(3) If any person unlawfully and maliciously makes, A.D. 1924. or has in his possession or under his control, any explosive substance with intent by means thereof to endanger life, whether within or without His Majesty's dominions, or to 5 enable any other person by means thereof to endanger life, whether within or without His Majesty's dominions, he shall be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude for seven years or any shorter term, and the explosive 10 substance shall be forfeited. 15 20 25 30 In this subsection, the expression "explosive substance" includes (a) any materials for making any explosive sub- (b) any apparatus, machine, implement, or (c) any part of any such apparatus, machine or (4) It shall be immaterial (a) for the purposes of paragraph (b) of sub- (b) for the purposes of paragraph (c) of sub- &c. 22. If any person sets or places, or being the owner Punishment or occupier of any premises, sets or places, or permits to for setting be or to continue to be set or placed therein or thereon, spring gun, 35 any spring gun or man trap or any other engine calculated man trap, to destroy human life or inflict grievous bodily harm, with the intent that the same or whereby the same may destroy or inflict grievous bodily harm upon any person coming in contact therewith, he shall be guilty of a 40 misdemeanour, and shall be liable upon conviction on indictment to be kept in penal servitude for seven A.D. 1924. Penalty on drivers of carriages injuring persons by wilful mis conduct or neglect. Punishment for endangering safety of certain passengers. Punishment 23. If any person having the charge of any carriage or vehicle by any wilful misconduct or neglect does, or causes to be done, any bodily harm to any other person, he shall be guilty of a misdemeanour and shall be liable (a) upon conviction on indictment to be imprisoned, 5 with or without hard labour, for any term not exceeding twelve months; or (b) upon summary conviction to be imprisoned, with or without hard labour, for any term not exceeding six months, or to a fine not exceed 10 ing fifty pounds. 24. (1) If any person wilfully by any unlawful act or unlawful omission endangers, or causes to be endangered, the safety of any person conveyed or being in or upon a railway, he shall be guilty of a misdemeanour, 15 and shall be liable (a) upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years; or (b) upon summary conviction to be imprisoned, 20 with or without hard labour, for any term not exceeding six months, or to a fine not exceeding fifty pounds. (2) If upon the trial of an indictment for an offence under either of the two next following sections, which 25 relate respectively to the punishment for placing matter on a railway, &c. with certain intent, and to the punishment for casting matter on a railway carriage, &c. with certain intent, the jury are not satisfied that the accused person is guilty of the offence charged in the 30 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 guilty of that other offence. 25. If any person unlawfully and maliciously with 35 for placing intent to endanger the safety of any other person, matter on a whether any particular person or generally, puts or railway, &c., throws upon or across any railway any matter or thing, or takes up, removes or displaces any matter or thing belonging to any railway, or turns, moves or diverts any 40 points or other machinery belonging to any railway, or makes, shows, hides or alters any signal or light upon with certain intent. 5 or near to any railway, or does any other thing, he shall A.D. 1924. be guilty of felony, and shall be liable upon conviction on indictment to be kept in penal servitude for ten years or any shorter term. 26. If any person unlawfully and maliciously, with Punishment intent to injure or endanger the safety of any other for casting person, whether any particular person or generally, matter on a throws or causes to fall or strike at, against, into or upon carriage, &c. railway any engine, tender, carriage or truck, any matter or 10 thing, 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. 27. (1) If any person unlawfully assaults or beats Punishment any other person he shall be guilty of a misdemeanour, for common 15 and shall be liable 20 (a) upon conviction on indictment to be imprisoned, (b) upon summary conviction to be imprisoned, (2) If upon the trial of an indictment for an assault with intent to commit felony or an assault occasioning 25 actual bodily harm or an indecent assault, 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 30 find him guilty of that other offence. 35 40 28. If any person assault. Assaults with im (a) commits any assault with intent to commit punishable (b) commits any assault occasioning actual bodily (c) assaults, resists or wilfully obstructs any A.D. 1924. Jurisdiction of quarter sessions in respect of offences under Part II. (d) commits any assault with intent to resist or prevent the lawful apprehension or detainer of any person; he shall be guilty of a misdemeanour, and shall be liable 5 (i) upon conviction on indictment to be im- 29. A court of quarter sessions shall not have power Punishment PART III. SEXUAL OFFENCES. 30.-(1) If any person commits an indecent assault 20 for indecent upon any other person he shall be guilty of a misdemeanour, and shall be liable assault. (a) upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding two years; or (b) upon summary conviction to be imprisoned, with or without hard labour, for any term not exceeding twelve months: 25 Provided that a court of summary jurisdiction shall not have power to deal summarily with any such case 30 unless in the opinion of the court the person upon whom the assault was committed was under the age of sixteen years. (2) It shall be no defence to a charge of indecent assault upon a person under the age of sixteen years to 35 prove that he or she consented to the act of indecency. (3) Without prejudice and in addition to the provisions of the last foregoing subsection, it shall be no defence to a charge of indecent assault on a woman of unsound mind to prove that she consented to the act of A.D. 1924. indecency, unless the accused person shall also prove that he was unaware and had no reason to suspect that the person upon whom the act of indecency was com5 mitted was of unsound mind. (4) If upon the trial of an indictment for rape, or an attempt to commit or an assault with intent to commit rape, or for sodomy, or an attempt to commit or an assault with intent to commit sodomy, or for 10 having or attempting to have unlawful carnal knowledge, or for an assault with intent to have unlawful carnal knowledge of a girl under the age of fourteen years, the jury are not satisfied that the accused person is guilty of the offence charged in the indictment, but 15 are satisfied that he is guilty of an indecent assault, they may acquit him of the offence charged in the indictment and find him guilty of an indecent assault. with or in respect of 31. (1) If any male person commits or attempts to Acts of gross commit, whether in public or in private, any act of indecency 20 gross indecency with or in respect of any girl under the age of sixteen years, he shall be guilty of a misdemeanour, girls under and shall be liable upon conviction on indictment to be sixteen. imprisoned, with or without hard labour, for any term not exceeding two years. 25 (2) If upon the trial of an indictment for having or attempting to have unlawful carnal knowledge of a girl under the age of sixteen years, whether under circumstances amounting to felony or under circumstances amounting to a misdemeanour, the jury are not satisfied 30 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 guilty of that other offence. 35 32.-(1) If any person, has or attempts to have, Defilement unlawful carnal knowledge of any woman of unsound of woman of mind he shall be guilty of a misdemeanour, and shall be unsound liable upon conviction on indictment to be imprisoned, with or without hard labour, for any term not exceeding 40 two years. (2) If upon the trial of an indictment for rape, or for an attempt to commit rape, the jury are not satisfied that mind. |