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c. 6.

No. 1. being convicted thereof, shall suffer death as a felon, without benefit Act 4 W. 4, of clergy; and if any person shall unlawfully and carnally know

and abuse any girl being above the age of ten years, and under the Above the age

age of twelve years, every such offender shall be guilty of a misof' ten, and un

demeanour, and being convicted thereof, shall be liable to be der the age of punished by fine or imprisonment, or both, at the discretion of the twelve years.

Court, and by being publicly or privately whipped, once or oftener, but not more than twice, if the Court shall also so think fit to

adjudge. Proof required XXI. And whereas, upon the trials for the crimes of buggery to convict of Buggery, Rape,

and of rape, and of carnally abusing girls under the respective ages, &c.

hereinbefore mentioned, offenders frequently escape by reason of the difficulty of the proof which has been required of the completion of those several crimes, for remedy thereof; Be it, &c., That it shall not be necessary, in any of those cases, to prove the actual emission of seed, in order to constitute a carnal knowledge, but that the carnal knowledge shall be deemed complete upon proof

of penetration only. As to oflences XXII. That all offences mentioned in this Act, which shall be committed committed within the jurisdiction of the Admiralty of England, within the ju- shall be deemed to be offences of the same nature and liable to the risdiction of the Admiralty

same punishments, as if they had been committed upon the land, of England.

in the said islands, and may be dealt with, inquired of, tried, and determined in the same manner as other offences committed within the jurisdiction of the Admiralty of England, may be inquired of, heard, tried, determined and judged within these islands.

XXIII. Suspends 5 George 4, ch. 2.

XXIV. Suspends so much of 40 Geo. 3, ch. 2, as declares the following Acts of Parliament to be in force in the Colony, viz. : 25 Henry 8, ch. 16; 4 & 5 Philip and Mary, eh. 4; 18 Elizabeth, ch. 7 (in part); and 22 & 23 Charles 2, ch. 1.

XXV. Suspends 48 Geo. 3, ch. 10 (in part).

c. 10.

No. 2. No. 2.-5 Wm. 4, ch. 10. An Act for the more effectual Punishment Act 5 W. 4, of Persons committing Malicious Injuries to Property.

(October 6th, 1834.)

I. & II. Repealed by 4 Vic. ch. 25. Felony to set III. That if any person shall unlawfully and maliciously set fire to Woods fire to any standing woods on these islands, or to any plantation of or Plantations

trees, or to any stacks of wood, timber, or lumber, or to any crops of Trees,

on plantations, whether standing or cut down, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privately whipped

(if the Court shall so think fit), in addition to such imprisonment. Felony to de- IV. That if any persons riotously and tumultuously assembled molish or pull together, to the disturbance of the public peace, shall unlawfully

and with force, demolish, pull down, or destroy, or begin to deChurch or

molish, pull down, or destroy, any church or chapel, or any chapel Chapel, &c.

for the religious worship of persons dissenting from the United Church of England and Ireland, or any dwelling-house, warehouse,

down any

c. 10.

vessel.

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office, or shop, every such offender shall be guilty of felony, and No. 2. being convicted thereof, shall suffer death.*

Act 5 W.4, V. That if any persons riotously and tumultuously assembled, as aforesaid, shall unlawfully and with force, demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any stable, destroy any

Felony to coachhouse, outhouse, barn, or granary, or any building or erection Coach-house, used in carrying on any trade or manufacture, or any branch Out-house, &c., thereof, or any machinery, whether fixed or movable, prepared or machinery. for, or employed in any manufacture, or in any branch thereof, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, and if a male, to be once, twice or thrice, publicly or privately whipped, in addition thereto, at the discretion of the Court

VI. That if any person shall unlawfully and maliciously damage, Felony to otherwise than by fire, any ship or vessel, whether complete or

destroy any unfinished, with intent to destroy the same, or to render the same useless, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, and if a male, to be once, twice, or thrice publicly or privately whipped, in addition thereto, at the discretion of the Court.

VII. That if any person shall unlawfully and maliciously cut, Felt break, or destroy, or damage with intent to destroy or to render or destroy any useless

, any machine or engine, whether fixed or movable, prepared machinery, or for, or employed in, any manufacture whatsoever, or any fire-engine, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to the punishments hereinbefore last mentioned.

VIII. Repealed by 4 Vic. ch. 25.

IX. That if any person shall unlawfully, maliciously, or wantonly, Felony to de destroy any part of any ship or vessel, which shall be in distress, stroy any part or wrecked, stranded, or cast ashore, or any goods, merchandize, of any vessel, , or articles of any kind, belonging to such ship or vessel, every thereunto be

or any goods such offender shall be guilty of felony, and being convicted thereof, longing. shall be subject to imprisonment, for any term not exceeding two years, and in addition thereto, if a male, may be once, twice, or thrice publicly or privately whipped at the discretion of the Court. X. That if any person shall unlawfully and maliciously kill, Felony to kill

or maim any maim, or wound, any horse, mare, foal, mule, ass, or neat cattle, or

horse or cattle. sheep, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to the punishments hereinbefore last mentioned.

XI. That if any person shall unlawfully and maliciously cut, Felony to de break, bark, root up, or otherwise destroy or damage, the whole or stroy any tree

or shrub, any part of any tree, sapling, or shrub respectively, growing in any pleasure ground, garden, orchard, plantation, or avenue, or in any ground adjoining or belonging to any dwelling-house, every such offender (in case the amount of injury done shall exceed the sum of two pounds,Bahama currency), shall be guilty of felony, and

The penalty of death for the offences mentioned in this section is abolished by 6 Vic. c. 5, sec, 2.

† All sums in this Act are at the old rate of Bahama currency. See Note ante,

page 41,

c. 10.

No. 2. being convicted thereof, shall be liable to be imprisoned for any Act 5 W. 4, term not exceeding six months.

XII. That if any person shall unlawfully and maliciously cut,

break, throw down, or in any wise destroy any fence of any dePunishment for destroying any scription whatsoever, or any wall

, stile, or gate, or any part thereof fence, wall, respectively, every such offender being convicted before any Justice stile, or gate. of the Peace, shall, for the first offence, forfeit and pay, over and

above the amount of the injury done, such sum of money, not exceeding ten pounds, * Bahama currency, as to the Justice shall seem meet; and if any person so convicted shall afterwards be guilty of the same offences, and shall be convicted thereof, in like manner, every such offender shall be committed to the common gaol or workhouse, there to be kept to hard labour for such term, not exceeding six calendar months, as the convicting Justice shall think fit, and if such subsequent conviction shall take place before two Justices, they may further order the offender, if a male, to be once or twice publicly or privately whipped, after the expiration

of four days from the time of such conviction. Punishment for XIII. That if any person shall wilfully and maliciously commit committing any damage, injury, or spoil, to or upon any real or personal damage to real

property whatsoever, either of a public or private nature, for which or personal property.

no remedy or punishment is herein before provided, every such person, being.convicted thereof before a Justice of the Peace, shall forfeit and pay such sum of money as shall appear to the Justice to be a reasonable compensation for the damage, injury, or spoil, so committed, not exceeding the sum of ten pounds, * Bahama currency, which sum of money shall, in the case of private property, be paid to the party aggrieved, except where such party shall have been examined in proof of the offence, and in such case, or in the case of property of a public nature, or wherein any public right is concerned, the money shall be applied in such manner as every penalty imposed by a Justice of the Peace, under this Act, is hereinafter directed to be applied ; and if such sum of money, together with costs (if ordered), shall not be paid, either immediately after the conviction, or within such period as the Justice at the time of the conviction shall appoint, the Justice may commit the offender to the common gaol or workhouse, there to be imprisoned, with or without hard labour, for any term not exceeding

two calendar months, unless such sum and costs be sooner paid : Proviso. Provided always, that nothing herein contained shall extend to any

case where the party trespassing acted under a fair and reasonable

supposition that he had a right to do the act complained of. Punishments XIV. That every punishment and forfeiture by this Act imand forfeitures posed on any person maliciously committing any offence, whether imposed by

the same be punishable upon indictment, or upon summary convicenforced.

tion, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the

property, in respect of which it shall be committed, or otherwise. Punishment of XV. That in case of every felony, punishable under this Act, accessaries be

every principal in the second degree, and every accessary before fore the fact.

the fact, shall be punishable with death or otherwise, in the same After the fact. manner as the principal in the first degree is by this Act punish

this Act to be

* All sums in this Act are at the old rate of Bahama currency. See Note ante,

page 41,

c. 10.

able; and every accessary after the fact, to any felony punishable No. 2. under this Act, shall, on conviction, be liable to be imprisoned for Act 5 W. 4, any term not exceeding two years : and every person who shall aid, abet, counsel, or procure the commission of any misdemeanour punishable under this Act, shall be liable to be indicted and punished as a principal offender.

XVI. That when any person shall be convicted of any indictable Persons conoffence punishable under this Act, for which imprisonment may be victed under awarded, it shall be lawful for the Court to sentence the offender

this Act, how

dealt with. to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or the workhouse, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour as to the Court in its discretion shall seem meet.

XVII. That for the more effectual apprehension of all offenders Offenders may against this Act, any person found committing any offence against

be apprehended

without a this Act, whether the same be punishable upon indictment or upon warrant. summary conviction, may be immediately apprehended without a warrant, by any peace officer or the owner of the property injured or his servant, or any person authorized by him, and forthwith taken before some neighbouring Justice of the Peace, to be dealt with according to law.

XVIII. That the prosecution for every offence punishable on Prosecution to summary conviction under this Act, shall be commenced within be commenced

within three three calendar months after the commission of the offence, and not

months. otherwise, and the evidence of the party aggrieved shall be admitted in proof of the offence.

XIX. And for the more effectual prosecution of all offences Duty of Jus. punishable on summary conviction under this Act; Be it, &c., That tices in sumwhere any person shall be charged, on the oath of a credible wit- mary trials. ness, before any Justice of the Peace, with any such offence, the Justice may summon the person charged to appear 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 summonsupon such person, by delivering the same to him personally, or by leaving it at his usual place of abode,) the Justice may either proceed to hear and determine the case, ex parte, or issue his warrant for apprehending such person, and bringing him before himself or some other Justice of the Peace, or the Justice before whom the charge shall be made, may, if he shall so think fit, without any previous summons (unless where otherwise specially directed), issue such warrant: and the Justice, before whom the person charged shall appear or be brought, shall proceed to hear and determine the case.

XX. That when any offence is by this Act punishable, on sum- Punishment of mary conviction, either for every time of its commission, or for the aiders and first and second time only, or for the first time only, any person

abettors. who shall aid, abet, counsel, or procure the commission of such offence, shall on conviction before a Justice of the Peace, be liable for every first second, or subsequent offence, of aiding, abetting, counselling, or procuring, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence, as a principal offender, is by this Act made liable.

XXI. That all forfeitures upon summary convictions under this Forfeitures on Act shall be applied, in tho first instance, to the componsation of summary con

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c. 10.

No. 2. the parties aggrieved, for the injury done (the amount of such Act 5 W. 4, compensation to be assessed in each case by the convicting Justice),

except where such party shall have been examined in proof of the

offence, and in that case or when the party aggrieved is unknown, victions, how applied.

such sum shall be applied in the same manner as a penalty, and every sum which shall be imposed as a penalty by any Justice of the Peace, whether in addition to such amount of compensation, or otherwise, shall be paid to the Receiver General and Treasurer of

this Colony, to be applied in aid of defraying the expenses of this Proviso. Government: Provided, That when several persons shall join in

the commission of the same offence, and shall, upon conviction thereof, each be adjudged to forfeit a sum equivalent to the amount of the injury done, in every such case, no further sum shall be paid to the party aggrieved than that which shall be forfeited by one of such offenders only, and the remaining sum or sums forfeited by the other offenders, shall be paid to the Receiver General, as afore

said, to be applied as aforesaid. How Justices XXII. That in every case of a summary conviction under this are to proceed Act, where the sum which shall be forfeited for the amount of the in default of

injury done, or which shall be imposed as a penalty by the Justice, payment.

shall not be paid either immediately after conviction, or within such period as the Justice shall at the time of conviction appoint, it shall be lawful for the convicting Justice (unless where otherwise specially directed) to commit the offender to the common gaol or workhouse, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the Justice, for any term not exceeding two calendar months, where the amount of the sum forfeited, or of the penalty imposed, or of both (as the case may be), together with the costs, shall not exceed ten pounds Bahama currency, and for any term not exceeding four calendar months, where the amount with costs shall not exceed twenty pounds, Bahama currency, and for any term not exceeding six calendar months in any other case, the commitment to be determined in each of the cases aforesaid, upon payment of the amount and costs.

XXIII. That when any person shall be summarily convicted before a Justice of the Peace, of any offence against this Act, and it shall be a first conviction, it shall be lawful for the Justice, if he shall so think fit, to discharge the offender from his conviction, upon his making such satisfaction to the party aggrieved, for damages and costs, or either of them, as shall be ascertained by

the Justice. King may ex

XXIV. That it shall be lawful for the King's Majesty to extend tend his Royal his royal mercy to any person imprisoned by virtue of this Act, mercy, although he shall be imprisoned for non-payment of money to

some party other than the Crown. Offenders re- XXV. That in case any person, convicted of any offence punishleased from able upon summary conviction by virtue of this Act, shall have further pro

paid the sum adjudged to be paid, together with the costs, under ceedings for

such conviction, or shall have received a remission thereof from the same cause.

the Crown, or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been discharged from his conviction, in manner aforesaid, in every such case he shall be released from all further or other proceedings for the same cause.

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