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No. 4.

Act 4 Vic. c. 29.

Solitary confinement and hard labour may be added to imprison

ment.

How Felonies

may be tried in

the Court of Admiralty Sessions.

under this Act, shall, on conviction, be liable to be imprisoned for any term not exceeding two years.

VIII. That where any person shall be convicted of any offence punishable under this Act, for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour within or without the walls of any lawful place of confinement, within these islands, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment, with hard labour, not exceeding one month, at any one time, and not exceeding three months in any one year, as to the Court, in its discretion, shall seem meet; And be it, &c., That where any felony, punishable under this Act, shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried and determined, as any other felony or misdemeanour committed within that jurisdiction.

IX. Repealed by Ord. 13, 1852, sec. 40.

X. Act to commence on the first day of March, 1841.

No. 5. Act 6 Vic.

c. 5.

PREAMBLE.

4 W. 4, c. 6.

Abolishes the

punishment of death imposed by 4 W. 4, c. 6,

on persons convicted of Rape or carnal abuse of a girl

under ten

years, and sub

stitutes in lieu imprisonment for any term not exceeding five years.

Abolishes the
punishment of
death imposed
by 4 W. 4, c. 6,

on persons
convicted of
demolishing or
pulling down
a Church, Cha-

pel, &c., and
substitutes in
lieu imprison-
ment for any
term not ex-
ceeding five
years.

No. 5.-6 Vic. ch. 5. An Act for taking away the Punishment of Death in certain cases, and substituting other Punishments in lieu thereof. (14th February, 1843.)

HEREAS, by an Act of the General Assembly of these islands, passed in the fourth year of the reign of King William the Fourth, entitled, "An Act relative to Offences against the Person," it was amongst other things enacted, that every person convicted of the crime of rape, should suffer death as a felon, and if any person should unlawfully and carnally know and abuse any girl under the age of ten years, every such offender should be guilty of felony, and suffer death as a felon; And whereas, it is expedient that the said offences should no longer be punishable with death; May it, &c., That from and after the passing of this Act, if any person shall be convicted of either of the said offences, such person shall not be subject to any sentence or punishment of death, but shall instead of the sentence or judgment, in and by the said Act hereinbefore recited, order to be given or awarded against persons convicted of the said offences, or either of them respectively, be liable, at the discretion of the Court, to be imprisoned for any term not exceeding five years.

II. And whereas, by an Act of the said General Assembly, passed in the fifth year of the reign of King William the Fourth, entitled, "An Act for the more effectual Punishment of Persons committing Malicious Injuries to Property," it was, amongst other things enacted, that if any person riotously and tumultuously assembled together to the disturbance of the public peace, should unlawfully and with force demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any church or chapel, or any chapel for the religious worship of persons dissenting from the United Church of England and Ireland, or of any dwelling-house, warehouse, office, or shop, every such offender shall be guilty of felony, and being convicted thereof, should suffer death. And

whereas, it is expedient that the said last-mentioned offences should be no longer punishable with death; Be it, &c., That from and after the passing of this Act, if any person shall be convicted of any of the said offences hereinbefore last specified, whether as principal or as principal in the second degree, or as accessary before the fact, such person shall not be subject to any sentence, judgment or punishment of death, but shall instead of the sentence or judgment in and by the said Act hereinbefore last recited, ordered to be given or awarded against persons convicted of the said last-mentioned offences, or any or either of them, respectively, be liable at the discretion of the Court, to be imprisoned for any term not exceeding three years.

No. 5. Act 6 Vic.

c. 5.

may be with or without hard discretion of labour, at the the Court.

III. That in awarding the punishment of imprisonment for any Imprisonment offence punishable under this Act, it shall be lawful for the Court to direct such punishment to be with or without hard labour, such hard labour to be within or without the walls of the common gaol, or house of correction, or any other lawful place of confinement within these islands, and also to direct that the offender shall be kept in solitary confinement, for any portion or portions of such imprisonment, whether the same be with or without hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet.

No. 6.

No. 6.-10 Vic. ch. 9. An Act for preventing Malicious Injuries to
Persons and Property by Fire or by Explosive or Destructive Act 10 Vic.
Substances. (26th February, 1847.)

WE

mises by gunpowder, &c., Felony.

c. 9. HEREAS, the unlawful and malicious destruction of build- PREAMBLE. ings, and attempts to injure persons and property by fire or Maliciously gunpowder, and other explosive or destructive substances, is not destroying preadequately punishable by law; May it, &c., That whoever shall unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, destroy, throw down, or damage the whole or any part of any dwelling-house, any person being therein, shall be guilty of felony. II. That whoever shall unlawfully and maliciously, by the Felony to explosion of gunpowder or other explosive substance, destroy or damage any building with intent to murder any person, or whereby the life of any person shall be endangered, shall be guilty of felony.

III. That whoever shall unlawfully and maliciously, by the explosion of gunpowder or other explosive substance, burn, maim, disfigure, disable, or do any grievous bodily harm to any person, shall be guilty of felony.

damage any building by the

explosion of gunpowder, &c., with intent to murder. Felony to maliany person by ciously maim the explosion gunpow der. Felony to endeavour to in

of

jure or disfigure any person by

IV. That whoever shall unlawfully and maliciously cause any gunpowder or other explosive substance to explode, or send or deliver to, or cause to be taken or received by any person any explosive substance or any other dangerous or noxious thing, or cast or throw at or upon or otherwise apply to any person any corrosive or corrosive fluid or other destructive or explosive substance with explosive subintent in any of the cases aforesaid, to burn, maim, disfigure, or disable any person or to do some grievous bodily harm to any

stance.

No. 6. Act 10 Vic. c. 9.

Penalty on persons throwing fire, &c., against

a building with an evil intent.

Felony maliciously to attempt to set

fire to any building, vessel, or vege

table produce.

Penalty on persons having in their posses

sion gunpowder, &c., for

person, shall, although no bodily injury be effected, be guilty of felony.

V. That whoever shall be convicted of any felony herein before mentioned shall be liable at the discretion of the Court to be imprisoned for any term not exceeding three years.

VI. That whoever shall unlawfully and maliciously place or throw in, into, upon, against or near any building or vessel any gunpowder or other explosive substance with intent to do any bodily damage, to any person, or to destroy or damage any building or vessel or any machinery, working tools, fixtures, goods, or chattels, shall, whether or not any explosion take place, and whether or not any injury is effected to any person, or any damage to any buildings, vessel, machinery, working tools, fixtures, goods, or chattels, be guilty of felony, and being convicted thereof, shall be liable at the discretion of the Court, to be imprisoned for any term not exceeding two years.

VII. That whoever shall unlawfully and maliciously by any overt act attempt to set fire to any building, vessel, or to any vegetable produce, of such kind, and with such intent, that if the offence were complete the offender would be guilty of felony, shall although such building, vessel, or vegetable produce be not actually set on fire, be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court, to be imprisoned for any term not exceeding two years.

VIII. That whoever shall knowingly have in his possession, or make or manufacture any gunpowder, explosive substance, or any dangerous or noxious thing or any machine, engine, instrument, or thing, with intent, by means thereof, to commit, or for the purpose of enabling any other person to commit, any offence against this Act, shall be guilty of a misdemeanour, and on conviction thereof, offence against shall be liable to be imprisoned for any term not exceeding two

the purpose of committing an

this Act.

Male persons under eighteen years of age offending liable to be publicly whipped.

Punishment of accessaries.

Punishment,

years.

IX. That every male person under the age of eighteen years, who shall be convicted of any offence under this Act, or who shall be convicted of feloniously setting fire to any building or vessel, shall be liable at the discretion of the Court before which he shall be convicted, in addition to any other sentence which may be passed upon him, to be publicly or privately whipped, in such manner, and as often, not exceeding thrice, as the Court shall direct.

X. That in the case of every felony punishable under this Act, every principal in the second degree and every accessary before the fact shall be punishable in the same manner as the principal in the first degree is by this Act punishable, and every accessary after the fact to any felony punishable under this Act shall, on conviction, be liable to be imprisoned for any term not exceeding two years.

XI. That where any person shall be convicted of any offence punishable under this Act, it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one calendar month at any one time, and not exceeding three calendar months in any one year as to the Court, in its discretion, shall seem meet.

No. 6. Act 10 Vic.

c. 9.

XII. That any Justice of the Peace for these islands, or for any district thereof, upon reasonable cause assigned, upon oath, by any person or persons, may issue a warrant or warrants under his hand and seal for searching, in the daytime, any house, shop, Power of Juscellar, yard, or other place, or any vessel in which gunpowder or tices of the other explosive, dangerous, or noxious substance is suspected to be Peace. made or kept for the purpose of being used, in committing an offence under this Act; and every person acting in the execution of any such warrant, shall have full power and authority to remove all such gunpowder or other explosive, dangerous, or noxious substance which may be found on such search, and which he shall have good cause to suspect to be intended to be used in committing an offence under this Act, together with the packages in which the same may be, to a place of safety, and there to detain the same until the disposal thereof shall be ordered and directed by the Court before whom any person or persons may be tried for an offence under the eighth section of this Act for having the same in his or her possession, and if such person or persons shall be convicted of such offence, it shall be lawful for the Court to adjudge such gunpowder, or other explosive, dangerous, or noxious substance, to be forfeited, and in its discretion to order the same to be sold or destroyed.

XIII. That it shall be lawful for any constable or peace officer Power of Conto take into custody, without a warrant, any person whom he shall stables. find lying or loitering in any highway, yard, or other place, during the night, and whom he shall have good cause to suspect of having committed, or being about to commit any felony under this Act, and to detain such person until he can be brought before a Justice of the Peace, to be dealt with according to law.

XIV. That no such person having been so apprehended shall be Term of detendetained after noon of the following day without being brought tion limited. before a Justice of the Peace.

XV. That where any felony punishable under this Act, shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined, in the same manner as any other felony committed within that jurisdiction.

No. 7.--11 Vic. ch. 11. An Act for the more efficient Punishment of certain Offences therein mentioned. (22nd March, 1848.)

WH

Punishment of felonies committed within risdiction. Admiralty ju

No. 7. Act 11 Vic. c. 11.

HEREAS, in and by the eighteenth section of the Act of PREAMBLE, Assembly passed in the fourth year of the reign of His reciting part late Majesty King William the Fourth, entitled "An Act relative of 4 W. 4, c. 6. to Offences against the Person," it is enacted, that persons convicted of the abominable crime therein mentioned should suffer death, without benefit of clergy. And whereas, it is expedient that the said offence should no longer be punishable with death; May it, &c., Whipping and that from and after the passing of this Act, any person who shall imprisonment be convicted of the abominable crime, in the said eighteenth section of the said recited Act of Assembly particularly mentioned and designated, shall, instead of having sentence of death passed on or recorded against him, be sentenced by the Court before which he shall be so convicted, to be once, twice, or thrice, pub

substituted in lieu of the

punishment of death in cases of Sodomy.

No. 7. licly or privately whipped, and in addition to such corporal punishAct 11 Vic. ment, to suffer and undergo such imprisonment, with or without c. 11. hard labour, for any term not exceeding four years, as the Court may in its discretion think fit to impose.

Certain provisions of Act of Assembly,

2 Vic. c. 5, extended to the

offence of sending certain threatening letters.

Penalty on
falsely accusing
persons of cer-
tain crimes for
the purpose
of extorting
money.

Penalty for
Assaults with

intent to com-
mit Sodomy.

in discretion of the Court, be

II. And whereas, it is expedient to extend the provisions of so much of the Act of Assembly made and passed in the second year of Her present Majesty's reign, entitled "An Act for consolidating and amending the Laws relative to Larceny, and other Offences connected therewith, as relates to the offences of sending threatening letters, and to make other provision for the punishment of such offences." Be it enacted that if any person shall knowingly send, or deliver, or utter, to any other person, any letter or writing accusing or threatening to accuse either the person to whom such letter or writing shall be sent or delivered, or any other person, of any crime punishable by law with death, or of rape, or of any assault with intent to commit rape, or of any attempt or endeavour to commit any rape, or of any crime in and by the said last-mentioned Act defined to be an infamous crime, with a view or intent to extort or gain, by means of such threatening letter or writing, any property, money, security, or other valuable thing, from any person whatever, or any letter or writing threatening to kill or murder any other person, or to burn or destroy any house, barn, or other building, or any agricultural produce, or shall knowingly procure, counsel, aid, or abet the commission of the said offences, or either of them, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, 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.

III. That if any person shall accuse, or threaten to accuse, either the person to whom such accusation or threat shall be made, or any other person, of any of the crimes hereinbefore specified or mentioned, with a view or intent in any of the cases last aforesaid, to extort or gain from such person so accused or threatened to be accused, or from any other person whatever, any property, money, security, or other valuable thing, every such offender shall be guilty of felony, and being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, 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.

IV. That any person who shall assault any other person, with intent to commit and perpetrate the crime in the first section of this Act mentioned and referred to, being convicted thereof, shall be liable, in the discretion of the Court, to be imprisoned for any term not exceeding two years, and in addition thereto, to be once, twice, or thrice, publicly or privately whipped, if the Court shall so think fit.

Offenders on V. That it shall be lawful for the Court, in every case of conconviction may, viction under this Act, to direct that the offender shall be kept in solitary confinement, for any portion or portions of the imprisonkept in solitary ment, awarded against such offender, not exceeding one month at any one time, and not exceeding three months in any one year.

confinement.

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