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PERSONATING
WOMAN'S
HUSBAND.

INTERCOURSE

WITH WOMAN
ASLEEP.

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crime to obtain a woman's consent by personating her husband, or for one not being the woman's husband, to take possession of her person while asleep. Charges of" Fraudulently and deceitfully obtaining access to "and having carnal knowledge of a married woman, "by pretending to be her husband, and behaving to"wards her so as to deceive her into the belief that " he was her husband (1), and of wickedly and feloniously having carnal knowledge of a woman when asleep, and without her consent, by a man not her husband" (2), have been held relevant. In this last case the words "by a man not her husband" are not to be understood as implying that the offence cannot be committed on an unmarried female. The object of inserting these words is to make the charge involve necessarily a point of dittay, and they apply equally to an unmarried as to a married woman--the man who takes this advantage of her is "not her "husband" (3).

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SCOPE OF TERM
ABDUCTION.

ABDUCTION.

It is a crime to carry off and confine any person forcibly, and without lawful authority; to abduct women for the purposes of rape or marriage (4), or to carry off voters to control elections (5), or witnesses to

1 Will. Fraser, H.C., June 21st and July 12th 1847; Ark 280 and 329.

2 Chas. Sweenie, H.C., June 18th 1858; 3 Irv. 109 and 31 S.J. 24. -Will. M'Ewan or Palmer, Dumfries, Sept. 26th 1862; 4 Irv. 227.

3 Will. Thomson, H. C., Oct. 28th 1872; 2 Couper 346 and 45 S.J. 19 and 10 S.L.R. 23.

4 Hume i. 310, 311, and cases of Carnegie: Gray and others: and M'Gregor there.-Alison i. 226, 227. By Act 1612, c. 4, where there was abduction and rape, the

woman's subsequent acquiescence barred a capital sentence, though not an arbitrary punishment. But it is usual in every case at the present day to restrict the pains of law in the case of rape, so that this statute is of no importance.

5 Alison i. 642, 643, and cases of Lindsay and others: Taylor: and M'Lachlan and others there.-Malpractices to prevent voters from exercising their rights, including abduction, are made punishable by fine or imprisonment by 17 and 18 Vict., c. 102, § 5.-See John

ABDUCTION.

suppress evidence, or even to carry off and detain, from SCOPE OF TERM mere motives of spite, any person whatever (1).

The punishment is penal servitude or imprison- PUNISHMENT. ment (2).

CRUEL AND UNNATURAL TREATMENT
OF PERSONS.

MENT.

narrow place.

Although the law cannot take cognisance of those CRUEL TREATunkindnesses which are only constructively cruel (3), though often as fatal as direct violence, still wherever any one grossly violates the duty of properly treating persons under his care or in his power, the law can reach and punish him, even though no act has been done which amounts to an assault. Thus confining a Confining in a person in a narrow closet for a long time, and not permitting or giving the means of cleanliness (4), or Exposing a sick exposing a person in a helpless state from severe sickness, and unable to resist, in inclement weather (5), or withholding from children or weak persons Withholding nourishment and clothing suitable to the condition of the parent or custodier, or habitually exposing them Exposing to cold. to severe cold, confining them in outhouses in winter, or compelling them to leave shelter, and expose themselves to severe weather without nourishment or proper

Douglas and Jas. Irving, H. C., July 2d 1866; 5 Irv. 265 and 2 S. L.R. 181.

1 Sam. M'Lachlan, Nov. 21st 1831; Bell's Notes 86. It might not be safe to charge such offences under the general nomen juris "ab duction" without some additional specification.

2 As regards abduction of voters vide 17 and 18 Vict. c. 102 § 5.

3 See the opinions of the Judges

in Rob. Watt and Jas. Kerr, H.C.,
Nov. 9th, 23d, and 25th 1868; 1
Couper 123 and 41 S.J. 91 and 6
S.L.R. 135.

4 Will. Fairweather and Ann
Young or Fairweather, Perth,
April 25th 1842; 1 Broun 309 and
Bell's Notes 82.-Geo. Fay, Glas-
gow, Dec. 27th 1847; Ark. 397.

5 Peter M'Manimy and Peter Higgans, H.C., June 28th 1847; Ark. 321.

person.

nourishment.

CRUEL TREAT-
MENT.

Apprentices.

AGGRAVATIONS.

PUNISHMENT.

clothing, or the like (1), are all acts which, singly or combined, have been held criminal.

By Statute (2) it is an offence for a master, who has a duty to provide food or clothing, medical aid or lodging for an apprentice, to refuse or neglect such duty, so as to injure, or to be likely to injure, health seriously or permanently.

Such offences are aggravated where the person committing them is the natural custodier of the suf ferer, or where severe or permanent injury has been sustained, or the mind been weakened or destroyed (3). The punishment is either imprisonment or penal servitude according to the circumstances. In the statutory case of apprentices, the offender is liable to imprisonment not exceeding six months, with or without hard labour.

A CRIME, THOUGH
NO INJURY
ENSUE.

EXPOSING AND DESERTING INFANTS OR
PLACING THEM IN DANGER.

To expose and desert an infant is an offence, though no evil consequences happen (4). Whatever injuries If death ensue it happen aggravate the offence, and if death ensue this

is culpable homi

cide or murder. will raise the guilt to culpable homicide (5), or possibly even to murder (6). It is criminal wilfully to

1 Isabella Lambert, March 11th 1839; Bell's Notes 81.-John Craw and Mary Bee or Craw, H.C., Nov. 8th 1839; 2 Swin. 449 and Bell's Notes 81.-John Robertson, March 15th 1841; Bell's Notes 82.-David and Janet Gemmell, H.C., June 5th 1841; 2 Swin. 552 and Bell's Notes 82.-Case of Fairweather supra.-Catherine M'Gavin, H.C., May 11th 1846; Ark. 67.-Rob. Watt and Jas. Kerr, H.C., Nov. 9th, 23d, and 25th, 1868; 1 Couper 123 and 41 S.J. 91 and 6 S.L.R. 135.

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NO INJURY

danger.

place a child in a situation of danger to its life, A CRIME, THOUGH although strictly speaking there be no desertion. ENSUE. Where a mother placed her child in a basket and Placing child in sent it as a parcel by rail without informing the railway officials that there was a child in it, or giving the child into any one's charge, the Court held that such an act was punishable (1).

The punishment is arbitrary.

DRUGGING WITH FELONIOUS INTENT.

PUNISHMENT.

The administration of stupefying drugs though not DRUGGING. to kill or facilitate a rape, may be a crime. Where they are administered so as to stupefy and deprive of consciousness, though there be no further intention of evil, or no damage result, this of itself is sufficient to constitute an offence unless done for lawful purposes.

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Wilfully and maliciously or culpably and recklessly "administering to or causing to be taken (or inhaled) "by any of the lieges, any stupefying drug (or vapour), whereby they are reduced to a state of unconsciousness or stupor," or some similar statement, would probably be held a relevant charge. No case has as yet occurred in which the act stood alone, the prosecutor having always been able to add a charge of actual injury to the person, or of intent, such as intent Generally comto steal the property of the person stupefied (2), or injury or a intent to prevent "any of the lieges from following "their lawful business, or exercising their political "rights" (3), and similar charges. To a certain extent these cases bear out the relevancy of such a charge as that supposed, the injury or intent being generally alleged as aggravations, preceded by "espe

1 Rachel Gibson, Glasgow, Jan. 8th 1845; 2 Broun 366.

2 Alison i. 629.-David Wilson and others, Dec. 22d 1828; Bell's Notes 22.-John Stuart and Cathe

rine Wright or Stuart, H.C., July
14th 1829; Bell's Notes 22.

3 Alex. Mitchell, Aberdeen, April
1833; Bell's Notes 90.

bined with an

felonious intent.

DRUGGING.

PUNISHMENT.

cially."

But at the time when these cases occurred, the word "especially" was sometimes used not as heading an aggravation, but as synonymous with "par"ticularly," and therefore they would probably not be held to establish such a charge by precedent. But it seems impossible to doubt its relevancy.

The punishment is either imprisonment or penal servitude.

OPPRESSION.

be committed.

Oppression generally charged as aggravation.

OPPRESSION UNDER COLOUR OF LAW.

Judges or other officials commit crime if they use their office to oppress the lieges. And the same holds of a private party who, under colour of law, uses Overt act must oppressive proceedings (1). Of course there must be acts manifestly indicating intent to oppress, in order to constitute a relevant charge (2.) Such prosecutions are not likely to occur at the present day, except in the case of inferior officers, or of private individuals falsely pretending to have legal authority. And in such cases the oppressive conduct, under colour of law, may often be charged as an aggravation of another offence, for the oppression generally forms only an element of a more extended charge. For example, in one case assault was charged as aggravated by being committed by an officer of the law upon a prisoner under his charge, to extort a confession (3). And in another case the charge was combined with one of extortion the wickedly and feloniously obtaining "of goods or money by extortion and oppression "of the lieges; more particularly the wickedly and "feloniously extorting of goods from the lieges without

1 Many offences of this class partake of the character of fraud, but are noticed here, as being truly personal injuries.

2 Humo i. 408, 409, and Cases of Fife and Kennedy and Nimmo

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there.-Alison i. 632, 633.-Alex. Waddell and others, H.C., Jan. 19th 1829; Bell's Notes 92.

3 Alex. Findlater and Jas Macdougall, Glasgow, Jan. 9th 1841; 2 Swin. 527 and Bell's Notes 92.

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