CO882-6 — Page 18

PUBLIC RECORD OFFICE

Reference :--

C.O. 882

6

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED, PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Abduction

against her

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(2.) Every man who induces a married woman to permit him to have carnal con- nexion with her by personating her husband shall be deemed to be guilty of rape.

16. (1.) When any woman of any age has any interest, whether legal or equitable, of a woman present or future, absolute, conditional, or contingent, in any real or personal estate or will from is a presumptive heiress or coheiress or presumptive next of kin, or one of the presump- motives of tive next of kin, to anyone having such interest, every person who, from motives of Jucre,

Frandu-

lent abduc. tion of a

girl against

her father

and

lucre, takes away or detains such woman against her will, with intent to marry or car- nally 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 the will of intent to marry or carnally know her, or to cause her to be married or carnally, known by any o her person, shall be guilty of felony, and, being convicted thereof, shall be liable mother, &c. to be imprisoned for any term not exceeding fourteen years, with or without hard labour. Offender (2.) Every person who is convicted of any offence against sub-section (1) of this incapable 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.

of taking any of her property.

Forcible:

17. Every person who by force takes away or detains against her will any woman abduction 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 iraprisoned for any term fot exceeding fourteen years, with marry her, or without hard labour.

of any wo- man with intent to

Abduction of a girl under six-

teen years

of age.

Presump- tion as to the age of girl or

child.

Person

charged

and hur-

band or wife to be

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.

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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 an offence under this Ordinance and the husband or wife of the person so charged shall be competent but not compellable witnesses on competent every hearing at every stage of such charge.

witnesses.

No

certiorari

or quash

ing for

want of form. Punish-

ment for offences.

Punish- ment of

whipping and subse quent con-

on second

victiona.

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.

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 in- stead of being in his discretion 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 or any Ordi- nance 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 whip- ping in force at the time of such direction.

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(2.) The provisions of section 94 of Ordinance No. 7 of 1865, relating to the form Procedure of information for a subsequent offence and proceedings thereon, shall apply to offences for sub- punishable under this Ordinance.

sequent offence.

24. No parent or person acting in the place of a parent who has voluntarily parted Custody of

adopted with a girl for the purpose of adoption into another family, or who has received money

girls, &c. 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.

Powers of Registrar

25.

Whenever the Registrar General has reason to believe-

(1.) That any woman or girl has been brought into the Colony either after having General. been purchased or by force, intimidation, fraud, mis-representation, 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

(3.) That in any case within sub-section 1 or 2 any woman or girl, from fear, g- norance, 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 when- ever he so requires.

26. (1.) In default of such photograph and security being furnished, the Registrar Removal of General may, by warrant under his hand, order that such woman or girl be removed to woman or

girl to a place of safety where she shall remain until she can be returned to the place whence

place of she was brought or other proper provision can be made for the protection of her interests safety in and liberty.

default of photo-

graph and

(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, er in security. such other form as is for the time being prescribed by the Governor in Council.

refuge.

27. (1.) The Registrar General, if after due inquiry he is satisfied that any girl is Order for being used for immoral purposes or is being trained for such purposes and that such girl removal to

place of 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 Rules for the last preceding section shall be subject to such rules and regulations as may be women made by the Governor in Council, and every woman or girl who, contrary to such rules and girls

refuge. 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.

woman or

(2.) Every person who induces or assists any woman or girl so detained as aforesaid Penalty for to leave, contrary to such rules and regulations as aforesaid, the place of refuge in which inducing she is residing, or knowingly harbours any such woman or girl shall, upon conviction rating before a magistrate, be liable to a fine not exceeding one hundred dollars, or to impri- girl to sonment with or without hard labour for any term not exceeding three months.

rofuge.

13 7

1

leave

D