c. 107. 16 & 17 Vic. missioners of inland revenue, or to the persons appointed by such British stat. commissioners respectively to receive the same, and such penal'ties and forfeitures shall be applied by such commissioners respectively in such manner as the law directs. (a) 1853. 17 VIC. c. 1. 17 VIC. c. 1.] To raise a supply for the use of the government of Island Act. this island by a duty on articles imported, and to appropriate the same. (b) 1853. Penalties, how recoverable. ISLD. [1st December, 1839.] 17 Vic. c. 1, sec. 18.] All penalties and forfeitures which may be incurred under this act shall and may be prosecuted, sued for, and recovered under so much of the imperial act, 16 and 17 Vic. c. 107 (ante), as relates to the regulation of British possessions. 17 Vrc. c. 2. 17 VIC. c. 2.] For the warehousing of goods imported into this Island Act. island, and for the prevention of smuggling. ISLD. [1st December, 1853.] 1853. 17 Vic. c. 2, sec. 33.] All penalties and forfeitures recovered under this or any other act relating to the customs, where not otherwise provided for, shall be paid into the hands of the principal officers of the customs at the port of Kingston, and shall be divided, paid, and applied as follows: (that is to say) after deducting the charges of prosecution from the produce thereof, two thirds shall be paid into the island treasury of this island for the use of the public of this island, and the remaining one third part shall be paid to the person who shall seize, inform, and sue for the same. (a) See COMMUTATIONS, &c. (Post.) (b) In force till December 31, 1854. XVI. SENTENCES AND PUNISHMENTS. c. 19. Island Act. 9 GEO. IV. c. 19.] For further improving the administration of 9 GEO. IV. criminal justice in this island. ISLD. [December 24, 1828.] 1828. clergy in 9 Geo. IV. c. 19, sec. 3.] Benefit of clergy, with respect to Benefit of persons convicted of felony, shall be abolished; but nothing cases of herein contained shall prevent the joinder in any indictment of abolished. any courts which might have been joined before the passing of this act. suffer death 4. No person convicted of felony shall suffer death, unless it No felon to be for some felony which was excluded from the benefit of unless under clergy before the passing of this act, or which hath been or shall &c. be made punishable with death by some future act of this island. same act, not punish death are to 5. Every person convicted of any felony, not punishable with How felons death, shall be punished in the manner prescribed by the act or able with acts specially relating to such felony; and every person con- be punvicted of any felony, for which no punishment hath been or ished. hereafter may be specially provided, shall be deemed to be punishable under this act, and shall be liable, at the discretion of the court, to be imprisoned for any term not exceeding one year, and, if a male, to be once, twice, or thrice publicly whipped, in addition to such imprisonment. (a.) Sentence for felony on a already for another 6. Whenever sentence shall be passed for felony on a person person already under imprisonment for another crime, it shall be lawful imprisoned for the court to award imprisonment for the subsequent offence, crime, to to commence at the expiration of the imprisonment to which commence such person shall have been previously sentenced. at the expiration of the previous sentence. for the pun who com after pre 7. And whereas it is expedient to provide for the more exem- Provision plary punishment of offenders who commit felony after a pre-ishment of vious conviction for felony, whether such conviction shall have offenders taken place before or after the commencement of this act: Be mit felony it enacted, That if any person shall be convicted of any felony vious connot punishable with death, committed after a previous convic-viction. tion for felony, such person shall, upon such subsequent conviction, be liable, at the discretion of the court, to be imprisoned for any term not exceeding two years; and if a male to be once, twice, or thrice publicly whipped, if the court shall so think fit, in addition to such imprisonment; and on an indictment for any such felony, committed after a previous conviction for felony, (a) Whipping abolished by 4 Vic. c. 45, and 4 Vic. c. 51 (post), but subse quently and ultimately revived in certain c. 19. 1828. 9 GEO IV. it shall be sufficient to state that the offender was, at a certain Island Act. time or place, convicted of felony, without otherwise describing the previous felony; and a certificate, containing the substance and effect only, omitting the formal part of the indictment for the previous felony, purporting to be signed by the clerk of the crown, or by the deputy of such officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same. (a) 10 GEO. IV. c. 14.] To enable the governor to commute sen10 GEO. IV. tence of death to transportation. ISLD. [December 19, 1829.] c. 14. Island Act. 10 Geo. IV. c. 14, sec. 5.] Any person who shall be transported from this island under and by virtue of this act, and shall wilfully return to this island, shall, upon conviction thereof, suffer death without benefit of clergy: Provided always, That nothing in this act shall, in any manner, affect his majesty's royal prerogative. 2 & 3 WILL. c. 34. British stat. 1832. The court may order hard labour 2 and 3 WM. IV. c. 34.] As to offences against the coin. BRIT. [May 23, 1832.] 2 and 3 Wm. IV. c. 34, sec. 19.] 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, with or without hard or solitary labour, in the common gaol or house of correction, and also to direct, that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, as to the court in its discretion shall seem meet. confine ment. 7 WILL. IV. c. 36. Island Act. 1837. 7 WM. IV. c. 36.] For consolidating and amending the laws of this island, relative to malicious injuries to property. ISLD. March 4, 1837.] 7 Wm. IV. c. 34, sec. 22.] Every punishment and forfeiture by this act imposed on any person maliciously committing any offence, whether the same be punishable upon indictment or this act to upon summary conviction, shall equally apply and be enforced, Punish ments under be enforced whether offence (a) See also 16 Vic. c. 17. (Post.) c. 36. whether the offender [offence?] shall be committed from malice 7 WM IV. conceived against the owner of the property, in respect of which Island Aot. it shall be committed or otherwise. 1837. committed or other tence to 24. Where any person shall be convicted of any indictable from malico offence punishable under this act, for which imprisonment may wise. be awarded, it shall be lawful for the court or justices to sen- Justices tence the offender to be imprisoned, or to be imprisoned and may sen kept to hard labour in the house of correction, and also to hard labour direct, that the offender shall be kept in solitary confinement tary confor the whole, or any portion or portions of such imprisonment, finemont. or of such imprisonment with hard labour, as to the court or justices in their discretion shall deem [seem?] meet. (a) or to soli 7 Wm. IV. c. 40.] For consolidating and amending the laws 7 WILL. IV. in this island, relative to larceny and other offences. ISLD. [March 4, 1837.] 7 Wm. IV. c. 40, sec. 2.] From and after the passing of this act, the distinction between grand larceny and petit larceny shall be abolished; and every larceny, whatever be the value of the property stolen, shall be deemed to be of the same nature, and shall be subject to the same incidents in all respects as grand arceny was before the commencement of this act: and every court, whose power as to the trial of larceny was, before the commencement of this act, limited to petit larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all such accessaries to such larceny. 3. Every person convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable, at the discretion of the court, to be transported for the term of seven years, or to be imprisoned for any term not exceeding two years. c. 40. Island Act. ment, 1837. ment and 4. With regard to the place and mode of imprisonment for all indictable offences punishable under this act, Be it enacted, PunishThat where any person shall be convicted of any felony or mis- imprisondemeanor punishable under this act, for which imprisonment hard labour, may be awarded, it shall be lawful for the court to sentence the or solitary offender to be imprisoned, or to be imprisoned and kept to hard ment. labour in the common gaol or house of correction; and also to (a) Amended by 1 Vic. c. 28, sec. 5, and by 4 Vic. c. 47. (Post.) confine c. 40. 7 WILL. IV. direct that the offender shall be kept in solitary confinement for Island Act. 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. (a) 1837. 7 WILL. IV. 7 WILL. IV. c. 41.] For consolidating and amending the laws Island Act. in this island relative to offences against the person. c. 41. 1837. For assault with intent felony. ISLD. [4th March, 1837.] 7 Will. IV. c. 41 sec. 21.] Where any person shall be charged to commit with and convicted of any of the following offences or misdemeanors, that is to say; of any assault with intent to commit felony; of any assault upon any magistrate, peace officer, or revenue officer, in the due execution of his duty, or upon any person acting in aid of such officer, of any assault upon any person with intent to resist or prevent the lawful apprehension or detainer of the party so assaulting, or if any other person for any offence for which he or they may be liable by law to be apprehended or detained, or of any assault committed in pursuance of any conspiracy to raise the rate of wages. Attainder not to make In any such case the court may sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding two years, and may also (if it shall so think fit) fine the offender, and require such offender to find sureties for keeping the peace. 33. From and after the passing of this act no attainder by judgcorruption ment of death or outlawry, in cases of petit treason or felony, shall be adjudged to work any corruption of blood. of blood. 7 WILL. IV. British stat. 1837. Punishments. 7 WILL. IV. and 1 VIC. c. 36.] For consolidating the laws relative to offences against the post office. BRIT. [July 12th, 1837.] 7 Will. IV, and 1 Vic. c. 36, sec. 41.] Every person convicted of any offence for which the punishment of transportation for life is herein awarded shall be liable to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and every person convicted of any offence punishable according to the post office acts by transportation for fourteen years shall be liable to be transported for any term not exceeding fourteen years nor (4) See note a. (Ante.) |