CHAPTER XXI

91

I'AE'T IT.-ACTS INJURIOUS TO THE

92

9 Wm. ^3, c. 35; SS Geo. 3, c. 1GO.

161. Any person who, having been eduoated in, 01’

haviug a t a n y time mnde profcssion of, t h e Chiistian religion in Qiieensland-

(1) Asserts by writing,printing, oradviserl q~ealring, that there m e more Gods t h m one, or (2) Denies, by writing, prinliug, or advised spedc-

ing, the irnth of the Chri~tinii religion ^OF the Divine nnthority of the noly Scriptores of tlic Old and New Tcstatneiit ;

is gzrilty of Q szisdegjten~zo~~r, nnd is, upoil conviction, to bo adjudged incapable of holding any civll or nditiug ofice, place, o r e m p l o p p u t , or auy profit or aclvnntage ap11er- taiuiiig t o such office, place, OP employ~nenl; niid if ha holds any such oflice, place, or employment, i t becomes void.

Any peruou who commils ally such o f h c e rLftei- haying been previously convicted ol’ any such offcnce is liablc on conwction to lmpnsonment f o r the twm of thrcc years, and is foi* over disabled from s u i n g in nuy court of justice, and from actlug iw an executor or adrnmistr<Ltor o r guardian, and h o r n receiving any legacy or deed o f gift, and from holding any civil o r military ofice.

I n the C ~ Y C of n first couvictioil the o@:eiider i a diu- chssged from all ennlties m d Jisnbiiitiw incurid. by his conviction upou l i s aclrnomledgiug or renouncing in tlie c o u r t in which he WYRS convicted, within four months nftcr the conviction, hiM offence o r his erroneous opinion.

A person cannot be prosccutcd iindcr this hrticlc f o r moida spoken, unless information of the words is given ou oath before s justice within four clays &er they itre spoken, and tbe prosecution is begun within three months aftw such information is given.

A pemou caunot be convicted of nuy oE Lhe offencev defined in this Article except upon the evidence of t \ Y D

mitnessee.

29 Vie. No. 11, s. 02.

98

The offender cannot be arrested without TT&wallL

Bzdeceat

Sraclice9

behoeen X d e s . 218. Any rude person

~~110,

vhether in yulolic or private, cormnits

m y

act of gross indecency wit11 mother rusk person, or procures motlici* male pcrsou to commit any act of gross indecency with hiui, or nttewpts to procnre the commission

of

nnp sac11 act by any male person vith himsclf or with nnothcr male person, vhetlier in public or pride, is guilty of

a

iniscleniean our, a;nd is liable t o imprisonment with Iimd Irtboiu.

for

t3vo years.")

De$lement

of

Girls under Twelae.

219. h y _person

wv110

has unlamRrl wmd Imno~~lleclge of a girl ulzdor the aee of twelve years is gtdty

of

n crime, ancl is Ldde t o im- prisonnieiit n 4 h ha;rcl labour for life, with or vithoiit -n-hipping.

Any pcrson who attempts to hme

unla~du1

cmml knmleclgc

o f

a girl under the age of twelve years is guilty of

a

misdemeanour, md is liable to i q r i s o m e n t with hrwd l d ~ o u r for two p i r s , riith or vithout hipp ping.

[U

the cme

of 811

offender 1%-hose a-ge does not exceed sixteen gears, the Court,

instead

of seritoncing liiuz to ally term of imprisonment, may, in addition to the sentence of whipping, or without sLicl1 sentence, order him t o be seiit

t o

an industrial or refonnatorg school. and

to

be there cletained for a period not exceeding three years.

-4 prosemtion for either of the offences de-

fined b this scotion must be begm within

two

niont1ls after the offeucc is committed.

94

66 Vic. KO. 24, B. IS.

n.,

s. 7.

165. Any person who, being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or lcnow- ingly permits nny girl of such age ns i, in this Article mcntioned t o ivsort to ^{O P} be in or upon such premises for the purpose of being unlnmfally cnruolly lrnown by any man, whether sucli carnal lcnomledge is intoiidcd t o bo lind b y any particular man or not, is guilty of n critninnl oflence.

(1.) I f the girl i s under the nge o f t w l w years, he is guilty of felony, niid is liable on conviction io penal servi- tude f o r life or for any terin not less than tlucc ycnrs, o r t o imprisonment for n term uot escccding Iwo v e m with or without bard labour and with or without whifiiug.

(2.) If tbe girl is nuder the nge or fourteen yonrs, a n d o f or above the nge of twelve yeam, he is guilty of a misdemeanour, aid is liable on conviction to imprisooment f o r a t e r n not esceecling two yenm with or witliout hard labour and with or without nThippiug.

It is n defence to a charge of auy of the offences defined i n this Article t o prove thut the accused person believed ancl Bad reasonable camc t o believe that the girl was of or above the age of foorteen years.

.lrl., ^D. 19.

29 3% No. 1 1 , ~ . 50, 'io.

166. Any person who attempt# t o h a ~ c uulnvvfiil cnrnal lrno\vleledge of a girl uiiilcr llic agc or t e n yenrs is guilty of a midememour, mid is linblo 011 couviction ^IO pennl servituae f o r a term n u t evxeding fifteen ycnrs s11d

not less thnn threc! ycnrs, or t o imprisonmciit for R term n o t exceeding two yenra with or wthout linrtl labour nucl with or witliout whipping, which inny be inflicted owe, tmice, or thrice.

55 Vie. No. 24, e. 19.

55 Tic. No. 21, a. 6 .

167. Any person who-

(1) lrlas or attempts to liarc u n l n ~ v f u l cainnl knomlcclge of a girl uudrr ilir age of fourteen

' years ancl of or & o e thc oqe of tmrlvc year8 ; or

iiiontlis after tlic offence is cokmittecl.

pcicnt h i nol n compelleble witness.

!L’h wifc of tlie accused person is

it

com-

(1) Procures a girl or woman who is under the

age of

twenty-one gears, a i d is not a commoii prostitute or of 1iuon.n immoral clictl.actei*, t o lmve

~mlavfud m i d connection with a wan, either in Queensland or else- where; or

(2) Procures a woman or girl to become n

co~zlllloii

prostitlite, eit,hei* in Queensland or elsewliere

;

or

(3)

Proc~uy

A

woman or gid t o leave

Qucensla;ud, vith intent that she

lnrty become ail h m a h of a brothel

elsewhere

; OY

96 only, unless such evidence is coiTohorntod in E O ~ I C iiiaterisl pnrticnlars by other evidmce implionting the n c c u d prnon.

55 Vir. No. %I), R. 19.

Ib,, s. 3.

169. Any person who-

(1) By threats or intiiniclntioii p o c ~ i m s or nttein t s t o procue n voninn ^01' girl to hnvc unlnw!ul enrnnl connoction, either within or beyoud Quceuslnnd ; or

(2) By false pretences or falae i*eprescntations procuws n momnn or girl, not beiiig n common prostitute o r of known iinmoral chnrncter, t o have unlawfnl c a r d connection, either within o r beyond Queeusland ; or

(3) Applies or administers t o a woman or girl, or causes n momnu or girl t o take, any drug or other thing with iiitent t o stupify or overpower her Bo as thereby t o enable m y ninn t o hnvo uiilamful carnal connection with her ; is guiltv of a misdemeanour, and ia liable ou couvictioii to iinpriso"nment for n term not exceeding two years with or w i t h o u t hard labour.

A person eanuot be convicted of any of t h o offenceil delllied i n this drticle upon the evidence of one witnee8 only, nuless such evidence i S corroborated in some mrtterinl particulars by other evidence implicating the accured person.

1 ZI., 8. 19.

Ib., s. 8.

170. Aiiyperson who, withintent tbnt nn unmarried girl under the age of eighteen years may be uulawfully carntlllv known by any man, vhetber such car11111 knom- ledge is iutended to lie had bv noy particninr inan or not, takes her or causey hcr'tn be taken out 01 the pomees~ion and against the will of lier tather or mother, or m y other person having the lawful carc or charge of her, is guilty of nuridemeanour, and is Iiablc on conviction t o imprisonmciib f o r n term not euccetling two gcsrs witli or vitlioiit hnrtl labour.

It is a dsfence t o a chnrge of nuy of the ofTeiicea defined in this Aiticle to prove thnt t h r x accused person believed and had rcnaonnblo cause to believe thnt the girl was nf 01' above the ngc of eighteen yenre.

98 descendant, or M b sister, is guiliy o f felony, nud i a liablo on convictian t o penal m+tade f o r life ^{U P} Pur any t o m not less than threc yenrs.

(2.) Any pewoil ivho attempts t a hnvo carnal Iruorvlodge of a woman or girl who is to h i s lcnomlcdg~ his dnughler or other lined desccndanl, o r I i i H sislcr, OF assnults m y s i d i woinan or girl with intent t o lmve unlnrvfol carnal knowleclge of heit, is guilty of Peloiiy, nud is lit~ble ⁰¹¹ cou- viction to pend aervitucle for a tocm uot cxocecling lei1 years.

It is not ^B clefenco t o a charge of m y of tho offcnccs defined in thia Article that the cariid kuowlcdgc was hnd, or that the attempt or nsuauli; with intent t o have carnal lrnomledgomns ni.ztle, with tlie couseut

O E

tlie woinan or girl.

52 Vie. No. 24, E. 19.

n.,

^{f l . 14.}

173. Any woinan 01' girl o f o r above llio ago ol!

eigtiteeu jcnrs mho ~ i e m i l s her f n t h e r or other lined ancestor, o r lier brother, to lrnve cariml knowledge of hcr, lmowing him t o bo licr fnther or otlier 1ine:iI nncesitor, ^01' her brothel,, as ilie case may be, is guilty of felony, and IS

liable an conviction t o penal serviti~de for n tern] not exceeding five yews.

It is n defence to n chnrge of t h e offence defined in this Article t h a t the \ v o m m or girl WLIS, n t tho t u l e when she permitted her f a t h e r or other liiioal ancestor, or her brother, t o hnve c w n d Icnowledgo of her, acting under h i s coeitioii

Ib., ^S. 19.

29 Tic. No. 11, s. 59.

174. Any 1ieiiaou wliu-

(1) Being n wainnil with child, unlnwfully and with iuteut t o procure her own misc&iage, xd- ministers t o lrerself any poison or other noxious tMng, or uses any instrument or other means whatever; or

(2) Unla~vfully and with intent to procure tho mis- cnrringe of any woman, whether she is or 18 not wit11 child, ndministers t o her or c&iise8 her t o take m y poison or other noxious thing, o r nses m y instrument or other inenos whatever ;

is guilty of felouy, nud ia linbie on conviction to penal servitudeforlife o r for aiiy term not lessthnn three years, or to imprisonment f o r n term not exceeding two years with or without hard labour ant1 with or without solitary coufi 11 emen t ,

D,, 8. GO.

[207. Any person who]

(3) Udamfully supplies or procures cluy poison or other noxious thing, o r m y instrument ox thing

99

Ificlecawt

Acts in Pzddic.

234. Any person mho-

(I) Wilfully docs aiiy incleceiit act in any place to whicli the p~ililic are permitted t o Imve access, \diether

o n

piqment

^of

n cliaiape for ndmis-

s1011

or not

; 01’

(2) Wilfully does any inclccent act in any place vith intent to iiisult

OP

oftencl any person

;

is guilty of

a,

inisdememoiw, nix1 is

liable

t o inipriibonmeilC wit11 11wl.d labow €or t w years.(’)

Obscene _Z’lulr2icalioizs m c l Exhifiitions,

235. Any person who Iinowingllp, ancl Tvith- (1) Puiblicly sclls or exposes for sale any obscenc book or other oliscene printcrl

or

mitten ~ m t k r , or

m y

obscene picture, photograph, draw- ing, or model, or any other object tencling t o comipt moi*ala

;

or (2) Exposes t o view in any phcc to

which the public are permitted to have acccss, mhether on payment of

a

cliarge

for

admission or not, any obscene picture, pliotogmph, clraw- ing, or modcl, or any other object tending t o corriipt morals

;

or

(3)

Publicly exhibits any inrleccnt sliovv

or performance, whether on pa,)-- mcnt of a charge for admission t o see the show or perfomiancc or not

;

is p i l t y of

5

misclemeanour, and is liable to imprisoiiment xyith hard labour €or two years-

I t is

D

defeiice to

a

cliarge of any of the offences rleiined in this scetivn to prove tllxt it was for the publicbenefit that the <act complained of shonlrl be donc

m e t h e r the doing of any such act

is or

is not for the public benefit is a question of fact.

xmozotedge

of

Age finrnatwia2.

236, Except as o t h e k s c expressly stated, it

is

imaterid, in the caSe

of any

of the offences defrnxl in this Chapter committed with respcct to

a

momn or girl I d e r

a

specXed age, thatt the acciisecl person did not h o w t b t the ~ o m m or

glil

\vas under that age, or believed that slie

was

not under that

out lairlid justification or excnse,-

(1) me smnd definitiun is anextension of the &mmm Laa.

Xisdeenimnour at Oomnzon Zaw.

CmrLpnre Bill o J l S S 0 , ss. 146, 147.

(SCP Nobe,)

Nidemeanozir a t Comnzon Law.

3 @eo, 4, c. 114, s. 1.

175. A person who is convicted of the misdemeanour of keeping a common bawdy-house, or of keeping a ~ornmon gaming-house, or of IiePping a common ill-governed and disorderly house, is liable t o fine and imprisonment, with or without bard l&oor, a t the cliseretion of the Court.

Ilfisdcmeancnrr ai Common Law.

14 K c . No. 9, 8. 2.

586. On the trial of aperson charged with keoping a oommm gaming-house or place for gaming, proof that m y house, room, premibes, or place, is or are kcpt or naed for playing therein at any unlawful game, nnd that a bank is kept there by one or more of the players exolusivcly of the others, or that tho chances of any game played there are not d i k e favourable to all the plnycrs, including the branker or person who manages the game and a ainst- whom the others bet, is sufficient evidence that the touse, poom, premises, or place, is or are a common gaming-houae or place for gaming.

( b )

Any game is played the chances of d h h are not alike favourable

l o

d l the playei*s, inchcling the hnnlrer or other Feysons by whom the game is managed, or against whom the other plnyers stake, play,

^01-

bet

;

is snicl l o lieel?

ia C O L U U O ~

ga~niug-lio~ise.

Any person U-110 ltceps a coullzzoii gaming liouse is guilty of

^it

misilemeauosn~, aud is liablc t o imprisoninelit, with liarcl laboiu. for t h e e ycars.

Betthg lloozises.

240. (I..) Any structure wliicli is used for tuiy of tlu: piiyoses followiiig, that is t o say-

(1) For the pwpose of bets being made tliei6n lietween persons rcsorting lo tlic place and-

(U)

tho owiicr, occupier, or l\reeper

of

the pbcc, or tiny 11erson itsing tho place

;

or

(6) t~iiy person proctuecl

01'

eqXopec1 by or

acting for

or on behaU of any

S L I C ~

owner, occupier,

^01'

keeper, or person using t h e place; or

place; or

For thc ptwyose of any money or other popei$y being paid or re- ceived therein by or on bchalf of any such ovncr,

liccpw, or person

using

t ie place,

;IS 018

fol- tho considemtioil- occL'P

^Or

(d)

for au ~sszumce, nnclertahg, pyomise, or agreement, express or impliecl, to pay or give therea€ter

rxloncy or other poperty

^OB

any

event

or contingency of or rel,zting

t o

auy horse mce, or other raw, fight, p m e , sport,

^01'

exercise,

^OY

( e )

for securing the pa+g or giving

by

smne

other person

^of

a y

money

^OF

other p'operty on m y

such event or contingency

;

is c d e d

a

common betting house.

10Wm. 3, c 28, s. 1; 12 Geo. 2, c 28, s. 2 ; l a Geo. 2, e. 19,~. I); 15 Qeo. 2, e. 34, 6 1; 42 Geo. 3, c. 119, 8.1 ; 14 Tic KO. 13

178. d n v 1)crson who ytlblicly or privately keeps oq office ^OP place for cxrrying on a lottery of any Itincl whatever, or f o r plqing the gaine of ace of Iicnrts, ])llnrnol~, basset, hazard, passage, or rodetie, OP m y game with A die or dice, except bnckgammon, or m y other giiinp n t cards o r dice prohibited by lam, commits a conmou. i i u i m m , ^(a) and is giiilty of cb misdcmeanow, and is liccbk on convietian t o $ne and intpyisonnienf af t i l e discwtion of the Gmrt.

This Article does not apply t o liersoiis acting as mem- bers of or under the authority of n. voluntary association rvbich is formed f o r t h e p r p o s e of the purchase mid distri- bution by chance or otherwise of works of art, or for t h e diatributian By chanec or otheruise of money to be applied i n the p~irchasc of works of nrt, amongst t h e members of the association, and which has obtained the sauctioii of the Gomrnor in Comicil or the Attorney-Geuerd.

59 Tic. KO. 9, s. 4. (Omitted ji o m D<qcsiJ

25 (380.2, c. 86, s. 8 ; 21 Goo 3, c. 49, S. 2 .

176. Aiip person who appear~, act&, or beliaveri, ^a8 1nfistcr.w mistresix, o r as tlic pei~oii having the care o r innnnpuuicut, cl€ a bm~ly-liouse, giimiug-house, or other disorderly house, is to ba t&an t o be tlie keeper theYoo1, whether he is o r i s n o t the red kceper.

108

Nimncluct

with ~ e y y a i ~ i t o

Corpses.

243.

-A.ii~r

person ~ l ~ l l o , without InrvfnI jnsti- fieation or cxcusc, the proof of rvhicli lics

011

him-

(I) Neglects to perform

any

duty ini- posed upon him by law,

01'

uncler- talcon by liiim, whether for rewmcl or otlwwiise, touching the l~iirial of

a

h~maii body

^01'

Iiuimim remains

; (2)

Impopcdy

^01'

indecently interferes

with, or oiTers any indignity to, any

dead

hiiuum body or human re- mains, wlictliey biiried

or

not;

is guilty

o f n

misclomeaiiom,

niid

is I.kl.11~ to iqn-isonmeiit rvith h a d latour for two yews.

01'

104

(3HAP'PE'R XXIV.

&lsa

Ifi/onncitioiz

as io

Health offloreigw S?L@S.

244.

h y

perso11 who, boing tlic mastor

01' SCB,

noglectn

^01' PCI'LLSOY

t o givc

t o

any oflicor mnploycil iii tho Pulilic Scmice any inCorm~rk!ion

60 V1c. No. 26, 85. 5,11,12, la, 16.

beyond soa-

181. Any person mho-

(1) Being the mnstcr of a ship arriving from (a) Neglects or refuses to give to the pilot, health

a written paper colltaiuing n trlle staternout

~~11Tlli~h 1 1 ~ is rcqiiircil 1 ) ~ I ~ L W

^{( 0}

givo i o Idm,

⁰¹

of the mines of the lnce m d country from gives t o

miy

^{S U O ~} o ~ ~ C ( > I * ,

a i h i .

T(?1'!dy ^01' which the ship sailef, and tile names of all 7yyij,ijp,

; q r

i11roylt1t,,i,ioll

(;oLicliiiig tL7iy mattcl?

the places at which the sbip touchcd on tho

uoys,oe, and of placee whicll ille as t o

~ I i i c I i

¹¹⁰

is i q i i i i w l by

l t ~ w

to givo him

passengcrs and goods on board have come ;

information, Tvhkdl

i l l ~ 0 1 7 W b ~ i o I ~

is,

bo

his kno-\-v-

or

Icdgr,

I'a1sc: j n tiny ¹

ne(,c\rid p"i'LicultLi1,

i N

p i t by ul'

such OEicel' a1V snch writton a

l'llisL~c111c~~~oL1o1~~~,

^a,iirI

is 1bh1h

Lo

irnpI~somnont

papar which contains any false statemeiit j

T\ritll linrcl 1 i ~ l ) o t ~ r I'or t w o

YOLLIY,

:nid t u

D

Iluci of

or

( c ) Wilfully omits from any snch stateuieut any such information ; or

( d ) Makes anp false statement in answer t o m y queotion put t o him by any such officer touching tlic liealth of the passengers of thc ship during the voyage, or the cause 01 the death of any person who has died on board, or of any passenger mho has died on shore, in t h c conrye of the rroyage, or touching tho existence of any infectioiis or contagious disense at m y port o r place from which the Ehip sailed or at mhich it toticlied, or on board of any other ship with which com- munication was had during the voyage, or touchin.. the plnee from which auy asseuger came be?ore coming on board the &p ; or (2) Being the medical officer of a ship arriving from

beyondsea, refuses t o auswelt, or makes n false answer to, anyquestion put to him by the pilot, heokh officer, o r other officer, first boardiug the ship, touching the health of the passengers duriiig the voj-age, nr the c a i s c of the death of any person mho hns died on b o d , or of any passenger mho has died ⁰¹¹ shore in the course of the voyage, or touching the existence of m y infection- or coutnqious dmase at any port or place fram shich the ship sailed or at rhich it touched ;

ia guilty of a midemeanour, and iu liable on condction to n fine not exceeding three hundred ~ O I I U ~ B and to imprison- ment for B tern not exceeding two yenra with ^OY nltthout h d labour.

The provisions of this Article apply in the case of ships arriving from any of the Australasiau Colonies or Eji-

( 0 ) if at the time of the m-id of the ship there is, or within fourtecn days before such a r r i v d there hns been, an infectious or contagious disease on boasd the ship ; or

[b) if the Colony or port from which the ship arrives is a place which is notified by a proclamation in force at the time of arrival to be infected mith an infectious disease dangerous to t h e pubLC health; or

( c ) if the Govcruor in Collncil has dkectett that ships arriving in any port iu Qneenslmd from the Colony or port from which the ship ariives dm11 not be brought higher up the port than

iuorlictd o f i c c ~

01' ^ti

S h i p :hr.riving from beyond

ofioer, or other ofGCer first the

(A) Delivers to

three 1 L l t ~ 1 C h d p O L L t d S .