'ARTICLE 336.

ABDUCTION OF GIRLS UNDER SIXTEEN.

2 Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, [who unlawfully takes, or causes 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.

The taking must be a taking or protection of the taker, but the girl is taken with her own suggestion, or against her will.

under the power, charge, it is immaterial whether consent, or at her own

The expression "taking out of the possession" means taking the girl to some place where the person in whose charge she is cannot exercise control over her, for some purpose inconsistent with the objects of such control. A taking for a time only may amount to abduction.

If the consent of the person from whose possession the girl is taken is obtained by fraud, the taking is deemed to be against the will of such person.

The fact that the offender supposes, in good faith and on reasonable grounds, that the girl is more than sixteen years of age, is immaterial; but (it seems) it is necessary that he should either know, or have reason to believe, that she was under the lawful care or charge of her father, mother, or some other person.

1 S. D. Art. 262.

2 R. S. C. c. 112, s. 44; [24 & 25 Vict. c. 100, s. 55, as explained by the case referred to in the illustrations. See also 48 & 49 Vict. c. 69, s. 7.] A girl employed as a barmaid at a distance from her father's house is not in his possession; R. v. Henkers, 16 Cox, C. C. 257. A, a girl under the age of sixteen, who was with her father's consent under the care of B, her uncle, was allowed by B to dine at the house of C, who was married to B's sister. C took A for a drive, and remained over night with her at a hotel, where he debauched her. The next day he left her at B's. Held, that B had the lawful care of A, and that she was unlawfully taken out of his possession by C; R. v. Mondelet, 21 L. C. J. 154.

Illustrations.

[(1.) A and B, two girls under sixteen, run away from home together. Neither abducts the other.

(2.) 2 A persuades B, a girl under sixteen, to leave her father's house, and sleep with him for three nights, and then sends her back. A has abducted B.

3

(3.) 3 A, a lady, persuades B, a girl under sixteen, to leave her father's house, and come to A's house for a short time, for the purpose of going to the play with her. A has not abducted B.

4

(4.) * A. a girl, under sixteen, asks B, by whom she has been seduced, to elope with her, which he does. B commits abduction.

(5) 5 A induces B to permit his daughter C to go away by falsely pretending that he (A) will find a place for C. A abducts C.

6

(6.) A takes B, a girl under sixteen, out of her father's possession believing her upon good grounds to be eighteen. A has abducted B.

7

(7.) A meets B, a girl under sixteen, in the street, gets her to stay with him some hours, during which interval he seduces her, takes her back to the place where he found her, and there leaves her. She returns home. A was not aware at the time that B had a father or mother living. A has not abducted B.]

9

81 ARTICLE 337.

STEALING CHILDREN UNDER FOURTEEN.

Every one is guilty of felony, and liable to seven years' imprisonment, who

(a.) [unlawfully, either by force or fraud, leads, or takes away, or decoys or entices away, or detains, any child under the age of fourteen years; or

(b.) receives or harbors any such child, knowing it to have been so dealt with,

with intent to deprive any parent or guardian, or other person having the lawful care or charge of such child, of

1 [R. v. Meadows, 1 C. & K. 399, as explained by note to R. v. Kipps, 4 Cox, C. C. 168; and R. v. Mankletow, Dears. C. C. 162.

2 R. v. Timmins, Bell, 276.

3 Founded on a dictum of Crompton, J. in R. v. Timmins.

4 R. v. Biswell, 2 Cox, C. C. 279; and see R. v. Robins, 1 C. & K. 456.

5 R. v. Hopkins, Car. & Mar. 254.

R. v. Prince, L. R. 2 C. C. R. 154.

* R. v. Hibbert, L. R. 1 C. C. R. 184.]

8 8. D. Art. 263.

9 R. S. C. c. 162, c. 45; 24 & 25 Vict. c. 100, s. 56.

[the possession of it, or with intent to steal any article about or upon the person of such child.

This Article does not apply to any person who gets possession of any child, or takes any child out of the possession of any one who has lawful charge of it, if such person either claims a right to the possession of the child, or (if it is an illegitimate child) is its mother or claims to be its father.]

CHAPTER XXX.

OFFENCES AGAINST CHILDREN BY PARENTS AND OTHERS.

1 ARTICLE 338.

NEGLECTING TO PROVIDE FOOD, ETC., FOR CHILDREN.

2 [EVERY one commits a misdemeanor who, being the parent or master, or mistress, of any child of tender years and unable to provide for itself, refuses or neglects (being able to do so) to provide sufficient food, clothes, bedding, and other necessaries for such child, so as thereby to injure the health of such child.]

5

3

4 ARTICLE 339.

ABANDONING CHILDREN UNDER TWO YEARS OF AGE.

Every one is guilty of a misdemeanor and liable to three years' imprisonment who unlawfully abandons or exposes any child being under the age of two years, whereby the life of such child is endangered, or the health of such child has been, or is likely to be, permanently injured.

expose

[The words "abandoned" and " " include a wilful omission to take charge of the child on the part of a person legally bound to do so, and any mode of dealing

1 S. D. Art. 264.

2 [Friend's Case, R. & R. 20; R. v. Ryland, L. R. 1 C. C. R. 99. It is necessary to prove actual injury to the child's health; R.v. Phillpot, Dear. 179, and R. v. Hogan, 2 Den. 277; and that the defendant actually has, not merely that he might get from the relieving officer, the means of providing for the child; R. v. Chandler, Dear. 453.] See Art. 307.

3 [It is doubtful whether this includes medical attendance as regards any one but a parent who is under a statutory obligation to provide it; R.v. Downes, L. R. 1 Q. B. D. 25.] 4 S. D. Art. 266.

R. S. C. c. 162, s. 20; 24 & 25 Vict. c. 100, s. 27. See Arts. 279 (Il. 6), 307.

[with it calculated to leave it exposed to risk without protection.

1

Illustrations.

(1.) 1 B, A's wife, living apart from A, leaves C their child, nine months old, lying in the road outside A's door. A, knowing its position, lets it lie there from 7 P.M. till 1 A.M. A's mother, D, knowing the child is there, and being in her house, acts in the same way as A. A has abandoned and exposed C, but D has not, as she was under no legal obligation to take charge of C.

(2.) 2 A sends B, her child five weeks of age, packed up in a hamper as a parcel, by railway to C, B's putative father, giving directions to the clerk to be very careful of the hamper, and send it by the next train. The child reaches C safely. A has abandoned and exposed B.]

1 [R. v. White, L. R. 1 C. C. R. 311.

2 R. v. Falkingham, L. R. 1 C. C. R. 222.]