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these islands passed in the tenth year of Her Majesty's reign, entitled “An Act for the better regulating appeals in cases of summary 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the seventh section of the before-recited Act of the tenth year of Her Majesty's reign shall be and the same is hereby repealed.
XXVII. That in cases where the defendant or defendants shall not have goods and chattels which may be come at and levied upon sufficient to satisfy the debt, damages, and costs recovered under the provisions of this Act, it shall be the duty of the Justice of the Peace, before. whom judgment as aforesaid was obtained, upon application made to him in that behalf, to grant to the plaintiff or plaintiffs his or their attorney or agent a certificate to the effect following:
TURKS AND CAICOS ISLANDS.
I, A. B., Justice of the Peace for the Island of the case may be), do hereby certify that on the
(as Certificate. 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,) pounds, (state amount of debt and damages,) and pounds costs. And I do hereby further certify that
although execution issued on the 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
only have been found levied upon and sold, in satisfaction of the said judgment.
Given under my hand and seal at
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 the 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 twopence only.
Class III.-OFFENCES AGAINST THE PERSON AND MALICIOUS INJU-
Class VII.-CRIMINAL PROCEEDINGS IN THE SUPREME COURT.
Class VIII.-PRISON DISCIPLINE.
Class IX.-OFFICE OF CORONER.
Class X.-STIPENDIARY JUSTICES OF THE PEACE, AND THEIR JURIS
Class XI.-LAWS RELATING TO THE JURISDICTION AND DUTIES OF
Class XII.-POLICE REGULATIONS AND LAWS RELATING TO OFFENCES
Class XIII.-HEALTH OF TOWNS.
Class IV. MILITIA AND VOLUNTEER RIFLE CORPS.
Act 40 G. 3, c. 2.
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 prerogatives 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.
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
No. 1.-4 Wm. 4, ch. 6. An Act relative to Offences against the
I. and II. Repealed by 4 Victoria, ch. 29.
IV. That every person convicted of murder, or of being an accessary before the fact of murder, shall suffer death as a felon, without benefit of clergy; and every accessary after the fact to murder, shall be liable, at the discretion of the Court, to be imprisoned, 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 at the discretion of the Court, to be imprisoned with or without hard labour, in the common gaol or house of correction, for any term 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 person who shall kill another by misfortune, or in his own defence, or in any other manner without felony. VII. Repealed by 4 Vic. ch. 29.
VIII. That if any woman shall be delivered of a child, and shall by secret burying or otherwise disposing of the dead body of the said child, endeavour to conceal the birth thereof, every such offender shall be guilty of a misdemeanour, 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; 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.
Act 4 W. 4,
Petit Treason deemed only murder.
Manslaughter punished by fine or impri
Accidental homicide not punishable.
Women secretly burying or disposing of the
dead body of a child, how punished.
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
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.
X. And whereas, it is expedient that a summary power of punishing persons for common assaults and batteries, should be provided under the limitations hereinafter mentioned; Be it, &c., 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 such period as the said Justices shall at the time of the conviction appoint, it shall be lawful for them to commit the offender to the 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 trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith 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
XII. That in case the Justices shall find the assault or battery complained of, to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any circumstance, a fit subject for a prosecution by indictment, they shall abstain from any adjudication thereupon, and shall deal with the caso in all respects in the same manner as they would have done 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 Justice.
XIII. That every accessary, before the fact, to any felony punishable under this Act, for whom no punishment has been hereinbefore provided, shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; and every accessary after the fact to any felony punishable under this Act (except murder), 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; 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.
Act 4 W. 4,
how dealt with.
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 any such offence, the Summary conJustice 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 punishable on summary conviction by virtue of this Act, shall be commenced within three calendar months after the commission of the offence, and not otherwise.
Within what time summary prosecutions
shall be commenced.
No conviction shall be quashed for want of
XVI. That no such conviction shall be quashed for want of form, or be removed by certiorari, or otherwise, into any of His Majesty's Superior Courts of Record, and no warrant of commitment 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 branch of the public revenue.
XVIII. That from and after the passing of this Act, every person 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 benefit of clergy.t
XX. That from and after the passing of this Act, if any person shall unlawfully and carnally know and abuse any girl under the age of ten years, every such offender shall be guilty of felony, and
*The penalty of death for this offence is abolished by 11 Vic. c. 11, post, No. 7, of this class.
The penalty of death for these offences is abolished by 6 Vic. c. 5, post, No. 5, of this class.
Punishment for the carnal abuse of a girl under ten