Page images
PDF
EPUB

A.D. 1924. on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years:

42 & 43 Vict. c. 49.

Abortion.

Provided that

10

(a) It shall be a sufficient defence to any charge
under this section if the accused person 5
shall satisfy the court or jury that the dead
body in respect of which the disposition
took place had issued from the body of
its mother before the expiration of the
twenty-eighth week of pregnancy; and
(b) Where a woman being an adult within the
meaning of the Summary Jurisdiction Act,
1879, is charged before a court of summary
jurisdiction with an offence under this section
in respect of the dead body of her own child 15
and is not charged jointly with any other
person, the provisions of section thirteen of
the cited Act shall apply as though an offence
under this section had been in terms specified
in the first column of the First Schedule 20
to the cited Act, and had not been comprised
in the second column of that schedule.

(2) If upon the trial of an indictment for criminal
homicide the jury are not satisfied that the accused
person is guilty of the offence charged in the indictment, 25
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 may find him guilty of that other
offence.

68.-(1) If any woman being with child with 30 intent to procure her own miscarriage unlawfully administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means with such intent, she shall be guilty of a misdemeanour.

(2) If any person with intent to procure the mis- 35 carriage of any woman, whether she is or is not with child, unlawfully administers to or causes or procures to be taken by her any poison or other noxious thing, or unlawfully uses any instrument or other means with such intent, he shall be guilty of a misdemeanour.

(3) If any person supplies or procures any poison or other noxious thing or any instrument or thing knowing or having reason to believe that the same is intended

40

5

to be unlawfully administered, taken or used with intent A.D. 1924 to procure the miscarriage of any woman, whether she is or is not with child, he shall be guilty of a misdemeanour.

(4) A person guilty of a misdemeanour under this section shall be liable upon conviction on indictment to be kept in penal servitude for seven years or any shorter term.

or servant.

69.-If any person being legally liable, either as Ill-treat10 a master or mistress, to provide for any apprentice or ment of servant necessary food, clothing, medical aid or lodging, apprentice wilfully refuses or neglects to provide the same, or unlawfully and maliciously does or causes or procures to be done any bodily harm to such apprentice or servant, 15 so that the life of such apprentice or servant shall be endangered or the health of such apprentice or servant be seriously injured, such person shall be guilty of a misdemeanour, and shall be liable

20

25

(a) upon conviction on indictment to be kept in
penal servitude for five years or any shorter
term; or

(b) upon summary conviction to be imprisoned,
with or without hard labour, for any term not
exceeding twelve months, or to a fine not
exceeding two hundred pounds, or to both such
imprisonment and such fine.

70.-A court of quarter sessions shall not have power Jurisdiction to try any indictment under this Part of this Act, other of quarter than an indictment under the section relating to the ill- sessions in 30 treatment of an apprentice or servant.

PART VII.

GENERAL AND SUPPLEMENTAL.

71. Every misdemeanour under this Act shall be deemed to be an offence within and subject to the pro35 visions of the Vexatious Indictments Act, 1859, and any Act amending that Act.

respect of offences

under Part VI.

Application of

22 & 23 Vict. c. 17.

72.-Section four of the Criminal Evidence Act, Applica1898, shall apply as though Parts III., IV., and V. of this tion of Act had been mentioned in the schedule to that Act.

61 & 62 Vict.

A.D. 1924.

Jurisdiction
of quarter
sessions.

Amend-
ment of
7 Edw. 7.

c. 23. s. 19.

Provisions

with respect to 8 Edw. 7.

c. 67, 1st Sch.

Meaning of "offence of cruelty" in

8 Edw. 7.

c. 67, Pt. 2.

Restriction

on penalties

in case of offenders

under nine

teen.

Miscella

sions with respect to penalties.

73. Notwithstanding anything in any other Act, a court of quarter sessions shall have power to try any indictment under this Act other than an indictment which such court is by this Act prohibited from trying.

74. Section nineteen of the Criminal Appeal Act, 5 1907, shall have effect as though for the words "sentence of death" the words "a sentence fixed by law" had been therein substituted.

75. Every offence under this Act against or in respect of a person under the age of sixteen years shall for the 10 purposes of Part II. of the Children Act, 1908, as amended by any past or future enactment, be deemed to be an offence mentioned in the First Schedule to that Act.

76. In Part II. of the Children Act, 1908, as amended by any past or future enactment, the expression "an 15 offence of cruelty" shall mean any offence under either the section of this Act relating to the punishment for the exposure or abandonment of a young child or the section of this Act relating to the punishment for cruelty to a child or young person.

77.- (1) Notwithstanding anything in this Act, no person under the age of nineteen years shall be liable to be kept in penal servitude for any offence thereunder, except criminal homicide or an attempt to murder or wounding with intent to do grievous bodily harm.

(2) For the purposes of this section the age of an offender is such age as in the opinion of the court before which he is convicted he had attained at the time of the commission of the offence.

20

25

78. (1) Where under this Act a court has power 30 neous provi- to pass a sentence of penal servitude, or would have had such power if the last foregoing section, which relates to restriction on penalties in case of offenders under nineteen years of age, had not been enacted, the court may, if it think fit, pass a sentence of imprisonment, 35 with or without hard labour, for any term not exceeding two years.

(2) Where a person is in pursuance of any provision of this Act convicted on indictment of an offence other than the offence charged in the indictment, he shall be 40 liable to be punished as though he were convicted on an indictment for the offence of which he is found guilty.

(3) Nothing in this Act shall authorise a court to A.D. 1924. pass a sentence of penal servitude for any term not less than three years.

(4) Upon the conviction on indictment of any person 5 of any misdemeanour under this Act the court may, if it so think fit, in addition to or in lieu of any punishment otherwise by this Act authorised fine the offender, and require him to enter into his own recognizances and to find sureties, both or either, for keeping the peace and being of 10 good behaviour; and in the case of a conviction on indictment of felony under this Act, other than murder, the court may, if it so think fit, require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to any 15 punishment by this Act authorised:

Provided that no person shall be imprisoned for not finding sureties under this section for a term exceeding twelve months.

79. (1) Without prejudice to any power of any Provisions 20 court under any other enactment, where upon the trial of relating to any offence under Parts III. or IV. of this Act in respect custody. of a minor it is made to appear to the court that the offence has been committed by the parent or guardian of the minor, or that such parent or guardian by any act or 25 neglect caused, encouraged, favoured or connived at the commission of the offence, it shall be in the power of the court to divest such parent or guardian of all authority and control over such person, and to appoint any person or persons to be the guardian or guardians of such person 30 during the minority of such person, or for any shorter term:

Provided that the High Court may at any time rescind such order or may vary such order by the appointment of any other person or persons as such guardian or 35 guardians, or in any other respect.

40

(2) In this section, except the context otherwise requires :

(a) The expression "parent" includes a step-parent;
and

(b) The expression "guardian" includes any person

A.D. 1924.

Power to bind over parent or

guardian of girl in certain cases.

42 & 43 Vict.

c. 49.

Offences under two or more enactments. 52 & 53 Vict. c. 63.

General

definitions.

80.-(1) Where it is shown to the satisfaction of a court of summary jurisdiction, on the complaint of any person, that a girl is, with the connivance or through the act or neglect of her parent or guardian or of any other person having the custody, charge or care of her, living 5 a life of prostitution, or exposed to the risk of being unlawfully and carnally known, whether by any particular person or generally, the court may adjudge her parent or guardian or that other person, as the case may be, to enter into a recognizance to exercise due care and 10 supervision in respect of the girl.

(2) The provisions, including the penal provisions, of the Summary Jurisdiction Act, 1879, shall apply to a recognizance under this section and to default of compliance with any order to enter into such a recognizance 15 and to the enforcement thereof as though such a recognizance were a recognizance to be of good behaviour towards the person upon whose complaint the order is made.

66

(3) For the purposes of this section the expression 20 parent" includes a step-parent and any person cohabiting with the parent of a girl.

81. Without prejudice and in addition to the provisions of section thirty-three of the Interpretation Act, 1889, where an act or omission constitutes an offence 25 under two or more enactments in this Act the offender shall be liable to be proceeded against and punished under either or any of those enactments, so, however, that he be not twice punished for the same offence.

82. In this Act, except the context otherwise 30 requires:

66

(a) The expression woman means a female person of any age;

35

(b) The expression "girl means a woman under
the age of eighteen years;
(c) The expression "intoxicating liquor" means
any fermented, distilled, or spiritouus liquor
which cannot according to any law for the
time being in force be legally sold without
a licence from the Commissioners of Inland 40
Revenue.

« PreviousContinue »