« EelmineJätka »
these islands passed in the tenth year of Her Majesty's reign, No. 3. entitled “ An Act for the better regulating appeals in cases of sum- Act 11 Vic. mary convictions." XXV. That any party, plaintiff, or defendant who may
be dissatisfied with the judgment of the Justice of the Peace in any action or other proceeding under this Act, or either of the two hereinbefore recited Acts, shall have the right of appeal to the Supreme Court of these islands, and the necessary notice of such appeal and the security to try the same, and abide the judgment of the Court above, as also the mode of proceeding thereon shall be given, entered into and conducted in the same, and the like manner as is provided for by the said Act of the tenth year of Her Majesty's reign for regulating appeals in cases of summary conviction.
XXVI. That the seventh section of the before-recited Act of the Certain sectenth year of Her Majesty's reign shall be and the same is hereby tions of recital repealed.
Act repealed, XXVII. That in cases where the defendant or defendants shall Mode of pronot have goods and chattels which may be come at and levied upon ceeding where sufficient to satisfy the debt, damages, and costs recovered under
no goods and the provisions of this Act, it shall be the duty of the Justice of the chattels. Peace, before whom judgment as aforesaid was obtained, upon to obtain p:oapplication made to him in that behalf, to grant to the plaintiff or
cess on landed plaintiffs his or their attorney or agent a certificate to the effect property. following
TURKS AND Caicos ISLANDS.
(as Certificate. the case may be), do hereby certify that on the
day of in the year of our Lord one thousand eight hundred and forty C. D. of the aforesaid islands, gentleman, obtained a judgment before me against E. F. of the same place, planter, in an action of debt, (assumpsit, trespass, or trover, as the case may be,) for
pounds, (state amount of debt and damages,) and pounds costs. And I do hereby further certify that
I although execution issued on the
day of following for the recovery thereof, no goods or chattels could be found whereupon to levy the amount of the debt, damages, and costs aforesaid, or goods and chattels to the amount of
pounds only have been found levied upon and sold, in satisfaction of the said judgment.
Given under my hand and seal at the A.D. 18
(Signed) A. B., J. P. which said certificate being duly filed in the office of the Prothonotary of the Supreme Court of these islands, it shall and may be lawful for the Judge or acting Judge of the said Court to order the like process of execution upon the lands, tenements, and real estate of the said defendant or defendants as they are now by law empowered to grant in actions, suits, and causes originally commenced and prosecuted in the said Supreme Court. Provided always, and be it enacted, That one month's public notice of thio sale of such lands and tenements aforesaid shall be sufficient for the purposes of this Act; and that the Provost Marshal or his lawful deputy to whom such execution shall be directed shall be entitled to charge and receive for the deed of conveyance executed in respect thereof the sum of four shillings and twoponce only.
RIES TO PROPERTY.
JUSTICES IN THE GENERAL COMMISSION
IN WHICH JUSTICES OF THE PEACE HAVE SUMMARY
No. 1.--By the declaratory Act 40 Geo. 3, ch. 2, sec. 3, it is declared
that all and every the Acts and Statutes of the Parliament of England, or of Great Britain, which relate to the prerogatires of the Crown or to the allegiance of the people, are, and of right ought to be, in full force in this Colony ; and in addition to this general declaration, the following Statutes relating to the offence of Treason are expressly extended to the Colony by the said declaratory Act,--viz. : 25 Edward 3, Statute 5, ch. 2; 34 Edward 3, ch. 12; and 20 Geo. 2, ch. 30.
PIRACY. The following Acts of Parliament relating to this offence are in force here by the Bahama Act 40 Geo. 3, ch. 2; viz. : 27 Henry 8, ch. 4; 28 Henry 8, ch. 15; also 1 Vic. ch. 88, by 4 Vic. ch. 30.
See post, this Part, Class VII., No. 4.
OFFENCES AGAINST THE PERSON, AND MALICIOUS
INJURIES TO PROPERTY. No. 1.-4 Wm. 4, ch. 6. An Act relative to Offences against the No. 1. Person. (November 12th, 1833.)
Act 4 W.4, I. and II. Repealed by 4 Victoria, ch. 29. III, That every offence, which before the commencement of Petit Treason
deemed only this Act would have amounted to petit treason, shall be deemed
murder. to be murder only, and no greater offence; and all persons guilty in respect thereof, whether as principals or as accessari shall be dealt with, indicted, tried and punished as principals and accessaries in murder.
IV. That every person convicted of murder, or of being an ac- Punishment of cessary before the fact of murder, shall suffer death as a felon, convicted mur
derers and without benefit of clergy; and every accessary after the fact to
accessaries murder, shall be liable, at the discretion of the Court, to be im
thereto. prisoned, with or without hard labour in the common gaol or house of correction, for any term not exceeding four years.
V. That every person convicted of manslaughter, shall be liable Manslaughter at the discretion of the Court, to be imprisoned with or without punished by hard labour, in the common gaol or house of correction, for any
fine or impriterm not exceeding four years, or to pay such fine as the Court shall award, but to no other manner of punishment whatsoever.
VI. That no punishment or forfeiture shall be incurred by any Accidental person who shall kill another by misfortune, or in his own defence, homicide not or in any other manner without felony.
punishable. VII. Repealed by 4 Vic. ch. 29.
VIII. That if any woman shall be delivered of a child, and Women secretly shall by secret burying or otherwise disposing of the dead body of burying or disthe said child, endeavour to conceal the birth thereof, every such posing of the
dead body of a offender shall be guilty of a misdemeanour, and being convicted child, how thereof, shall be liable to be imprisoned with or without hard punished. labour, in the common gaol or house of correction for any term not exceeding two years; and it shall not be necessary to prove whether the child died before, at, or after its birth : Provided always, that if any woman tried for the murder of her child shall be acquitted thereof, it shall be lawful for the jury by whose verdict she shall be acquitted, to find, in case it shall so appear in evidence, that she was delivered of a child, and that she did by secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if she had been convicted upon an indictment for the concealment of the birth.
IX. That if any person being married in these islands or else- Punishment of where, shall marry any other person during the life of the former Bigamy. husband or wife, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years : Provided always, that Proviso. nothing herein contained shall extend to any person marrying a
fines and costs,
No. 1. second timo, whose husband or wife shall have been continuaily Act 4 W 4, absent from such person for the space of seven years then last c. 6. 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. Punishment X. And whereas, it is expedient that a summary power of for Common
punishing persons for common assaults and batteries, should be Assaults and
provided under the limitations hereinafter mentioned ; Be it, &c., Batteries.
that where any person shall unlawfully assault or beat any other person, it shall be lawful for two Justices of the Peace upon complaint of the party aggrieved, to hear and determine such offence, and the offender upon conviction thereof before them, shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered) the sum of five pounds,* which fine shall be paid to the Receiver General and Treasurer, in aid of the expenses of this Government, and if such fine as shall be awarded by the said Justices, together with the costs, (if ordered)
shall not be paid either immediately after the conviction or within commit per
such period as the said Justices shall at the time of the conviction sons for non
appoint, it shall be lawful for them to commit the offender to the payment of
common gaol, workhouse, or house of correction, there to be imprisoned, for any term not exceeding two calendar months, unless such fine and costs be sooner paid; but if the Justices upon the hearing of any such case of assault and battery, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so triling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forth with make out a certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.
XI. That if any person against whom any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as aforesaid, or having been convicted shall have paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment awarded for non-payment thereof, in every such case he shall be released from
all further or other proceedings, civil or criminal for the same Assault and XII. That in case the Justices shall find the assault or battery Battery, when complained of, to have been accompanied by any attempt to commit * accompanied
felony, or shall be of opinion that the same is, from any circumby any attempt stanco, a fit subject for a prosecution by indictment, they shall lony, how dealt abstain from any adjudication thereupon, and shall deal with the with.
caso in all respects in the same manner as they would have done Proviso, before the passing of this Act: Provided also, That nothing herein
contained shall authorize any Justices of the Peace 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 insol
* All sums by this Act are stated at the old rate of Bahama currency.-See Note, ante, p. 41.
vency or any execution under the process of any Court of Jus- No. 1, tice.
Act 4 W. 4, XIII. That every accessary, before the fact, to any felony punishable under this Act, for whom no punishment has been
Accessaries hereinbefore provided, shall be liable, at the discretion of the
before the fact Court, to be imprisoned, with or without hard labour, in the
to any Felony, common gaol or house of correction, for any term not exceeding how dealt with. three years; and every accessary after the fact to any felony punish- Accessaries able under this Act (except murder), shall be liable to be im- after the fact prisoned, with or without hard labour, in the common gaol or house to any Felony,
how dealt with. of correction for any term not exceeding two years; and every person who shall counsel, aid, or abet the commission of any misdemeanour punishable under this Act, shall be liable to be proceeded against and punished as a principal offender.
XIV. And for the more effectual prosecution of offences punish- Prosecution of able upon summary conviction, by virtue of this Act; Be it, &c., offences That where any person shall be charged, on the oath of a credible punishable upon witness, before any Justice of the Peace, with
summary consuch offence, the any
viction, Justice may summon the person charged to appear before any two Justices of the Peace, at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him) the Justices may either proceed to hear and determine the case, ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the Justice before whom the charge shall be made, may (if he shall so think fit) issue such warrant, in the first instance, without any previous
XV. That the prosecution, for every offence punishablo on sum- Within what mary conviction by virtue of this Act, shall be commenced within time summary three calendar months after the commission of the offence, and not prosecutions otherwise.
menced. XVI. That no such conviction shall be quashed for want of No conviction form, or be removed by certiorari, or otherwise, into any of Ilis shall be quashed Majesty's Superior Courts of Record, and no warrant of commit- for want of
form. ment shall be held void, by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
XVII. That nothing in this Act contained shall affect or alter High Treason any Act, so far as it relates to the crime of high treason, or to any
not affected. branch of the public revenue.
XVIII. That from and after the passing of this Act, every per- Punishment of son convicted of the abominable crime of buggery, committed either Buggery. with mankind, or with any animal, shall suffer death as a felon without benefit of clergy.
XIX. That from and after the passing of this Act, every person Punishment of convicted of the crime of rape, shall suffer death as a felon, without Rape. benefit of clergy. XX. That from and after the passing of this Act, if any person
Punishment shall unlawfully and carnally know and abuse any girl under the for the carnal
abuse of a girl age of ten years, every such offender shall be guilty of felony, and
under ten The penalty of death for this offence is abolished by 11 Vic. c. 11, post, No. 7,
years. of this class.
† The penalty of death for these offences is abolished by 6 Vic. c. 5, post, No. 5, of this class.