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No. 5.

1852.

the words "indictable offence" shall be understood to mean any offence which can be tried in a superior court of criminal jurisdic- Ord. No. 13, tion; and, wherever in this or any other Ordinance or Act as aforesaid in describing, or referring to any person, or party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and shall be applied to several persons and parties, as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing; and the word "property" shall be understood to include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed.

XL. That the ninth section of the Act of the General Assembly of the Bahama Islands, passed in the fourth year of Her present Majesty's reign, chapter twenty-nine, shall be, and the same is hereby repealed.

XLI. That nothing in this Ordinance contained shall be deemed to repeal, wholly or in part, any Act of the General Assembly of the Bahama Islands, now in force in this colony, for the punishment of idle and disorderly persons, and rogues and vagabonds; but no person shall be punished for the same offence both under the said Acts, or either of them, and under this Ordinance.

No. 6.-ORDINANCE No. 3 of 1853.

For the regulation of Juries within the Turks and Caicos Islands. See the Ordinance in extenso, ante, Part III., Class IV., No. 1, Sections 26, &c.

No. 7.-ORDINANCE No. 2 of 1854.

To amend Ordinance No. 3 of 1853.

See the Ordinance in extenso, ante, Part III., Class IV., No. 2.

Ninth sect. of V. ch. 29, repealed.

Bahama Act, 4

None of the provisions of

the Act of the Bahamas for

punishing idle and disorderly

persons, repealed by this Ordinance.

No. 6. Ord. No. 3, 1853.

No. 7. Ord. No. 2, 1854.

No. 8.-ORDINANCE No. 2 of 1860.

An Ordinance for the removal of defects in the Administration of
Criminal Justice. (Passed 9th April, 1860. Confirmed 5th
September, 1860.)

W

No. 8. Ord. No. 2, 1860.

HEREAS the technical strictness of criminal proceedings PREAMBLE. might in some instances be further relaxed, so as to insure the punishment of the guilty, without depriving the accused of any just means of defence: And whereas it is expedient to make Accessaries further provision for the more effectual prosecution of accessaries before and after the fact to felony: And whereas it is also dient that any accessary before the fact to felony should be liable to be proceeded against, tried, convicted, and punished in all respects like the principal, as is now the case in treason, and in all

expe

before the fact

to any Felony nished in the may be pusame degree as the principal.

No. 8.

Accessaries

after the fact may be tried either with, before, or after the principal

Felon.

misdemeanours; May it, &c., That if any person shall become an Ord. No. 2, accessary before the fact to any felony, whether the same be a 1860. felony at common law, or by virtue of any statute or statutes made, or to be made, such person may be proceeded against, tried, convicted and punished in all respects as if he were a principal felon. II. And whereas an accessary after the fact to felony can at present be tried only along with the principal felon, or after the principal felon has been convicted, and not otherwise, which is sometimes productive of a failure of justice; Be it therefore ordained, That if any person shall become an accessary after the fact to any felony, whether the same be a felony at common law or by virtue of any statute or statutes made or to be made, he may be proceeded against, tried, and convicted, either as an accessary after the fact to the principal felony, together with the principal felon; or after the conviction of the principal felon, or may be proceeded against and convicted of a substantive felony, whether the principal felon shall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in like manner as any accessary after the fact to the same felony if convicted as an accessary may be punished; and the offence of such person, howsoever prosecuted, may be inquired of, tried, determined, and punished by any Court which shall have jurisdiction to try the principal felon, in the same manner as if the act by reason of which such persons shall have become an accessary had been committed at the same place as the principal felony: Provided always, that no person who shall be once duly tried for any such offence, whether as an accessary after the fact or as for a substantive felony, shall be liable to be again proceeded against or tried for the same offence.

Proviso.

In information for feloniously stealing property, a count may be added for feloniously receiving the same, knowing it to have been feloniously stolen, and vice versa.

Certain

amendments may be made

in criminal in

III. And whereas, according to the present practice of Courts of criminal jurisdiction, it is not permitted, in an information for stealing property, to add a count for receiving the same property knowing it to have been stolen, or in an information for receiving stolen property, knowing it to have been stolen, to add a count for stealing the same property, and justice is hereby often defeated; Be it therefore ordained, That in every information for feloniously stealing property, it shall be lawful to add a count for feloniously receiving the same property, knowing it to have been stolen; and in any information for feloniously receiving property knowing it to have been stolen, it shall be lawful to add a count for feloniously stealing the same property; and where any such information shall be preferred against any person, the prosecutor shall not be put to his election, but it shall be lawful for the jury who shall try the same to find a verdict of guilty, either of stealing the property or of receiving it, knowing it to have been stolen; and if such information shall be preferred against two or more persons, it shall be lawful for the jury who shall try the same to find all or any of the said persons guilty, either of stealing the property, or of receiving it knowing it to have been stolen; or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving it knowing it to have been stolen.

IV. And whereas a failure of justice frequently takes place in criminal trials by reason of variances between writings produced in evidence and the recital or setting forth thereof in the indict

ment or information, and the same cannot now be amended at the trial, except in cases of misdemeanour; for remedy thereof, Be it ordained, That it shall and may be lawful for any Court of Oyer and Terminer, and general Gaol Delivery, if such Court shall see fit so to do, to cause the information for any offence whatever, when any variance or variances shall appear between any matter in writing or in print produced in evidence, and the recital or setting forth thereof, in the information whereon the trial is pending, to be forthwith amended in such particular or particulars by some officer of the Court, and after such amendment the trial shall proceed in the same in all respects, both with regard to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance or variances had appeared.

CLASS VIII.

PRISON DISCIPLINE.

No. 1.—6 Wm. 4, ch. 15. An Act for regulating Prison Discipline, and for other purposes. (May 26, 1836.)

HEREAS, it is necessary and expedient that one uniform system of prison discipline should be established throughout the colony, as far as possible, and that adequate provision should be made by law for the due enforcement of labour within or without the prison walls, in conformity with sentences passed for that purpose; May it, &c., That in the Island of Grand Turk, the Judge of the Supreme Court, the Queen's Advocate, and the Justices of the Peace are hereby appointed a General Board of Superintendence of the gaol of Grand Turk; and that the resident Justices of the Peace, together with such other persons as the President may deem fit to nominate, be, and they are hereby respectively appointed, visitors of gaols, workhouses or other prisons that are or may be established on any of the islands on which they may severally reside or happen to be.

II. That it shall be the duty of the said Board of Superintendance in the Island of Grand Turk to meet monthly, and to inspect the various prisons placed by this Act under their superintendence; and it shall be the duty of the said General Board, as soon as conveniently may be after the passing of this Act, at their first meeting, to frame a set of prison rules and regulations, in conformity to the provisions of this Act, which, when submitted to and confirmed by the President, shall be the general prison rules throughout the colony; and it shall further be the duty of the said General Board to make and transmit a report of their monthly visits to the President, containing the state of the prisons, accompanied by such other recommendations for the improvement of the discipline, cleanliness, and general economy of the respective prisons under their superintendence, as may from time to time be found necessary; and it shall and may be lawful for the President to make the necessary order for carrying into effect such recommendations of the said general or any local board of visitors, or of any as he shall judge expedient. III. No longer in force, grand juries having been abolished. IV. That a book shall be kept in each prison established

8

No. 8. Ord. No. 2, 1860.

formations by order of the Court.

No. 1.

Act 6 W. 4,

c. 15. PREAMBLE.

Board of Superintendence. Visitors for out Island Gaols appointed.

Board of Super intendence to meet monthly to frame Prison

Rules, when approved are to be the General

Prison Rules for the Colony.

No. 1. Act 6 W. 4, c. 15.

Any one Justice or member may

visit Prisons.

Debtors not to pay Gaol fees.

Gaoler to assist

Debtors in applying for discharge.

Provost Marshal and Deputies liable for the escape of Debtors.

Gaoler and
Turnkey may

be tried for the
escape of prison-

ers.

Duty of Gaolers to visit cells.

Classification of
Prisoners.

throughout the colony, in which shall be entered the naine of cach visitor, the date of his visit, and in what capacity he may so visit any such prison.

V. Applies to New Providence alone.

VI. That any Justice of the Peace, and any member of the Board of Superintendence, may at any time visit the prison under his superintendence, for the purpose of inspecting and reporting thereon; but it shall be the duty of any such visiting Justice or member, as aforesaid, at all such visits, to enter his name in a book kept for that purpose, in such prison: Provided, however, that it shall not be competent for such member to alter any of the rules and regulations of any such prison.

VII. That no person hereafter confined for debt, by the process of any Court, shall be liable, or be compelled to pay any sum or sums of money, as gaol fees, consequent upon his admission, or discharge from any of the aforesaid gaols.

VIII. And whereas many poor debtors and other persons are unable, from want of proper instruction, to make known to the Courts or other competent authority, their inability to maintain themselves in gaol; Be it enacted, that whenever any prisoner confined in gaol shall be desirous of presenting any petition for the above support to any Court or other competent authority, it shall be the duty of the gaoler, and he is hereby required, to give him such assistance as may be requisite for that purpose, agreeably to such forms as may be furnished him.

IX. That if any prisoner committed in execution for debt, to any gaol within the colony, shall, by any ways or means whatsoever, escape thence, the officer having charge of such gaol shall be liable to the creditor or creditors, at whose suit such prisoner was charged in execution; and it shall and may be lawful for such creditor or creditors, forthwith to have and maintain an action or actions of debt against such officer, and to recover therein the full amount due on the judgment or judgments under which the prisoner so escaping was charged in execution at the time of his escape: Provided always, That the Provost Marshal of the colony, while he continues within the Government, shall be considered, deemed, and taken to be the officer in charge of every gaol at Grank Turk, and liable for all escapes from such gaols; but in case of his absence from the colony, the Deputy or Acting Provost Marshal shall be considered the officer in charge, as aforesaid, and subject to the liability aforesaid.

X. That any gaoler or turnkey, from whose custody a prisoner shall escape, shall be liable to be tried therefor, in the Supreme Court of these islands, to ascertain if the same was occasioned by negligence, or design, or connivance of such gaoler; and on conviction of any such offence, shall be liable to fine and imprisonment, or either, at the discretion of the Court.

XI. That it shall be the duty of the several gaolers of the prisons within the colony, to visit the whole of the cells in their prisons, at least once during every twenty-four hours, and to make a report in a book to be kept in each prison, in which the hour of visiting shall be entered, accompanied by the gaoler's signature.

XII. That prisoners confined within the walls of any prison within the colony, as far as the size and internal conveniences of such prisons will admit, shall be classified as follows; and when

so classified, each class shall be kept distinct and separate from the other. First, males from females; second, adults from children; third, prisoners committed under charges affecting their lives, from prisoners committed for other offences; fourth, prisoners sentenced to death from prisoners sentenced to other punishments; fifth, debtors from criminals: Provided, however, That nothing herein contained shall be construed to prevent male convicts sentenced to hard labour from working together in one gang, when there may be too few to form separate gangs, in conformity with the foregoing classification.

XIII. Applies to New Providence alone. XIV. That in the rules and regulations to be framed under the authority of this Act, the following points shall be provided for, viz.: First, the time of, and description, labour, of prisoners within and without the prisons, including the materials and tools; second the preservation of silence; third, the punishment of refractory prisoners; fourth, the diet of prisoners; fifth, medical attendance; sixth, distinguishing dresses; seventh, the religious instruction of the prisoners; eighth, a periodical return of all prisoners; ninth, printed forms to be used for gaol purposes.

XV. Applies to New Providence alone.

XVI. Repealed.

XVII. Duration. Five years.*

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CLASS IX.

OFFICE OF CORONER.

No. 1.-8 Geo. 4, ch. 9.-An Act for regulating the office of Coroner

WH

No. 1.

c. 9.

of the Turks Islands, and for the better mode of compelling the Act 8 G. 4,
attendance of Jurors, or other Persons, summoned to attend on
Inquests, and for other purposes. (Dec. 22nd, 1827.)

HEREAS it is highly necessary that whenever the Coroner of PREAMBLE.
the Turks Islands may receive notice of a violent death,

casually or misadventure, an inquest should be held on the body

as soon as possible, in order that the same may be interred without delay; but from the difficulty attending the collecting a sufficient number of fit and proper persons to form a jury, much inconvenience and delay have arisen; May it, &c., That every person Qualification sitting as a juror on the inquest of the body of any person, shall be of Jurors. of the age of twenty-one years, and a housekeeper on one or other of the said Turks Islands.

II. That from and after the passing of this Act it shall and may Mode of sumbe lawful for the Coroner of the said Turks Islands, to summon, moning Jurors. personally and verbally, or cause to be summoned by warrant under his hand directed to any constable, twenty-four persons duly quali

By 5 Victoria, passed on the 1st day of February, 1842, this Act is continued in force for five years, and from thence to the end of the then next Session of Assembly. Further continued by Ord. 10, 1851, and Ord. 2, 1857, for five years from 6th November, 1857.

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