by the false oath or frand of one of the parties, vide sup. vol. II. p. 250.
shall be felony in any person who shall, from motives of lucre (9), take away or detain her against her will, with intent to marry or carnally know her; or who shall cause her to be married or carnally known by any other person -or who (with a like intent) shall fraudulently allure, take away or detain any such woman who shall be under the age of twenty-one, out of the possession and against the will of her father or mother, or other person having the lawful care or charge of her; and the offender (in any of the above cases) is punishable by penal servitude for fourteen years, or not less than five (r), or by imprisonment, with or without hard labour, not exceeding two years: and shall, moreover, be incapable of taking any of her estate, interest or property ; which (if marriage has taken place) shall be settled in such manner as the Court of Chancery shall appoint. The same punishments are
. awarded to whomsoever shall by force take away or detain against her will a woman of any age, with a similar intent(s). And unlawfully to take or cause to be taken out of the possession and against the will of her parents or guardian, any unmarried girl under the age of sixteen, is a misdemeanor, punishable with imprisonment to the extent of two years, with or without hard labour-and that, though no such intent as above mentioned can be shown (t).
VI. [Another offence, also against the female part of the subjects of the realm, but attended with greater aggravations than that of forcible marriage, is the crime of rape, raptus mulierum, that is, the carnal knowledge of a woman forcibly and against her will (u). This, by the Jewish law,
(1) As to what is evidence of 1 Dearsley's C. C. R. 159; Reg. v. motives of lucre, sce R. v. Barratt, Timmins, 9 W. R. (C. C. R.) 56. 9 Car. & P. 387.
It may be remarked that, when under (r) See 27 & 28 Vict. c. 47. the age of sixteen, the girl's con(8) 24 & 25 Vict. c. 100, s. 54. sent is immaterial.
(t) Sect. 55. See R. v. Mea- (1) 4 Bl. Com. 210. See The dows, 1 Car. & Kir. 399; R. v. Queen v. Fletcher, 28 L. J. (M. C.) Robins, ib. 456; Manklelow's case, 85, from wbich case it appears that