WOMEN. The 43 Geo. 3, c. 58, repealed by 9 Geo. 4, c. 31. LORD LANDSDOWNE'S ACT. 9 Geo. 4, c. 31. Women. 9 Geo. 4, c. 31. Sect. XIII. And be it enacted, That if any person, with Administering intent to procure the miscarriage of any woman then being poison or using quick with child, unlawfully and maliciously shall administer any means to to her, or cause to be taken by her, any poison or other noxious procure the miscarriage of a thing, or shall use any instrument or other means whatever woman quick with the like intent, every such offender, and every person with child. counselling, aiding or abetting 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- The like as to a carriage of any woman not being, or not being proved to be, woman not quick then quick with child, unlawfully and maliciously shall admi- with child. nister 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, and every person counselling, aiding or abetting such offender, shall be guilty of felony, and, being convicted thereof, shall be liable at the discretion of the court, to be transported beyond the seas for any term not exceeding fourteen years nor less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, 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. Sect. XIV. And be it enacted, That if any woman shall be A woman secretdelivered of a child, and shall, by secret burying or otherwise ing the dead disposing of the dead body of the said child, endeavour to body of her child, to conceal conceal the birth thereof, every such offender shall be guilty the fact of its of a misdemeanor, and, being convicted thereof, shall be liable birth, guilty to be imprisoned, with or without hard labour, in the common of misdemeanor. gaol or house of correction, for any term not exceeding two years; and it shall not be necessary to prove whether the child Women. died before, at, or after its birth: Provided always, that if any woman tried for the murder of her child shall be acquitted 9 Geo. 4, c. 31. thereof, it shall be lawful for the jury by whose verdict she Proviso. shall be acquitted, to find, in case it shall so appear in evidence, that she was delivered 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. Indictment for administering Drugs to a Woman quick with Hertfordshire, The jurors for our lord the King upon their day of in the year aforesaid] with force and arms at the parish aforesaid, in the county aforesaid, feloniously, unlawfully and maliciously did administer, and did then and there cause to be taken by one B. [single woman] she the said B. then and there being quick with child, divers large quantities, to wit, four ounces weight of a noxious and destructive substance, called with intent thereby then and there to cause and procure the miscarriage of the said B., against the form, &c. and against the peace, &c. Second Count: Stating that the poison or noxious thing, was by A. caused to be administered to B. Evidence. It must appear in this case, that the woman was quick with child, that is to say, feeling the child alive and quick within, without reference to any time when the foetus might have had a separate existence. 3 Camp. 77, Rex v. Phillips. It must be shown that the prisoner administered the poison, and he did so with an intention to procure miscarriage. The malevolent effects of the drug will be evidence to explain the prisoner's intent, and proofs may be brought forward to show that the prisoner was aware of the woman being with child, that he was desirous of destroying the child, &c. Note. The indictment for using an nstrument for the same purpose, will be similar to the foregoing, care being Women. taken to state the woman to have been quick with child, and 9 Geo. 4, c. 31. saying that the prisoner feloniously, &c. did use a certain instrument, &c. Indictment for administering Drugs as before, the Woman not being quick with Child. Hertfordshire, The jurors, &c. [as in the other precedent, to wit. Jonly stating the woman as] then and there being [and on the said other days and times aforesaid, there continuing to be] with child, but not quick with child, [and conclude as before.] Evidence. Here again the administering of the drug by the prisoner, with the felonious intent charged, must be proved. It must appear too, that the woman, although not quick, was yet with child; for should it turn out that she was not with child at all, the prisoner must be acquitted. 3 C. & P. 605, Rex v. Scudder. Indictment against a Woman for concealing a Birth. Hertfordshire, The jurors for our lord the King upon their to wit. Joath present, that A., late of, &c. spinster, being then and there big with a [male] child, on the same day and year, at the parish aforesaid, in the county aforesaid, by the providence of God did bring forth the said male child alive, and that the said male child afterwards and immediately after the delivery of the said A., to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, died: And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A., late of, &c. spinster, as aforesaid, afterwards and after the death of the said male child, to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, did then and there unlawfully endeavour to conceal the birth of the said child, by the secret burying of the same, after the death of the said child as aforesaid, to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, against the form of the statute, &c. and against the peace, &c. Second Count: Stating the child to have been still-born. Upon this indictment you must show the delivery of the 9 Geo. 4, c. 31. defendant, and that the child was dead at the time of committing the offence, and then the means employed by the defendant to conceal the birth must be proved. On the part of the defendant, proof may be adduced that the woman made preparations for her confinement, that she communicated the circumstances of her pregnancy to persons not implicated in the concealment, &c. 1 Russ. C. & M. 476, Rex v. Southern. It has been held, that the throwing of a bastard child down a privy, was evidence of an endeavour to conceal the birth. Russ. & Ry. 337, Rex v. Cornwall. And see also upon this subject, Russ. & Ry. 240, Rex v. Maynard 2 Leach, C. Cases, 1095, Rex v. Ede. Wrecks. 7 & 8 G.4, c. 29. Plundering any Proviso. WRECKS. The 13 Anne, c. 21, vulgo 12 Anne, st. 2, c. 18, s. 4 & 5; 26 Geo. 2, c. 19, repealed by 7 & 8 Geo. 4, c. 27. LARCENY ACT. 7 & 8 Geo. 4, c. 29. Sect. XVIII. And be it enacted, That if any person shall part of the tackle plunder or steal any part of any ship or vessel which shall be or cargo of a in distress, or wrecked, stranded or cast on shore, or any shipwrecked goods, merchandize or articles of any kind belonging to such vessel. ship or vessel, every such offender, being convicted thereof, shall suffer death as a felon: Provided always, that when articles of small value shall be stranded or cast on shore, and shall be stolen without circumstances of cruelty, outrage or violence, it shall be lawful to prosecute and punish the offender as for simple larceny; and, in either case, the of fender may be indicted and tried either in the county in which the offence shall have been committed, or in any county next adjoining. Persons in pos Sect. XIX. And be it enacted, That if any goods, merchansession of ship- dize or articles of any kind, belonging to any ship or vessel in wrecked goods, distress, or wrecked, stranded or cast on shore as aforesaid, not giving a satisfactory acshall, by virtue of a search warrant, to be granted as hereinafter mentioned, be found in the possession of any person, or count. on the premises of any person with his knowledge, and such person, being carried before a justice of the peace, shall not Wrecks. satisfy the justice that he came lawfully by the same, then the 7&8 G. 4, c. 29. same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof; and the offender, on conviction of such offence before the justice, shall forfeit and pay, over and above the value of the goods, merchandize or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet. Sect. XX. And be it enacted, That if any person shall offer If any person or expose for sale any goods, merchandize or articles whatso- offers shipwrecked goods ever, which shall have been unlawfully taken, or reasonably for sale, the suspected so to have been, from any ship or vessel in distress, goods may be or wrecked, stranded or cast on shore as aforesaid, in every seized, &c. such case any person to whom the same shall be offered for sale, or any officer of the customs or excise, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure, to some justice of the peace; and if the person who shall have offered or exposed the same for sale, being duly summoned by such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on conviction of such offence by the justice, shall forfeit and pay, over and above the value of the goods, merchandize or articles, such sum of money, not exceeding twenty pounds, as to the justice shall seem meet. MALICIOUS INJURIES ACT. 7 & 8 Geo. 4, c. 30. 7 & 8 G. 4, c. 30. Sect. XI. And be it enacted, That if any person shall ex- Exhibiting false hibit any false light or signal, with intent to bring any ship or signals to a ship, vessel into danger, or shall unlawfully and maliciously do &c.; destroying any a shipwrecked thing tending to the immediate loss or destruction of any ship vessel or cargo, or vessel in distress, or destroy any part of any ship or vessel &c. |