RESIDENT MAGISTRATE'S COURT.

Evening Post, Volume XXI, Issue 59, 12 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

* ; This Dat. (Before Mr. Edward Shaw, R.M.) THE ALLEGED ABDUCTION CABB. Muzio Nigiotti appeared on remand, charged with unlawfully taking Ellen Tolley, an unmarried girl under the age of 16 years — to wit, 14 years and 4 months— out of the possession of her mother, Anna Maria Tolley, on the 3rd inst., contrary to the 20th section of the Offences Against the Persons Act of 1867. Gully, as before, appeared tor the prisoner. His Worship, in delivering his decision, referred to the 20th and 21st sections of the Act, the former of which provided for offences like the one with which the present prisoner was charged, and the latter of which had reference to what was known as child-stealing — namely, the decoying of children under the age of 14 years. The latter was much wider in its terms than the former. It seemed that the mere enticement, or allurement, or decoying of a child under 14 years of age constituted a sufficient taking within the meaning of the Act. Our Act followed the precise words of the Imperial Statute ; and he found that the law seemed to be thoroughly settled at Home with regard to what constituted a taking within the meaning of the Act. Regarding the authorities to which he had been referred, one of them — Begina v. Mary Ann Meodows. reported in Oarrington and Kir wan, page 399 — was somewhat analogous to the present case. A, a girl under sixteen, who was in service, was, as she was returning from an errand, asked by B if she would go to London, as B's mother wanted a servant and would give her £5 wages. A and B went away together to Bilston, were both found, and B was apprehended. It was hold by Baron Parke that this was not Bueh a taking or causing to be taken as was sufficient to constitute the offence of abduction under the 20th section of the statute (9 George IV, c. 31). This view of the statute seemed to be in accordance with the natural construction of the statute itself. There was no doubt that what the prisoner had done was very Ecandalous. He had committed a very immorai act, but it was not illegal, and therefore he (his Worship) had no alternative but to discharge the prisoner. Where to Go when Short of Money.— Go to work.