Abduction of
a woman
against her will from motives of lucre.
Fraudulent abduction of a girl against
the will of her father and
mother, &c.
Offender incapable of taking any of her property
Forcible
any wemau
16. (1.) When any woman of any age has any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate or is a presumptive heiress or coheiress or presumptive next of kin, or one of the presumptive next of kin, to anyone having such interest, every person who, from motives of lucre, takes away or detains 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 every person who fraudulently allures, takes away, or detains 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 to be imprisoned for any term not exceeding fourteen years, with or without hard labour.
(2.) Every person, who is convicted of any offence against sub-section (1) of 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 has any such interest, or which comes to her as such heiress, coheiress, or next of kin as aforesaid; and, if any such marriage as aforesaid has taken place, such property shall, upon such conviction, be settled in such manner as the Supreme Court shall, upon any information at the suit of the Attorney-General, appoint.
17. Every person who by force takes away or detains 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 to be imprisoned for any term not exceeding fourteen years, with or without hard labour.
Abduction of
a girl under sixteen years of age.
18. Every person 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, shall be guilty of a misdemeanour.
Presumption 19. When a person is charged with an offence under this Ordinance, or under sections 25 or 51 of Ordinance 4 of 1865, in respect of a girl or child who is alleged in the charge or information to be under any specified age, and such girl or child appears to the presiding Judge or Magistrate to be under that age, such girl or child shall, for the purposes of the enactment under which the charge is brought, be deemed to be under that age, unless the contrary is proved.
20. Every person charged with any offence under this Ordinance and the husband or wife of the person so charged shall be competent but not compellable witnesses on every hearing at every stage of such charge.
Person
husband or wife to be
competent
witnesses.
No certiorari
for want of form.
21. No summary conviction under this Ordinance shall be quashed for want of form, or be removed by certiorari, and no warrant of commitment shall be held void by reason of any defect therein provided it be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same.
Punishment for offences.
Punishment
subsequent convictions,
22. Every person who is convicted of any misdemeanour under this Ordinance shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour: Provided always that if the case is determined by a single Magistrate instead of being sent for trial he shall not impose a heavier sentence than one year's imprisonment with or without hard labour, and that where there appears a necessity for a heavier sentence, the case shall be committed for trial at the Supreme Court.
23. (1) Whenever any person is Convicted either summarily or before the Supreme Court of any offence against any of the provisions of sections 3 to 14, both inclusive, of this Ordinance, if it is proved that the offender has been previously convicted, either summarily or before the Supreme Court, of an offence under the same or any other of the said sections of this Ordinance, or under the corresponding provisions of any Ordinance hereby repealed, it shall be lawful for the Magistrate or Court, in its discretion, to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be once privately whipped, subject to the provisions of the law regulating whipping in force at the time of such direction.
(2.) The provisions of section 94 of Ordinance No. of 1865, relating to the form of information for a subsequent offence and proceedings thereon, shall apply to offences punishable under this Ordinance.
24. No parent or person acting in the place of a parent who has voluntarily parted with a girl for the purpose of adoption into another family, or who has received money for the parting with the custody of such girl for any other purpose, shall be deemed to be entitled as of right to the custody of such girl as her parent or as the person acting in the place of her parent.
PART II.
POWERS OF REGISTRAR GENERAL.
de.
25. Whenever the Registrar General has reason to believe—
(1) That any woman or girl has been brought into the Colony either after having been purchased or by force, intimidation, fraud, misrepresentation or any false pretence—
(a.) for immoral purposes, or
(b.) for purposes of emigration; or
(2.) That any woman or girl has been purchased in the Colony with a view of being trained or disposed of as a prostitute, or is being detained against her will—
(a) for immoral purposes, or
(b.) for purposes of emigration; or
(c.) That in any case within sub-section 1 or 2 any woman or girl, from fear, ignorance, or any other cause is unwilling or unable to disclose the true circumstances of the case;
he may inquire into the case, and may require any person in whose custody or under whose control she appears to be to furnish a photograph of such woman or girl and security in a reasonable amount, to the satisfaction of the Registrar General, that such woman or girl shall not leave the Colony without the previous consent in writing of the Registrar General, that she shall not be trained or disposed of as a prostitute or for immoral purposes, and that she shall be produced before the Registrar General whenever he so requires.
General.
26. (1.) In default of such photograph and security being furnished, the Registrar General may, by warrant under his hand, order that such woman or girl be removed to a place of safety where she shall remain until she can be returned to the place whence she was brought or other proper provision can be made for the protection of her interests and liberty.
(2.) The security to be furnished under this section shall be a personal bond, with one or more sureties in the form specified in the first Schedule to this Ordinance, or in such other form as is for the time being prescribed by the Governor in Council.
27. (1.) The Registrar General, if after due inquiry he is satisfied that any girl is being used for immoral purposes or is being trained for such purposes and that such girl is under the age of sixteen years, may by warrant under his hand and seal, order such girl to be removed to a place of refuge where she shall be detained until further order or until she attains the age of nineteen years or marries or is adopted, whichever event first happens.
(2) A girl found living in or frequenting a brothel shall be deemed to be a girl who is being trained for immoral purposes.
28. (1) Every woman or girl residing in such place of refuge as is referred to in the last preceding section shall be subject to such rules and regulations as may be made by the Governor in Council, and every woman or girl who, contrary to such rules and regulations, leaves any such place of refuge in which she is residing may be arrested and taken back to such place by any Police Officer or by any Officer appointed under this Ordinance and specially authorized by the Registrar General in writing in that behalf.
(2.) Every person who induces or assists any woman or girl so detained as aforesaid to leave, contrary to such rules and regulations as aforesaid, the place of refuge in which she is residing, or knowingly harbours any such woman or girl shall, upon conviction before a Magistrate, be liable to a fine...
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