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OFFENCES AGAINST THE PERSON ACT 1861

OFFENCES AGAINST THE PERSON ACT 1861 - LONG TITLE

An Act to consolidate and amend the Statute Law of . . . Ireland
relating to Offences against the Person.{1}
[6th August 1861]
Preamble rep. by SLR 1892

S.1 rep. by 1973 c.53 s.31 sch.5. Ss.2, 3 rep. by 1966 c.20 (NI)
s.10(3)

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 4
Conspiring or soliciting to commit murder.

4. All persons who shall conspire, confederate, and agree to murder
any person, whether he be a subject of Her Majesty or not, and
whether he be within the Queen's dominions or not, and whosoever
shall solicit, encourage, persuade, or endeavour to persuade, or
shall propose to any person, to murder any other person, whether he
be a subject of Her Majesty or not, and whether he be within the
Queen's dominions or not, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable ... to [imprisonment for
life].

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 5
Manslaughter.

5. Whosever shall be convicted of manslaughter shall be liable, at
the discretion of the court, to be kept in penal servitude for
life ....

S.6 rep. by 1945 c.16 (NI) s.9(3) sch.2. Ss.7, 8 rep. by 1967
c.18 (NI) s.15(2) sch.2. Pt.I

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 9
Murder or manslaughter abroad.

9. Where any murder or manslaughter shall be committed on land out
of the United Kingdom, whether within the Queen's dominions or
without, and whether the person killed were a subject of Her
Majesty or not, every offence committed by any subject of Her
Majesty in respect of any such case, whether the same shall amount
to the offence of murder or of manslaughter, ... may be dealt
with, inquired of, tried, determined, and punished ... in ...
Ireland ...: Provided, that nothing herein contained shall prevent
any person from being tried in any place out of ... Ireland for
any murder or manslaughter committed out of Ireland, in the same
manner as such person might have been tried before the passing of
this Act.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 10
Provision for the trial of murder and manslaughter where the death
or cause of death only happens in England or Ireland.

10. Where any person being [criminally] stricken, poisoned, or
otherwise hurt upon the sea, or at any place out of England or
Ireland, shall die of such stroke, poisoning, or hurt in England or
Ireland, or, being [criminally] stricken, poisoned, or otherwise hurt
in any place in England or Ireland, shall die of such stroke,
poisoning, or hurt upon the sea, or at any place out of England
or Ireland, every offence committed in respect of any such case,
whether the same shall amount to the offence of murder or of
manslaughter, ... may be dealt with, inquired of, tried, determined,
and punished ... in England or Ireland ....

Ss.1115 rep. by SLR 1892; SLR 1893 (No.2); 1967 c.18 (NI) s.15(2)
sch.2 Pt.II

Threats to kill.

[

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 16

16. A person who without lawful excuse makes to another a threat,
intending that that other would fear it would be carried out, to
kill that other or a third person shall be guilty of an offence
and liable on conviction on indictment to imprisonment for a term
not exceeding ten years.]

Impeding a person endeavouring to save himself or another from
shipwreck.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 17

17. Whosoever shall unlawfully and maliciously prevent or impede any
person, being on board of or having quitted any ship or vessel
which shall be in distress, or wrecked, stranded, or cast on shore,
in his endeavour to save his life, or shall unlawfully and
maliciously prevent or impede any person in his endeavour to save
the life of any such person as in this section first aforesaid,
shall be guilty of felony, and being convicted thereof shall be
liable ... to be kept in penal servitude for life ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 18
Wounding, with intent to do grievous bodily harm, or to resist
apprehension.

18. Whosoever shall unlawfully and maliciously by any means
whatsoever wound or cause any grievous bodily harm to any person,
... with intent, ... to do some ... grievous bodily harm to any
person, or with intent to resist or prevent the lawful apprehension
or detainer of any person, shall be guilty of felony, and being
convicted thereof shall be liable ... to be kept in penal servitude
for life ....

S.19 rep. by 1967 c.18 (NI) s.15(2) sch.2 Pt.II

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 20
Inflicting bodily injury, with or without weapon.

20. Whosoever shall unlawfully and maliciously wound or inflict any
grievous bodily harm upon any other person, either with or without
any weapon or instrument, shall be guilty of a misdemeanor, and,
being convicted thereof shall be liable ... to be kept in penal
servitude ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 21
Attempting to choke, &c., in order to commit or assist in the
committing of any indictable offence.

21. Whosoever shall, by any means whatsoever, attempt to choke,
suffocate, or strangle any other person, or shall by any means
calculated to choke, suffocate, or strangle, attempt to render any
other person insensible, unconscious, or incapable of resistance, with
intent in any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases thereby to
assist any other person in committing, any indictable offence shall
be guilty of felony, and being convicted thereof shall be liable
... to be kept in penal servitude for life ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 22
Using chloroform, &c., to commit or assist in the committing of any
indictable offence.

22. Whosoever shall unlawfully apply or administer to or cause to
be taken by, or attempt to apply or administer to or attempt to
cause to be administered to or taken by, any person, any
chloroform, laudanum, or other stupefying or overpowering drug,
matter, or thing, with intent in any of such cases thereby to
enable himself or any other person to commit, or with intent in
any of such cases thereby to assist any other person in committing,
any indictable offence, shall be guilty of felony, and being
convicted thereof shall be liable ... to be kept in penal servitude
for life ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 23
Maliciously administering poison, &c. so as to endanger life or
inflict grievous bodily harm.

23. Whosoever shall unlawfully and maliciously administer to or cause
to be administered to or taken by any other person any poison or
other destructive or noxious thing, so as thereby to endanger the
life of such person, or so as thereby to inflict upon such person
any grievous bodily harm, shall be guilty of felony, and being
convicted thereof shall be liable ... to be kept in penal servitude
for any term not exceeding ten years ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 24
Maliciously administering poison, &c., with intent to injure,
aggrieve, or annoy any other person.

24. Whosoever shall unlawfully and maliciously administer to or cause
to be administered to or taken by any other person any poison or
other destructive or noxious thing, with intent to injure, aggrieve,
or annoy such person, shall be guilty of a misdemeanor, and being
convicted thereof shall be liable ... to be kept in penal servitude
....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 25
Person charged with offence under sect.23 may be found guilty of
misdemeanor under sect.24.

25. If, upon the trial of any person for any [offence under
section 23 of this Act], the jury shall not be satisfied that such
person is guilty thereof, but shall be satisfied that he is guilty
of any misdemeanor in the last preceding section mentioned, then and
in every such case the jury may acquit the accused of such
[offence under section 23 of this Act], and find him guilty of
such misdemeanor, and thereupon he shall be liable to be punished
in the same manner as if convicted upon an indictment for such
misdemeanor.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 26
Not providing apprentices or servants with food, &c., whereby life
is endangered.

26. Whosoever, being legally liable, either as a master or mistress,
to provide for any apprentice or servant necessary food, clothing,
or lodging, shall wilfully and without lawful excuse refuse or
neglect to provide the same, or shall unlawfully and maliciously do
or cause to be done any bodily harm to any such apprentice or
servant, so that the life of such apprentice or servant shall be
endangered, or the health of such apprentice or servant shall have
been or shall be likely to be permanently injured, shall be guilty
of a misdemeanor, and being convicted thereof shall be liable ...
to be kept in penal servitude ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 27
Exposing child, whereby life is endangered.

27. Whosoever shall unlawfully abandon or expose any child, being
under the age of two years, whereby the life of such child shall
be endangered, or the health of such child shall have been or
shall be likely to be permanently injured, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable ... to be
kept in penal servitude ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 28
Causing bodily injury by gunpowder.

28. Whosoever shall unlawfully and maliciously, by the explosion of
gunpowder or other explosive substance, burn, maim, disfigure,
disable, or do any grievous bodily harm to any 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
life ... or to be imprisoned ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 29
Causing gunpowder to explode, or sending to any person an explosive
substance, or throwing corrosive fluid on a person, with intent to
do grievous bodily harm.

29. Whosoever shall unlawfully and maliciously cause any gunpowder or
other explosive substance to explode, or send or deliver to or
cause to be taken or received by any person any explosive substance
or any other dangerous or noxious thing, or put or lay at any
place, or cast or throw at or upon or otherwise apply to any
person, any corrosive fluid or any destructive or explosive
substance, with intent in any of the cases aforesaid to burn, maim,
disfigure, or disable any person, or to do some grievous bodily
harm to any person, shall, whether any bodily injury be effected or
not, be guilty of felony, and being convicted thereof shall be
liable, at the discretion of the court, to be kept in penal
servitude for life ... or to be imprisoned ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 30
Placing gunpowder near a building, &c., with intent to do bodily
injury to any person.

30. Whosoever shall unlawfully and maliciously place or throw in,
into, against, or near any building, ship, or vessel any gunpowder
or other explosive substance, with intent to do any bodily injury
to any person, shall, whether or not any explosion take place, and
whether or not any bodily injury be effected, 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 ..., or to be imprisoned ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 31
Setting spring guns, &c., with intent to inflict grievous bodily
harm.

31. Whosoever shall set or place, or cause to be set or placed,
any spring gun, man trap, or other engine calculated to destroy
human life or inflict grievous bodily harm, with the intent that
the same or whereby the same may destroy or inflict grievous bodily
harm upon a trespasser or other person coming in contact therewith,
shall be guilty of a misdemeanor, and being convicted thereof shall
be liable ... to be kept in penal servitude ...; and whosoever
shall knowingly and wilfully permit any such spring gun, man trap,
or other engine which may have been set or placed in any place
then being in or afterwards coming into his possession or occupation
by some other person to continue so set or placed, shall be deemed
to have set and placed such gun, trap, or engine with such intent
as aforesaid: Provided, that nothing in this section contained shall
extend to make it illegal to set or place any gin or trap such
as may have been or may be usually set or placed with the intent
of destroying vermin: Provided also, that nothing in this section
shall be deemed to make it unlawful to set or place, or cause to
be set or placed, or to be continued set or placed, from sunset
to sunrise, any spring gun, man trap, or other engine which shall
be set or placed, or caused or continued to be set or placed, in
a dwelling house, for the protection thereof.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 32
Placing wood, &c. on railway with intent to endanger passengers.

32. Whosoever shall unlawfully and maliciously put or throw upon or
across any railway any wood, stone, or other matter or thing, or
shall unlawfully and maliciously take up, remove, or displace any
rail, sleeper, or other matter or thing belonging to any railway,
or shall unlawfully and maliciously turn, move, or divert any points
or other machinery belonging to any railway, or shall unlawfully and
maliciously make or show, hide or remove, any signal or light upon
or near to any railway, or shall unlawfully and maliciously do or
cause to be done any other matter or thing, with intent, in any
of the cases aforesaid, to endanger the safety of any person
travelling or being upon such railway, 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 life ... or to be
imprisoned ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 33
Casting stone, &c. upon a railway carriage, with intent to endanger
the safety of any person therein.

33. Whosoever shall unlawfully and maliciously throw, or cause to
fall or strike, at, against, into, or upon any engine, tender,
carriage, or truck used upon any railway, any wood, stone, or other
matter or thing, with intent to injure or endanger the safety of
any person being in or upon such engine, tender, carriage, or
truck, or in or upon any other engine, tender, carriage, or truck
of any train of which such first-mentioned engine, tender, carriage,
or truck shall form part, shall be guilty of felony, and being
convicted thereof shall be liable ... to be kept in penal servitude
for life ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 34
Doing or omitting anything so as to endanger passengers by railway.

34. Whosoever, by any unlawful act, or by any wilful omission or
neglect, shall endanger or cause to be endangered the safety of any
person conveyed or being in or upon a railway, or shall aid or
assist therein, 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 ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 35
Drivers of carriages injuring persons by furious driving.

35. Whosoever, having the charge of any carriage or vehicle, shall
by wanton or furious driving or racing, or other wilful misconduct,
or by wilful neglect, do or cause to be done any bodily harm to
any person whatsoever, 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 ....

Obstructing or assaulting a clergyman or other minister in the
discharge of his duties.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 36

36. Whosoever shall, by threats or force, obstruct or prevent or
endeavour to obstruct or prevent, any clergyman or other minister in
or from celebrating divine service or otherwise officiating in any
church, chapel, meeting house, or other place of divine worship, or
in or from the performance of his duty in the lawful burial of
the dead in any churchyard or other burial place, or shall strike
or offer any violence to, or shall, upon any civil process, or
under the pretence of executing any civil process, arrest any
clergyman or other minister who is engaged in, or to the knowledge
of the offender is about to engage in, any of the rites or duties
in this section aforesaid, or who to the knowledge of the offender
shall be going to perform the same or returning from the
performance thereof, 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 ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 37
Assaulting a magistrate, &c. on account of his preserving wreck.

37. Whosoever shall assault and strike or wound any magistrate,
officer, or other person whatsoever lawfully authorized, in or on
account of the exercise of his duty in or concerning the
preservation of any vessel in distress, or of any vessel, goods, or
effects wrecked, stranded, or cast on shore, or lying under water,
shall be guilty of a misdemeanor and being convicted thereof shall
be liable ... to be kept in penal servitude for any term not
exceeding seven years ....

S.38 rep. by 1953 c.14 (NI) s.1(2); 1967 c.18 (NI) s.15(2) sch.2
Pt.II; 1968 c.28 (NI) s.14 sch.3

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 39
Assaults with intent to obstruct the sale of grain, or its free
passage.

39. Whosoever shall beat, or use any violence or threat of violence
to any person, with intent to deter or hinder him from buying,
selling, or otherwise disposing of, or to compel him to buy, sell,
or otherwise dispose of, any wheat or other grain, flour, meal,
malt, or potatoes, in any market or other place, or shall beat or
use any such violence or threat to any person having the care or
charge of any wheat or other grain, flour, meal, malt, or potatoes,
whilst on the way to or from any city, market town, or other
place, with intent to stop the conveyance of the same, shall on
conviction thereof before two justices of the peace be liable to be
imprisoned ... in [prison] for any term not exceeding three months:
Provided, that no person who shall be punished for any such offence
by virtue of this section shall be punished for the same offence
by virtue of any other law whatsoever.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 40
Assaults on seamen, &c.

40. Whosoever shall unlawfully and with force hinder or prevent any
seaman, keelman, or caster from working at or exercising his lawful
trade, business, or occupation, or shall beat or use any violence
to any such person with intent to hinder or prevent him from
working at or exercising the same, shall on conviction thereof
before two justices of the peace be liable to be imprisoned ... in
[prison] for any term not exceeding three months: Provided, that no
person who shall be punished for any such offence by reason of
this section shall be punished for the same offence by virtue of
any other law whatsoever.

S.41 rep. by 1871 c.32 s.7 sch.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 43
|[{24} 42. {25} Any person who unlawfully assaults or beats any
other person shall be guilty of an offence under this section and
shall, upon complaint made by or on behalf of the party aggrieved
or by a police officer or constable, be liable on summary
conviction to imprisonment for a term not exceeding three months or
to a fine not exceeding [{26}#50] in addition to any costs which
the court may order him to pay.]

43. When any person shall be charged before two justices of the
peace with an assault or battery upon any male child whose age
shall not in the opinion of such justices exceed fourteen years, or
upon any female, either upon the complaint of the party aggrieved
or otherwise, the said justices, if the assault or battery is of
such an aggravated nature that it cannot in their opinion be
sufficiently punished under the provisions herein-before contained as
to common assaults and batteries, may proceed to hear and determine
the same in a summary way, and, if the same be proved, may
convict the person accused; and every such offender shall be liable
to be imprisoned in [prison] ... for any period not exceeding six
months, or to pay a fine not exceeding (together with costs) the
sum of [#100], and in default of payment to be imprisoned in
[prison] for any period not exceeding six months, unless such fine
and costs be sooner paid ....

Ss.44, 45 rep. by 1953 c.3 (NI) s.51 sch.4

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 46
These provisions not to apply to certain cases.

46. Provided, that in case the justices ... shall be of opinion
that the same is, from any ... circumstances, a fit subject for a
prosecution by indictment, they shall abstain from any adjudication
thereupon, and shall deal with the case in all respects in the
same manner as if they had no authority finally to hear and
determine the same: Provided also, that nothing herein contained
shall authorize any justices to hear and determine any case of
assault or battery in which any question shall arise as to the
title to any lands, tenements, or hereditaments, or any interest
therein, or accruing therefrom, or as to any bankruptcy or
insolvency or any execution under the process of any court of
justice.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 47
Assault occasioning bodily harm.

47. Whosoever shall be convicted upon an indictment of any assault
occasioning actual bodily harm shall be liable ... to be kept in
penal servitude ...; and whosoever shall be convicted upon an
indictment for a common assault shall be liable, at the discretion
of the court, to be imprisoned for any term not exceeding one year
....

Common assault.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 48

48. Whosoever shall be convicted of the crime of rape shall be
guilty of felony, and being convicted thereof shall be liable ...
to be kept in penal servitude for life ....

S.49 rep. by 1885 c.69 s.19 sch. Ss.50, 51 rep. by 1875 c.94 s.2

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 52
Rape.

52. Whosoever shall be convicted of any indecent assault upon any
female ... shall be liable, at the discretion of the court, to be
imprisoned for any term not exceeding two years ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 53
Indecent assault upon a female.

53. 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 one
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 ..., take away, or detain
such woman, being under the age of [eighteen] 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 kept in penal
servitude for any term not exceeding fourteen years ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 54
Fraudulent abduction of a girl under age against the will of her
father, &c.

54. 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 ... to be kept in penal servitude for any term not
exceeding fourteen years ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 55
Forcible abduction of any woman with intent to marry or carnally
know her, &c.

55. Whosoever shall unlawfully take or cause 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 misdemeanor, and being convicted thereof shall be
liable, at the discretion of the court, to be imprisoned for any
term not exceeding two years ....

Abduction of a girl under sixteen years of age.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 56

56. 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 whomsoever 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 ..., or to be imprisoned ...: 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.

Child-stealing, or receiving stolen child.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 57

57. 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 England or Ireland or elsewhere, shall be
guilty of felony, and being convicted thereof shall be liable to be
kept in penal servitude for any term not exceeding seven years; ...
Provided, that nothing in this section contained shall extend to any
second marriage contracted elsewhere than in England and Ireland by
any other than a subject of Her Majesty, or to any person marrying
a second time whose husband or wife shall have been continually
absent from such person for the space of seven years then last
past, and shall not have been known by such person to be living
within that time, or shall extend to any person who, at the time
of such second marriage, shall have been divorced from the bond of
the first marriage, or to any person whose former marriage shall
have been declared void by the sentence of any court of competent
jurisdiction.

Nothing herein contained to extend to second marriages in the cases
herein mentioned.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 58

58. Every woman, being with child, who, with intent to procure her
own miscarriage, shall unlawfully administer to herself any poison or
other noxious thing, or shall unlawfully use any instrument or other
means whatsoever with the like intent, and whosoever, with intent to
procure the miscarriage of any woman whether she be or be not with
child, shall unlawfully administer to her or cause to be taken by
her any poison or other noxious thing, or unlawfully use any
instrument or other means whatsoever with the like intent, shall be
guilty of felony, and being convicted thereof shall be liable ...
to be kept in penal servitude for life ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 59
Administering drugs or using instruments to procure abortion.

59. Whosoever shall unlawfully supply or procure any poison or other
noxious thing, or any instrument or thing whatsoever, knowing that
the same is intended to be unlawfully used or employed with intent
to procure the miscarriage of any woman, whether she be or be not
with child, shall be guilty of a misdemeanor, and being convicted
thereof shall be liable ... to be kept in penal servitude ....

Procuring drugs, &c. to cause abortion.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 60

60. If any woman shall be delivered of a child, every person who
shall, by any secret disposition of the dead body of the said
child, whether such child died before, at, or after its birth,
endeavour to conceal the birth thereof, 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 ...:

Proviso rep. by 1967 c.18 (NI) s.15(2) sch.2 Pt.II

Concealing the birth of a child.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 61

61.Whosoever shall be convicted of the abominable crime of buggery,
committed either with mankind or with any animal, shall be liable
... to be kept in penal servitude for life ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 62
Sodomy and bestiality.

62. Whosoever shall attempt to commit the said abominable crime, or
shall be guilty of any assault with intent to commit the same, or
of any indecent assault upon any male person, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable ... to be
kept in penal servitude for any term not exceeding ten years ....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 63
Attempt to commit an infamous crime.

63. Whenever, upon the trial for any offence punishable under this
Act, it may be necessary to prove carnal knowledge, it shall not
be necessary to prove the actual emission of seed in order to
constitute a carnal knowledge, but the carnal knowledge shall be
deemed complete upon proof of penetration only.

Carnal knowledge defined.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 64

64. Whosoever shall knowingly have in his possession, or make or
manufacture, any gunpowder, explosive substance, or any dangerous or
noxious thing, or any machine, engine, instrument, or thing, with
intent by means thereof to commit, or for the purpose of enabling
any other person to commit, any of the felonies in this Act
mentioned 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....

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 65
Making or having gunpowder, &c. with intent to commit any felony
against this Act.

65. Any justice of the peace of any county or place in which any
such gunpowder, or other explosive, dangerous, or noxious substance
or thing, or any such machine, engine, instrument or thing, is
suspected to be made, kept, or carried for the purpose of being
used in committing any of the felonies in this Act mentioned, upon
reasonable cause assigned upon oath by any person, may issue a
warrant under his hand and seal for searching, in the daytime, any
house, mill, magazine, storehouse, warehouse, shop, cellar, yard,
wharf, or other place, or any carriage, waggon, cart, ship, boat,
or vessel, in which the same is suspected to be made, kept, or
carried for such purpose as herein-before mentioned; and every person
acting in the execution of any such warrant shall have, for
seizing, removing to proper places, and detaining all such gunpowder,
explosive, dangerous, or noxious substances, machines, engines,
instruments, or things, found upon such search, which he shall have
good cause to suspect to be intended to be used in committing any
such offence, and the barrels, packages, cases and other receptacles
in which the same shall be, the same powers and protections which
are given to persons searching for unlawful quantities of gunpowder
under the warrant of a justice by the Act passed in the session
holden in the twenty-third and twenty-fourth years of the reign of
Her present Majesty, chapter one hundred and thirty-nine, intituled,
"An Act to amend the law concerning the making, keeping, and
carriage of gunpowder and compositions of an explosive nature, and
concerning the manufacture, sale, and use of fireworks."

Ss.66, 67 rep. by 1953 c.14 (NI) s.1(2); 1967 c.18 (NI) s.15(2)
sch.2 Pt.II

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 68
1860 c.139

68. All indictable offences mentioned in this Act which shall be
committed within the jurisdiction of the Admiralty of England or
Ireland shall be ... liable to the same punishments, as if they
had been committed upon the land in England or Ireland, ....

S.69 rep. by SLR 1892. S.70 rep. by SLR (NI) 1954

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 71
Offences committed within the jurisdiction of the Admiralty.

71. Whenever any person shall be convicted of any indictable
misdemeanor punishable under this Act, the court may, if it shall
think fit, in addition to or in lieu of any punishment by this
Act authorized, ... require him to enter into his own recognizances,
and to find sureties, both or either, for keeping the peace and
being of good behaviour; ...: Provided, that no person shall be
imprisoned for not finding sureties under this clause for any period
exceeding one year.

S.72 rep. by SL(R) 1976. S.73 rep. by 1967 c.18 (NI) s.15(2) sch.2
Pt.I. Ss.74, 75 rep. by 1968 c.10 (NI) s.11 sch.

OFFENCES AGAINST THE PERSON ACT 1861 - SECT 76
Fine, and sureties for keeping the peace; in what cases.

76. Every offence hereby made punishable on summary conviction ...
may be prosecuted in Ireland before ... one ... stipendiary
magistrate, in the manner directed by the Petty Sessions (Ireland)
Act, 1851, or in such other manner as may be directed by any Act
that may be passed for like purposes; and all provisions contained
in the said Acts shall be applicable to such prosecutions, in the
same manner as if they were incorporated in this Act ...

S.77 rep. by 1968 c.10 (NI) s.11 sch. S.79 rep. by SLR 1892






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URL: http://www.bailii.org/nie/legis/num_act/oatpa1861261.txt