| CHAPTER C. |
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| An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person.[1] [6th August 1861.] |
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| [Preamble.] |
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| Homicide. |
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Murder. |
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Sentence for murder. |
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Body to be buried in prison. |
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Conspiring or soliciting to commit murder. |
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Manslaughter. |
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Indictment for murder or manslaughter. |
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Excusable homicide. |
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Petit treason. 9 Geo. 4. c. 31. |
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Murder or manslaughter abroad. |
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Provision for the trial of murder and manslaughter where the death or cause of death only happens in England or Ireland. |
| Attempts to murder. |
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Administering poison, or wounding, with intent to murder. |
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Destroying or damaging a building with gunpowder, with intent to murder. |
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Setting fire to or casting away a ship, with intent to murder. |
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Attempting to administer poison, or shooting or attempting to shoot, or attempting to drown, &c., with intent to murder. |
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By any other means attempting to commit murder. |
| Letters threatening to murder. |
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Sending letters threatening to murder. |
| Acts causing or tending to cause Danger to Life or Bodily Harm. |
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Impeding a person endeavouring to save himself or another from ship-wreck. |
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Shooting or attempting to shoot, or wounding, with intent to do grievous bodily harm, or to resist apprehension. |
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What shall constitute loaded arms. |
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Inflicting bodily injury, with or without weapon. |
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Attempting to choke, &c., in order to commit or assist in the committing of any indictable offence. |
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Using chloroform, &c., to commit or assist in the committing of any indictable offence. |
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Maliciously administering poison, &c. so as to endanger life or inflict grievous bodily harm. |
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Maliciously administering poison, &c., with intent to injure, aggrieve, or annoy any other person. |
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Person charged with felony under sect. 23 may be found guilty of misdemeanor under sect. 24. |
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Not providing apprentices or servants with food, &c., or doing bodily harm, whereby life is endangered, or health permanently injured. |
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Exposing child, whereby life is endangered, or health permanently injured. |
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Causing bodily injury by gunpowder. |
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Causing gunpowder to explode, or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grievous bodily harm. |
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Placing gunpowder near a building, &c., with intent to do bodily injury to any person. |
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Setting spring guns, &c., with intent to inflict grievous bodily harm, or allowing the same to remain. Proviso as to traps for vermin, and spring guns, &c. se at night for protection of dwelling-houses. |
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Placing wood, &c. on railway, taking up rails, turning points, showing or hiding signals, &c., with intend to endanger passengers. |
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Casting stone, &c. upon a railway carriage, with intent to endanger the safety of any person therein, or in any part of the same train. |
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Doing or omitting anything so as to endanger passengers by railway. |
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Drivers of carriages injuring persons by furious driving. |
| Assaults. |
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Obstructing or assaulting a clergyman or other minister in the discharge of his duties in place of worship or burial place, or on his way thither. |
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Assaulting a magistrate, &c. on account of his preserving wreck. |
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Assault with intent to commit felony, or on peace officers, &c. |
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Assaults with intent to obstruct the sale of grain, or its free passage. Summary proceedings. |
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Assaults on seamen, &c. Summary proceedings. |
| [S. 41 rep. 34 & 35 Vict. c. 32. s. 7.] |
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Persons committing any common assault or battery may be imprisoned or compelled by two magistrates to pay fine and costs not exceeding 5_l_. |
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Persons convicted of aggravated assaults on females and boys under fourteen years of age may be imprisoned or fined, and bound over to keep the peace. |
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If the magistrates shall dismiss any complaint of assault or battery, they shall make out a certificate to that effect. |
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Certificate or conviction shall be a bar to any other proceedings. |
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These provisions not to apply to certain cases. |
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Assault occasioning bodily harm. Common assault. |
| Rape, Abduction, and Defilement of Women. |
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Rape. |
| [S. 49 rep. 48 & 49 Vict. c. 69. s. 19. Ss. 50, 51 rep. 38 & 39 Vict. c. 94. s. 2.] |
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Indecent assault upon a female. |
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Abduction of a woman against her will, from motives of lucre. Fraudulent abduction of a girl under age against the will of her father, &c. Offender incapable of taking any of the property of the woman abducted. In case of marriage, property to be settled by Court of Chancery. |
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Forcible abduction of any woman with intent to marry or carnally know her, &c. |
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Abduction of a girl under sixteen years of age. |
| Child-stealing. |
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Child-stealing, or receiving stolen child. |
| Bigamy. |
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Bigamy. Offence may be dealt with where offender shall be apprehended. Nothing herein contained to extend to second marriages in the cases herein mentioned. |
| Attempts to procure Abortion. |
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Administering drugs or using instruments to procure abortion. |
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Procuring drugs, &c. to cause abortion. |
| Concealing the Birth of a Child. |
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Concealing the birth of a child. Conviction for concealment of birth on trial for murder of child. |
| Unnatural Offences. |
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Sodomy and bestiality. |
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Attempt to commit an infamous crime. |
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Carnal knowledge defined. |
| Making Gunpowder to commit Offences, and searching for the same. |
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Making or having gunpowder, &c., with intent to commit or enable any person to commit any felony mentioned in this Act. |
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Justices may issue warrants for searching houses, &c. in which explosive substances are suspected to be made or kept for use in committing any felonies mentioned in this Act. 23 & 24 Vict. c. 139. |
| Other Matters. |
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A person loitering at night, and suspected of any felony against this Act, may be apprehended. |
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Punishment of principals in the second degree, and accessories. Abettors in misdemeanors. |
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Offences committed within the jurisdiction of the Admiralty. |
| [S. 69 rep. 55 & 56 Vict. c. 19. (S.L.R.)] |
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Whipping. |
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Fine, and sureties for keeping the peace; in what cases. |
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No certiorari, &c. |
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Guardians and overseers may be required to prosecute in certain cases of offences against this Act. Costs of prosecution. Clerk of guardians may be bound over to prosecute. |
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On a conviction for assault the court may order payment of the prosecutor’s costs by the defendant. |
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Such costs may be levied by distress. |
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Summary proceedings. 11 & 12 Vict. c. 43. 14 & 15 Vict. c. 93. Saving for London and the Metropolitan Police District. |
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Costs of prosecution. |
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Extent of Act. |
| [S. 79 rep. 55 & 56 Vict. c. 19. (S.L.R.)] |
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| [1 Short title, “The Offences against the Person Act, 1861.” See 55 & 56 Vict. c. 10.] [1 9 Geo. 4. c. 31, which is rep. 24 & 25 Vict. c. 95. s. 1. came into operation 1 July 1828.] [1 23 & 24 Vict. c. 139. is rep. 38 & 39 Vict. c. 17. s. 122; but see s. 86 of that Act.] |
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