Page:Offences Against the Person Ordinance (4 of 1865).pdf/7

 Rh 47. Where any Woman of any Age shall have any Interest whether legal or equitable, present or future, absolute, conditional, or contingent, in any Real or Personal Estate or shall be a presumptive Heiress or Coheiress or presumptive Next of Kin, or it of the presumptive Next of kin, to any one having such Interest, whosoever shall, from Motives of Lucre, take away or detain such Woman against her Will, with Intent to marry or carnally know her, or to cause her to be married or carnally known by any other Person; and whosoever shall fraudulently allure, take away, or detain such Woman, being under the Age of Twenty-one 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, with Intent to marry or carnally know her, or to cause her to be married or carnally known by any other Person, shall be guilty of Felony, and, being convicted thereof, shall be liable at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour; and whosoever shall be convicted of any Offence against this Section, shall be incapable of taking any Estate or Interest, legal or equitable, in any Real or Personal Estate of such Woman, or in which she shall have any such Interest, or which shall come to her as such Heiress, Coheiress, or Nest of Kin as aforesaid; and if any such Marriage as aforesaid shall have taken place, such Property shall, upon such Conviction, be settled in such Manner as the Supreme Court in this Colony sitting in its Equity Jurisdiction shall, upon any Information at the Suit of the Attorney General, appoint.

48. Whosoever shall, by Force, take away or detain against her Will any Woman of any Age, with Intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years with or without Hard Labour.

49. Whosoever shall unlawfully take or cause to be taken any unmarried Girl, being under the Age of Sixteen Years cut of the Possession and against the Will of her Father and Mother, or of any other Person having the lawful Care or Charge of her, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour. Forcible Taking or Detention.

50. Whosoever, shall, by Force, take away or detain against his Will any Man or Boy, Woman or Female Child with Intent to sell him or her or to procure a Ransom or Benefit for his or her Liberation, shall be guilty of Felony and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years with or without Hard Labour. Child Stealing.

51. Whosoever shall unlawfully, either by Force or Fraud, lead or take away, or decoy or entice away or detain any Child under the Age of Fourteen Years, with Intent to deprive any Parent, Guardian, or 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 whosoever such Article may belong, and whosoever shall, with any such Intent, receive or harbour any such Child, knowing the same to have been, by Force or Fraud, led, taken, decoyed, enticed away, or detained as in this Section before-mentioned, shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and, if a Male under the Age of Sixteen Years, with or without Whipping: Provided, that no Person who shall have claimed any Right to the Possession of such Child, or shall be the Mother or shall have claimed to be the Father of an illegitimate Child, shall be liable to be prosecuted by virtue hereof on account of the getting Possession of such Child, or taking such Child out of the Possession of any Person having the lawful Charge thereof. Bigamy.

52. Whosoever, 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 this elsewhere, shall be guilty of Felony, and, being convicted thereof, shall be