Provided that where a woman of or over the age of A.D. 1924. eighteen years is charged before a court of summary jurisdiction with an offence under paragraph (b) of subsection (1) of this section the court may, if it so 5 think fit, but subject to the provisions of section 10 seventeen of the Summary Jurisdiction Act, 1879, deal 42 & 43 Vict. summarily with the case, and in that event she shall be c. 49. liable to be imprisoned, with or without hard labour, for any term not exceeding twelve months. 43.-(1) If any male person commits, or attempts Acts of gross to commit, any act of gross indecency with another male indecency person he shall be guilty of a misdemeanour. (2) If any person procures, or attempts to procure, or solicits any male person for or to the commission of any 15 act of gross indecency with another male person, whether any particular male person or generally, he shall be guilty of a misdemeanour. 20 (3) It shall be immaterial whether the act of gross indecency is or is intended to be in public or private. (4) A person guilty of a misdemeanour under this section shall be liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years. (5) If upon the trial of an indictment for an offence 25 under the next following section, which relates to acts of gross indecency by male adults with boys under sixteen, the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of an offence under this 30 section, they may acquit him of the offence charged in the indictment and find him guilty of that other offence. 35 40 44.-(1) If any male adult commits, or attempts to commit, any act of gross indecency with any boy he shall be guilty of a misdemeanour. between males. Acts of gross indecency by male adults (2) If any person procures, or attempts to procure, with boys or solicits any boy for or to the commission of any act under sixof gross indecency with him by any male adult, whether teen. any particular male adult or generally, he shall be guilty of a misdemeanour. (3) It shall be immaterial whether the act of gross indecency is or is intended to be in public or private. A.D. 1924. Punishment (4) A person guilty of a misdemeanour under this section shall be liable upon conviction on indictment to be kept in penal servitude for five years or any shorter term. (5) In this section (a) The expression "male adult means a male person of or over the age of sixteen years; and (b) The expression "boy" means a male person under the age of sixteen years. 5 45.-(1) If any person commits sodomy or bestiality 10 for sodomy he shall be guilty of felony, and shall be liable upon or bestiality, conviction on indictment to be kept in penal servitude for ten years or any shorter term. &c. Increase of penalty in (2) If any person— (a) attempts to commit sodomy or bestiality; or 15 (b) commits any assault with intent to commit sodomy; he shall be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude for five years or any shorter term. 20 (3) If upon the trial of an indictment for sodomy, or for an attempt to commit, or an assault with intent to commit, sodomy, the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of an 25 offence under either of the two last foregoing sections, which relate respectively to acts of gross indecency between males and to acts of gross indecency by male adults with boys under sixteen, they may acquit him of the offence charged in the indictment and find him 30 guilty of that other offence. 46. (1) Where a person is convicted on indictment of any offence under this Part of this Act involving proof of carnal knowledge, or an attempt to have carnal knowledge, or the commission of an act of gross indecency, 35 by or of or with the offender, and it has been alleged in the indictment and proved that at the time of the real disease. commission of the offence he was to his knowledge certain cases where offender is suffering from vene suffering from venereal disease in 5 10 the foregoing provisions of this Part of this Act with A.D. 1924. penal servitude, the court may, if it think fit, sentence him to be kept in penal servitude for five years or any shorter term. (2) In this section the expression" venereal disease " means syphilis, gonorrhoea, or soft chancre. 47. A court of quarter sessions shall not have power to try any indictment under this Part of this Act other than indictment for an indecent assault. Jurisdiction of quarter sessions offences under Part III. in respect of mind for purposes of 48. For the purposes of this Part of this Act, a Women of woman is of unsound mind if she is on account of mental unsound defectiveness unable to exercise full discretion in connection with sexual immorality, and (without prejudice Part III. to this general definition) every woman who is a lunatic 15 or an idiot or an imbecile, or who is a defective within the meaning of the Mental Deficiency Act, 1913, shall 3 & 4 Geo. 5. be deemed to be a person of unsound mind. c. 28. PART IV. 20 PROCURATION, ABDUCTION AND UNLAWFUL DETENTION. seduction or prostitution. 49.-(1) All persons who conspire, confederate, and Conspiracy agree to procure the seduction or prostitution, whether to procure within or without His Majesty's dominions, of any woman, whether any particular woman or generally, and whether by or in relation to any particular person or generally, 25 shall be guilty of a misdemeanour, and shall be liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years: 30 35 Provided that if it is alleged in the indictment and proved that the woman in respect of whom the offence was committed was under the age of sixteen years, the court may, if it think fit, sentence an offender under this section to be kept in penal servitude for five years or any shorter term. (2) It shall be no defence to any charge under this section to prove that the woman had already been unlawfully and carnally known or was a prostitute or of immoral character. (3) If upon the trial of an indictment for an offence 40 under the next following section, which relates to the A.D. 1924. felonious procuration of women, the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but are satisfied that he is guilty of an offence under this section, they may acquit him of the offence charged in the indictment and find him 5 guilty of that other offence. Felonious procuration of women. (4) Nothing in this section shall take away or diminish any liability to be proceeded against and punished as an accessory which would have been incurred if this section had not been enacted, so, however, that 10 no person be twice punished for the same offence. 50.-(1) If any person (a) procures, or attempts to procure, any woman of or (b) by violence or detention, or the withholding of 20 (c) procures, or attempts to procure, any woman-- (ii) to return to a life of common prostitution, whether within or without His Majesty's dominions; or 35 (d) by violence or detention, or the withholding of any of the necessaries of life, or by any in- 40 timidation or threat (whether the threat relates to violence, injury or accusation to be caused or made by the person procuring or attempting to procure, as the case may be, 5 10 15 20 20 25 30 35 or by any other person) procures, or attempts A.D. 1924. (f) procures, or attempts to procure, or solicits any (i) that she may be an inmate of or (ii) that she may lead a life of common (g) procures, or attempts to procure, any woman (i) that she may be an inmate of or (ii) that she may lead a life of common. such person shall be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal 40 servitude for five years or any shorter term: Provided that it shall be a sufficient defence to any charge under paragraph (a) of this subsection in respect of a woman of unsound mind, if the accused |