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male under 16 to be once whipped, who with intent to injure or endanger the safety of any person on any railway,

(a.) Does any act calculated to interfere with or directly or indirectly to cause injury to any carriage, engine, or truck thereon, or 5 (b.) Throws anything at, into, or upon, or causes anything to come into contact with any such thing or person, or

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(c.) Deals in any way with any signal or light on or near to the railway.

SECTION 154.

PREVENTING ESCAPE FROM WRECK.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for life, who unlawfully and intentionally prevents or impedes any person on board of or having quitted any ship or vessel in distress, wrecked, stranded, 15 or cast on shore in his endeavour to save his life, or unlawfully and intentionally prevents or impedes any person in his endeavour to save the life of any person so situated.

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SECTION 155.

STRIKING PERSONS PROTECTING WRECK.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to seven years penal servitude, who unlawfully and intentionally strikes or wounds any magistrate, officer, or other person lawfully authorised in or on account of the execution of his duty in or concerning the preservation of any 25 vessel in distress, or of any vessel or goods or effects wrecked, stranded, or cast on shore or lying under water.

SECTION 156.

ADMINISTERING POISON.

(a.) Everyone shall be guilty of an indictable offence, and shall be 30 liable upon conviction thereof to five years penal servitude who unlawfully, knowingly, and intentionally administers to or causes to be administered to or taken by any other person any poison or other destructive or noxious thing, although no injury may be inflicted thereby.

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(b.) If by any such offence the life of any person is endangered, or any grievous bodily harm is inflicted on any person, the offender shall be liable to ten years penal servitude.

A.D. 1878.

A.D. 1878.

SECTION 157.

CAUSING ACTUAL BODILY HARM.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to five years penal servitude, who unlawfully and voluntarily wounds or otherwise causes actual bodily 5 harm to any other person, either by any act or by any intentional omission to discharge any legal duty.

SECTION 158.

SETTING MAN-TRAPS AND SPRING GUNS.

Everyone shall be guilty of an indictable offence, and shall be 10 liable upon conviction thereof to five years penal servitude

(a.) who sets any spring-gun, man-trap, or other engine calculated to destroy human life or inflict grievous bodily harm, with the intent that the same may destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith; or 15 (b.) who, when any of the engines mentioned in subsection (a) has been set by any other person in any place then in or afterwards coming into his possession or occupation, permits it to continue so set with the intent aforesaid.

Provided that this enactment shall not extend to any gin or trap 20 usually set with the intent of destroying vermin, or to any springgun, man-trap, or engine, set from sunset to sunrise in a dwellinghouse for the protection thereof.

SECTION 159.

MAIMING ONESELF OR ANOTHER BY CONSENT.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard labour, who, for any purpose injurious to the public, maims himself, or maims any other person by his consent.

SECTION 160.

NEGLIGENT ACTS PUNISHABLE WITH TWO YEARS IMPRISONMENT.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to two years imprisonment with hard labour;

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(a.) Who by any unlawful act, or by any omission to discharge 35 any legal duty amounting to culpable negligence does or causes to be done any bodily harm to any person, or endangers the life of any person; or

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Who by any such act or omission as aforesaid endangers the A.D. 1878. safety of any person conveyed or being upon any railway.

Whether any particular omission to discharge a legal duty amounts to culpable negligence shall be a question of fact.

CHAPTER XXII.

ASSAULTS AND INTIMIDATION.

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SECTION 161.

ASSAULT DEFINED.-PUNISHMENT OF ASSAULTS.

An assault is

(a.) The act of applying unlawfully and voluntarily any the least actual force to the person of another, or to the dress worn by him, directly or indirectly.

(b.) An attempt unlawfully to apply any the least actual force to the person of another directly or indirectly;

(c.) The act of using a gesture towards another giving him reasonable grounds to believe that the person using that gesture means to apply to his person such actual force as aforesaid;

(d.) The act of unlawfully and voluntarily depriving another of his liberty,

in either case without the consent of the person assaulted, or with such consent if it is obtained by fraud.

Provided that such acts as are reasonably necessary for the common intercourse of life are not assaults if they are done for the purpose of such intercourse only and with no greater force than the occasion 25 requires.

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Everyone who commits an assault shall be guilty of an indictable offence, and shall be liable on conviction thereof to one year's imprisonment and hard labour or to simple imprisonment.

SECTION 162.

PUNISHMENT OF ASSAULTS WITH INTENT TO COMMIT SODOMY.

Everyone shall be guilty of an indictable offence, and shall be liable upon conviction thereof to ten years penal servitude, who is guilty of any assault with intent to commit sodomy, or being a male of any indecent assault upon any male person.

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ASSAULTS PUNISHABLE WITH TWO YEARS IMPRISONMENT.

Every person shall be guilty of an indictable offence, and shall be liable upon conviction thereof to two years imprisonment and hard labour,

(a.) Who indecently assaults any female, or

(b.) Who assaults any person with intent to commit an indictable offence or to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence, or to rescue any person from lawful custody.

(c.) Or who assaults, resists, or wilfully obstructs any peace officer in the due execution of his duty, or any person acting in aid of such officer.

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Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to be fined twenty pounds, or to be imprisoned with hard labour for three months, who does or conspires with any other person to do to do any of the following things; (that is to say,)— Who with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing wrongfully and without legal authority, (i.) Uses violence to or intimidates such other person or his wife or children, or injures his property; or,

(ii.) Persistently follows such other person about from place to place; or,

(iii.) Hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof; or,

(iv.) Watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place; or, (v.) Follows such other person with two or more other persons in a disorderly manner in or through any street or road. Attending at or near the house or place where a person resides or works, or carries on business, or happens to be, or the approach to such house or place, in order merely to obtain or communicate information, shall not be deemed a watching or besetting within the meaning of this section.

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No one shall be proceeded against under this section unless he has A.D. 1878. been proceeded against as for a summary offence under the Conspiracy and Protection of Property Act, 1875, and has declared that he objects to being tried for such offence by a court of summary 5 jurisdiction.

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Rape is the act of having carnal knowledge of a woman without her conscious permission, or with her conscious permission if such permission is either extorted by force or fear of bodily harm, or obtained by personating her husband or by falsely pretending that 15 the act is necessary or will be advantageous to her for any medical or surgical purpose.

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Provided that a woman shall not be deemed to have consented to any violence preceding or following the act of carnal knowledge only because she consented to such carnal knowledge.

Provided that a husband cannot commit rape upon his wife by carnally knowing her himself, though he may do so by compelling her to be so known by any other person.

Provided also, that there shall henceforth be no presumption of law as to the age at which a boy becomes capable of committing

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The expression "carnal knowledge" wherever it is used in this Act means the penetration of the organ known to any the least degree by the male organ of generation.

SECTION 166.

30 PUNISHMENT OF RAPE AND CARNAL KNOWLEDGE OF GIRLS UNDER TWELVE.

Everyone shall be guilty of an indictable offence and shall be liable upon conviction thereof to penal servitude for life, who

(a.) Commits rape; or

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