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to be imprisoned in the
(i. e., the penalty only) shall be paid into the public Treasury of
LXVI. That it shall be lawful for the Court or magistrates authorized by this Act to award hard labour as a punishment for any offence, to direct at discretion, the same to be performed at such island or settlement within the colony, as to the Court or magistrates may seem meet.
LXVII. That no such conviction shall be squashed for want of form, and no warrant of commitment shall be held void by reason of any defect therein; Provided it is therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
LXVIII. That every Justice of the Peace, before whom any person shall be convicted of any offence against this Act, shall transmit the conviction to the Clerk of the Crown, to be kept by him among the records of the said Court, and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the said Clerk of the Crown, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be pre
sumed to have been unappealed against, until the contrary be shown.
No. 1. Act 2 Vic.
plead the general issue.
LXIX. And for the protection of persons acting in the execution of this Act; Be it, &c., That all actions and prosecutions to be commenced against any person, for anything done in pursuance and prosecuof this Act, shall be commenced within six calendar months after tions are to be the fact committed, and not otherwise; and notice, in writing, of commenced. such action, and of the cause thereof, shall be given to the defend- Notice to be ant one calendar month at least before the commencement of the action; and in any such action, the defendant may plead the general issue, and give this Act, and the special matter, in evidence, at any trial to be had thereupon, and no plaintiff shall recover, in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought by, or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall became nonsuited, or discontinue any such action after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs, and have the like remedy for the same, as any defendant hath, by law, in other cases.
LXX. That where any felony or misdemeanour, 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.
LXXI. Whereas, in many cases, the taking bail for the appearance of persons charged with felony, may be safely admitted without endangering the appearance of such persons to take their trial in due course of law, and it is expedient in such cases, to extend the powers of Justices of the Peace in this respect; Be it, &c., That it shall and may be lawful for any two Justices of the Peace, of whom one or other shall have signed the warrant for the apprehension or commitment, to admit any person charged with felony under this Act, or against whom any warrant of commitment for such felony is signed, to bail, in such sum and with such sureties as they shall think fit, and notwithstanding such person shall have confessed the matter laid to his or her charge; or notwithstanding such Justices shall not think such charge groundless, or shall think that the circumstances are such as to raise a presumption of guilt, anything contained in any law of these islands to the contrary notwithstanding: Provided, however, That no person charged with any felony, the punishment of which is capital, shall be so bailed.
LXXII. Suspends the following Acts of Assembly, except so far as they repeal or suspend wholly, or in part, other Acts, viz. : 8 Geo. 2, ch. 1; 15 Geo. 2, ch. 1 (in part); 5 Wm. 4, ch. 11; and 5 Wm. 4, ch. 22.
No. 2.-3 Vic. ch. 35. An Act to amend 2 Vic. ch. 5.
(February 20th, 1840.)
I. That it shall be lawful for the President, or other Officer administering the Government of the colony for the time being, in
Felonies within the jurisdic
tion of the Admiralty of England, how dealt with.
Justices may admit to bail for felony.
No. 2. Act 3 Vic. c. 35.
his discretion, to extend a free or conditional pardon to any person imprisoned by virtue of the Act to which this Act is an amendment, although such person shall be imprisoned for non-payment of money to some party other than the Crown.
II. That in case any person convicted of any offence punishable upon summary conviction, by virtue of the Act to which this Act is an amendment, shall have paid the sum adjudged to be paid, together with costs under such conviction, or shall have received a remission thereof from 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 under the sixty-third section of the said Act; in every such case he shall be released from all further or other proceedings for the same cause.
No. 3. Act 4 Vic. c. 27. PREAMBLE.
No. 3.-4 Vic. ch. 27. An Act to amend 2 Vic. ch. 5. (25th February, 1841.)
HEREAS, it is expedient to amend so much of an Act, passed in the second year of your Majesty's reign, entitled, "An Act for consolidating and amending the Laws relative to Larceny, and other Offences connected therewith," as relates to the punishment of any person convicted of burglary, and so much of the same Act as relates to any person who shall rob any other person of any chattel, money, or valuable security, or who shall steal any such property from the person of another, or shall assault any other person with intent to rob him, or shall with menaces, or by force, demand any such property of any such other person, with intent to steal the same, and so much of the same Act as relates to any person who shall accuse, or threaten to accuse any other person of any infamous crime, with a view or intent to extort or gain from him, and who shall, by intimidating him by such accusation or threat, extort, or gain from him any chattel, money, or valuable security; and so much of the same Act as relates to the punishment of principals in the second degree, and of accessaries before and after the fact, respectively, to such of the felonies punishable under that Act, as are herein before referred to; May it, &c., That so much of the said Act, as is hereinbefore referred to, shall conration from and tinue in force until, and throughout, the twenty-eighth day of February, in the present year of our Lord, One thousand eight hundred and forty-one, and shall, from and after that day, be repealed, except as to offences committed before or upon the said twenty-eighth day of February, which shall be dealt with and punished as if this Act had not been passed.
This Act to come into ope
after the 28th
Burglars using violence, to suffer death.
Definition of night.
II. That whosoever shall burglariously break and enter into any dwelling-house, and shall assault with intent to murder any person being therein, or shall stab, cut, wound, beat, or strike, any such person, shall be guilty of felony, and being convicted thereof, shall suffer death.
III. That whosoever shall be convicted of the crime of burglary, shall be liable to be imprisoned for any term not exceeding four years.
IV. That so far as the same is essential to the offence of bur
glary, the night shall be considered and is hereby declared to commence at seven of the clock in the evening of each day, and to conclude at five of the clock in the morning of the next succeeding day.
V. That whosoever shall rob any person, and at the time of or immediately before or immediately after such robbery shall stab, cut, or wound, any person, shall be guilty of felony, and being convicted thereof, shall suffer death.
VI. That whosoever shall, being armed with any offensive weapon or instrument, rob, or assault with intent to rob, any person, or shall together with one or more person or persons, rob, or assault with intent to rob any person, or shall rob any person, and at the time of, or immediately before or immediately after such robbery shall beat, strike, or use any other personal violence to any person, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years.
Act 4 Vic.
VII. That whosoever shall accuse or threaten to accuse any per- Punishment son of the abominable crime of buggery, committed either with for obtaining mankind or with beast, or of any assault, with intent to commit property by threat, &c. the said abominable crime, or of any attempt or endeavour to commit the said abominable crime, or of making or offering any solicitation, persuasion, promise or threat, to any person, whereby to move or induce such person to commit or permit the said abominable crime, with a view or intent in any of the cases aforesaid to extort or gain from such person, and shall by intimidating such person by such accusation or threat, extort or gain from such person any property, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four
VIII. That whosoever shall rob any person, or shall steal any property from the person of another, shall be liable to be imprisoned for any term not exceeding four years.
Punishment for robbing or stealing from the person. Punishment
IX. That whosoever shall assault any person, with intent to rob, shall be guilty of felony, and being convicted thereof, shall (save for assaulting, and except in the cases where a greater punishment is provided by this Act) be liable to be imprisoned for any term not exceeding rob.
with intent to
three years. X. That whosoever shall, with menaces or by force, demand Punishment property of any person, with intent to steal the same, shall be guilty with intent to for menacing, of felony, and being convicted thereof, shall be liable to be impri- steal. soned for any term not exceeding three years.
XI. That in the case of every felony punishable under this Act, Accessaries, every principal in the second degree, and every accessary before how punished. the fact, shall be punishable with death, or otherwise, 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 (except only a receiver of stolen property) shall, on conviction, be liable to be imprisoned for any term not exceeding two years.
XII. That where any person shall be convicted of any offence Direction of punishable under this Act, for which imprisonment may be awarded, the Court in it shall be lawful for the Court to sentence the offender to be im- cases of impriprisoned, 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.
XIII. That the word "property" shall, throughout this Act, be deemed to denote everything included under the words "chattel, money, or valuable security," used in the Act to which this Act is an amendment.
XIV. That when 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 these islands, as any other felony or misdemeanour committed within that jurisdiction.
XV. Act to commence on the first day of March, 1841.
No. 4.-7 Vic. ch. 16. An Act to explain 2 Vic. ch. 5.
HEREAS, the various pecuniary penalties imposed by, and other sums of money mentioned in, an Act of the General Assembly of the islands, passed in the second year of your Majesty's reign, entitled "An Act for consolidating and amending the laws relative to larceny, and other offences connected therewith," were all intended to represent British sterling money, but inasmuch as at the time the said Act came into operation, such British sterling money was not the money of account of these islands, doubts have arisen from the wording of some of the sections of the said Act, as to whether the sums of money in such sections named can be held and construed to mean British sterling money, or whether they do not rather represent what was the current money of the colony at the time of the coming into operation of the said Act. For removal of all which doubts, May it, &c., That the several pecuniary penalties imposed by, and the several other sums of money mentioned in the said recited Act, are intended to and do represent British sterling money, being the now lawful and current money of these islands, anything contained in the said recited Act to the contrary notwithstanding.
No. 1. Act 4 Vic. c. 31.
No. 1.-4 Vic. ch. 31.
An Act to amend the Laws relative to (25th February, 1841.)
I. Repeals so much of declaratory Act, 40 Geo. 3, ch. 2, as declares the following Acts of Parliament to be in force, viz., 5 Eliz. ch. 14; 7 Geo. 2, ch. 22; and 2 Geo. 2, ch. 25; except so far as the last-mentioned Act relates to perjury, and subornation of perjury.