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1828. 25 July, 9 Geo. 4, cap. 74.

Trial of Murder and Manslaughter within the Limits of the

. Company's Charter. (56) And be it enacted, that where any person, being feloniously stricken, poisoned, or otherwise hurt at any place whatsoever, either upon the land or at sea, within the limits of the charter of the said United Company, shall die of such stroke, poisoning, or hurt at any place without those limits, or being feloniously stricken, poisoned, or otherwise hurt, at any place whatsoever either upon land or at sea, shall die of such stroke, poisoning, or hurt, at any place within the limits aforesaid, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory before or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished by any of his Majesty's courts of justice within the British territories under the government of the said United Company, in the same manner in all respects as if such offence had been wholly committed within the jurisdiction of the court within the jurisdiction of which such offender shall be apprehended or be in custody.

Punishment of Manslaughter. (57) And be it enacted, that every person convicted of manslaughter shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for life, or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, or to pay such fine as the court shall award.

Excusable aud justifiable Homicide. (58) Provided always, and be it enacted, that no punishment or forfeiture shall be incurred by any person who shall kill another by misfortune, or in his own defence, or in any manner without felony.

Attempt to murder. (59) And be it enacted, that if any person unlawfully and maliciously shall administer or attempt to administer to any person, or shall cause to be taken by any person, any poison or other destructive thing, or shall unlawfully and maliciously attempt to drown, suffocate, or strangle any person, or shall unlawfully and maliciously shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut, or wound any person, with intent, in any of the cases aforesaid, to murder such person, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon.“

Shooting or stabbing, cutting, or wounding any Person. (60) And be it enacted, that if any person unlawfully and mali

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ciously shall shoot at any person, or shall, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut, or wound any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable such person, or to do some other grievous bodily harm to such person, or with intent to resist or prevent the lawful apprehension or detainer of the party so offending, or of any of his accomplices, for any offence for which he or they may respectively be liable by law to be apprehended or detained, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon : provided always, that in case it shall appear, on the trial of any person indicted for any of the offences above specified, that such acts of shooting, or of attempting to discharge loaded arms, or of stabbing, cutting, or wounding as aforesaid, were committed under such circumstances that if death had ensued therefrom the same would not in law have amounted to the crime of murder, in every such case the person so indicted shall be acquitted of felony. Administering Poison, or procuring the Miscarriage of any Woman.

(61) And be it enacted, that if any person, with intent to procure the miscarriage of any woman then being quick with child, unlaw, fully and maliciously shall administer to her, or cause to be taken by her, any poison or other noxious thing, or shall use any instrument or other means whatsoever with the like intent, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon; and if any person, with intent to procure the mis. carriage of any woman not being or not being proved to be then quick with child, unlawfully and maliciously shall administer to her, or cause to be taken by her, any medicine or other thing, or shall use any instrument or other means whatever with the like intent, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the court, to be transported to such place as the court shall direct, for any term not exceeding fourteen years nor less than seven years, or to be imprisoned for any term not exceeding three years, and if a male to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment.

Concealing the Birth of her Child. (62) And be it enacted, that if any woman shall be delivered of a child, and shall, by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years; and it shall not be necessary to prove whether the child died before, at, or after its birth : provided always, that if any woman tried for the murder of her child shall be acquitted thereof,

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1828. it shall be lawful for the jury by whose verdict she shall be acquitted 25 July, 9 Geo?, to find, in case it shall so appear in evidence, that she was delivered cap. 74. of a child, and that she did, by secret burying or otherwise disposing

of the dead body of such child, endeavour to conceal the birth thereof; and thereupon the court may pass such sentence as if she had been convicted upon an indictment for the concealment of the birth.

Sodomy or Rape. (63) And be it enacted, that every person convicted of the abominable crime of buggery, committed either with mankind or with any animal, shall suffer death as a felon.

(64) And be it enacted, that every person convicted of the crime of rape, shall suffer death as a felon.

Carnal Knowledge of a Girl under Age. (65) And be it enacted, that if any person shall unlawfully and carnally know and abuse any girl under the age of eight years, every such offender shall be guilty of felony, and being convicted thereof, shall suffer death as a felon ; and if any person shall unlawfully and carnally know and abuse any girl being above the age of eight years and under the age of ten years, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be imprisoned for such term as the court shall award.

What sufficient to constitute Rape, fc. (66) And whereas upon trials for the crimes of buggery and of rape, and of carnally abusing girls under the respective ages hereinbefore mentioned, offenders frequently escape by reason of the difficulty of the proof which has been required of the completion of these several crimes ; for remedy thereof be it enacted, that it shall not be necessary, in any of those cases, to prove the actual emission of seed in order to constitute a carnal knowledge, but that the carnal knowledge shall be deemed complete upon proof of penetration only.

· Forcible Abduction of a Woman with Intent to marry.

(67) And be it enacted, that where any woman 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 next of kin to any one having such interest, if any person shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or defile her, or to cause her to be married or defiled by any other person, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be transported to such place as the court shall direct, either for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years.

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Unlawful Abduction of a Girl from her Parents, &c. (68) And be it enacted, that if any person shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to suffer such punishment, by fine or imprisonment, or by both, as the court shall award.

Stealing a Child under Age. (69) And be it enacted, that if any person shall maliciously, either by force or fraud, lead or take away, or decoy or entice away, or detain, any child under the age of ten years, with intent to deprive the parent or parents, or any other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or if any person shall, with any such intent as aforesaid, receive or harbour any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained as hereinbefore mentioned ; every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be transported to such place as the court shall direct for the term of seven years, or to be imprisoned for any term not exceeding two years, and if a male to be once, twice, or thrice publicly or privately whipped, (if the court shall think fit,) in addition to such imprisonment: provided always, that no person who shall have claimed to be the father of an illegitimate child, or to have any right to the possession of such child, shall be liable to be prosecuted by virtue hereof, on account of his getting possession of such child, or taking such child out of the possession of the mother, or any other person having the lawful charge thereof.

Bigamy.

(70) And be it enacted, that if any person professing the Christian religion, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in the East-Indies or elsewhere, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be transported to such place as the court shall direct for the term of seven years, or to be imprisoned for any term not exceeding two years; and every such offence may be dealt with, inquired of, tried, determined, and punished by any of his Majesty's courts of justice within the British territories under the government of the said United Company, within the jurisdiction of which the offender shall be apprehended or be in custody, as if the offence had been actually committed within such jurisdiction : provided always, that nothing herein contained shall extend to any second marriage contracted out of his

Majesty's

1828. Majesty's dominions by any other than a subject of his Majesty, or to 25 July, any person marrying a second time, whose husband or wife shall have 9 Geo. 4

* been continually absent from such person for the space of seven years cap. 74.

then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any court of competent jurisdiction.

Forcing a Seaman on Shore, or refusing to bring him home. ' (71) And be it enacted, that if any master of a merchant vessel shall, during his being abroad, force any man on shore, or wilfully leave him behind in any of his Majesty's colonies or elsewhere, or shall refuse to bring home with him again all such of the men whom he carried out with him as are in a condition to return when he shall be ready to proceed on his homeward-bound voyage, every such master shall be guilty of a misdemeanor, and being lawfully convicted thereof, shall be imprisoned for such term as the court shall award ; and the said court is hereby authorized to issue one or more commissions, if necessary, for the examination of witnesses abroad; and the depositions taken under the same shall be received in evidence on the trial of every such indictment or information,

Counterfeiting any Deed, &c. (72) And be it enacted, that if any person shall falsely make, forge, counterfeit, or alter, or shall utter or publish as true, or sell, offer, or dispose of, or put away, knowing the same to be false, forged, counterfeited, or altered, any deed, or any written instrument for the conveyance or transfer of any property or interest in any land, house, or goods, or any share or interest in any public stock or fund established by authority of Parliament or of the said United Company, or of any foreign state, or in any stock or fund of any body corporate, company, or society, or for securing the payment of money, or any will, testament, bond, writing obligatory, bill of exchange, promissory note for payment of money, or any indorsement or assignment of any bill of exchange or promissory note for the payment of money, or any acceptance of any bill of exchange, or any acquittance or receipt for money, or any goods or valuable thing, or any accountable receipt of any note, bill, or other security for payment of money, or any warrant or order for payment of money, or delivery or transfer of any goods or valuable thing, or any decree, order, record, certificate, minute, affidavit, deposition, or other writing which shall be or purport to have been enrolled, drawn up, filed, entered, issued, or delivered by any court or magistrate in any proceeding, criminal or civil, with intention to defraud any person whatsoever, or any corporation, every such offender shall be guilty of felony, and being thereof convicted,

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