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tion on the first moment of the 12th October (cf. ibid. s. 36 (2)).
The Act will apply on its commencement to all criminal proceedings, whether then pending or commenced subsequently to that date. "When a new enactment deals with rights of action, unless it is so expressed in the Act, an existing right of action is not taken away. But where the enactment deals with procedure only, unless the contrary is expressed, the enactment applies to all actions, whether commenced before or after the passing of the Act": per Wilde, B., in Wright v. Hale (1860), 6 H. & N. 227, at 232; 30 L. J. Ex. 40, at 43; approved by Lord Wensleydale in H. L. in Att.-Gen. v. Sillem (1864), 10 H. L. Ca. 704, at 763; 10 Jur. N. S. at 456. "No one has a vested right in any particular form of procedure": per James, L. J., in Warner v. Murdock (1877), 4 Ch. D. 750, at 752; 46 L. J. Ch. 121; 35 L. T. 748.
ante, p. 39.
Enactments referred to.
5 Geo. 4, c. 83. TheVagrancy Act, 1824. The enactment punish
Sched. 1 Table of Offences.-The gist of the offences dealt with by the enactments here referred to will be found in the Table of Offences, printed post, pp. 58-61, where the reader is referred to various text books setting out the enactments, and commenting upon them.
2 See ss. 3, 4 and 5 of the Vagrancy Act, 1824, 12 Chitty's Statutes, "Vagrant. The Act does not apply to Scotland or Ireland: s. 22.
3 As to the offences dealt with by s. 80 of the Poor Law (Scotland) Act, 1845, see Table of Offences, post, p. 58.
4 Of these eight sections of the Offences against the Person Act, 1861, three have been repealed for many years, viz., ss. 49, 50, 51. As to the offences dealt with by the remaining five sections specified (which do not extend to Scotland: s. 78), see Table of Offences, post, p. 58. The three repealed sections dealt with the following offences:
S. 49. Procuring the defilement of a girl under 21.
S. 50. Carnally knowing a girl under 10.
Repealed by s. 2 of Offences against the Person Act, 1875, which was itself repealed by s. 19 of the Criminal Law Amendment Act, 1885: See now s. 4 of the latter Act, and Table of Offences, post, p. 59.
S. 51. Carnally knowing a girl between 10 and 12. Repealed by s. 2 of Offences against the Person Act, 1875, which was itself repealed by s. 19 of the Criminal Law Amendment Act, 1885: See now s. 5 of the latter Act, and Table of Offences, post, p. 59.
So much of s. 52 as deals with indecent assault on a female remains in force (see Table of Offences, post, p. 58); while part of s. 52, dealing with another offence, was repealed by s. 19 of the Criminal Law Amendment Act, 1885: see Rosc. 283.
5 The Married Women's Property Act, 1882, Sched. applies to England and Ireland, but not to Scotland: s. 26. The effect of ss. 12 and 16 (printed in Appendix, post, pp. 72-73) is stated in the Table of Offences, post, p. 59: cf. Stephen's Dig. Crim. Law, 5th ed., Arts. 311, 327, pp. 248, 263; and see the observations on the Married Women's Property Act, 1882, and the Amending Act of 1884—47 Vict. c. 14 in Appendix, post, pp. 72-74.
6 The Criminal Law Amendment Act, 1885, applies to England, Ireland and Scotland: see ss. 14, 15. Its binding force has not been affected by the repeal of certain superfluous parts by the Statute Law Revision Act, 1898-61 & 62 Vict. c. 22.
The gist of the offences dealt with by the Criminal Law Amendment Act, 1885, is stated in the Table of Offences, post, pp. 58, 59-60.
7 The Prevention of Cruelty to Children Act, 1894 -an Act passed since the last edition of Archbold (1893) or of Roscoe (1890)-applies to England, Ireland and Scotland: see ss. 26, 27. The offences with which it deals are declared by the two first sections, which are printed, together with other sections bearing on the subject, in Appendix, post, pp. 75 et seqq., and the gist of those offences is stated in the Table of Offences, post, pp. 60-61.
The offences under the enactments referred to in the Schedule to this Act are as follows :
5. Indecent assault on a female.. 24 & 25 Vict. c. 100,
6. Abduction of a woman entitled
s. 52. E. & I.
Rosc. 283, 290.
to property against her will from motives of lucre.
7. Fraudulent abduction of a girl Ibid. E. & I.
E. & I.
under 21 entitled to property
9. Abduction of a girl under 16 Same Act, s. 55.
against the will of her father,
E. & I.
mother, or other guardian.
N.B.-In the second column of the above Table, the letter E. means that the enactment applies to England only; S. to Scotland only; E. & I. to England and Ireland only; and U. K. to the United Kingdom. The present Act, however, does not extend to Ireland: s. 7 (1), ante, p. 54,
Appendix, post, p. 73.
E. & I.
11. Any similar act done by a wife Same Act, s. 16.
with respect to any property
of her husband.
12. Procuring, or attempting to procure, the defilement of a woman or girl.
13. Procuring, or attempting to procure, the defilement of a woman or girl by intimidation, fraud, or administering drugs.
The Criminal Law Arch. 815. Amendment Act, Rosc. 848, 403. 1885 (48 & 49 Vict. c. 69), s. 2. U. K. Same Act, s. 3.
14. Carnally knowing, or attempt- Same Act, s. 4. ing to carnally know, a girl
U. K. Rosc. 848, 66, 108,
U. K. Rosc. 849.
15. Carnally knowing, or attempt- Same Act, s. 5. ing to carnally know, a girl
between 13 and 16.