XXI. And with regard to the place and mode of imprisonment 4 W. 4, c. 25. for all offences punishable under this Act; Be it, &c., That where any person shall be convicted of any offence punishable under this Place and Act, for which imprisonment may be awarded, it shall be lawful mode of imfor the Court to sentence the offender to be imprisoned, or to be prisonment for imprisoned and kept to hard labour in the common gaol or house this Act. 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, or of such imprisonment with hard labour, as to the Court, in its discretion, shall seem meet. offences under sentence for XXII. That wherever sentence shall be passed for felony on a Punishment of person already imprisoned under sentence for another crime, it shall felons impribe lawful for the Court to award imprisonment for the subsequent soned under offence, to commence at the expiration of the imprisonment to another crime. which such person shall have been previously sentenced; and where such person shall be already under sentence of imprisonment, the Court may award such sentence for the subsequent offence to commence at the expiration of the imprisonment to which such person shall have been previously sentenced, although the aggregate term of imprisonment may exceed the term for which those punishments could be otherwise awarded. XXIII. AND WHEREAS it is expedient to provide for the more Exemplary exemplary punishment of offenders who commit felony after a punishment of previous conviction for felony, whether such previous conviction felons who commit felony shall have taken place before or after the commencement of this after a preAct; Be it, &c., That if any person shall be convicted of any felony vious convicnot punishable with death, committed after a previous conviction tion provided for felony, such person shall, on such subsequent conviction, be for. liable, at the discretion of the Court, to be imprisoned for any term not exceeding four 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; and in any indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of a felony, without otherwise describing the previous felony; and a certificate containing the substance and effect only (omitting the formal part), of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or 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; and if any such clerk, officer, or deputy shall utter a false certificate of any indictment and conviction for a previous felony, or if any person other than such clerk, officer, or deputy, shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate, with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and being lawfully convicted thereof shall 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 or privately whipped (if the Court shall so think fit), in addition to such imprisonment. 4 W. 4, c. 25. In case of Crown or XXIV. That all offences prosecuted in the Court of Vice-Admiralty Sessions in these Islands shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offences had been committed upon the land. XXV. That when the King's Majesty shall be pleased to expardon by the tend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his royal sign manual, or the sign manual of the Governor, LieutenantGovernor, or other officer administering this Government in His Majesty's name, shall grant to such offender either a free or couditional pardon, the discharge of such offender out of custody, in the case of a free pardon, and the performance of the condition in the case of a conditional pardon, shall have the effect of a pardon under the Great Seal for such offender, as to the felony for which such pardon shall be so granted: Provided always, that no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the performance of the condition thereof, in any of the cases aforesaid shall prevent or mitigate the punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any felony committed after the granting of any such pardon. Pardon not to affect subsequent convic tions for felony. Statute applicable whether expressed in the singular or plural number, and shall, though not expressed, be XXVI. That wherever this or any other statute relating to any offence, whether punishable upon indictment, information or summary conviction, in describing or referring to the offence, or the subject-matter with respect to which it shall be committed, or the offender, or the party affected, or intended to be affected by the offence, hath used, or shall use words importing the singular number or the masculine gender only, yet the statute shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise porate as well specially provided, or there be something in the subject or context repugnant to such construction, and wherever any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved. held to refer to females as well as males, and to bodies cor as to indi viduals. . XXVII. Suspends part of Declaratory Act, 40 Geo. 3, c. 2. 8 Vic. c. 9. An Act for amending the Laws relating to the Payment of Expenses attending the Trial of Persons charged with Criminal Offences. (February 11th, 1845.) FIRST section repeals 27 and 28 sections of 45 Geo. 3, c. 21; 4 and 5 sections of 4 Vic. c. 9; and the entire of 7 Vic. c. 17. II. That every witness appearing before any Court of superior the expense of criminal jurisdiction in the Island of New Providence on recognizance or in obedience to any writ of subpoena, issued by any Crown officer to give evidence against any person or persons charged with any criminal offence, shall, if he or she is a resident of any Out Island of this Government be entitled to a reasonable Provision for witnesses. sum of money to pay his or her passage to and from New Provi- 8 Vic. c. 9. dence, together with an allowance of one shilling and sixpence per day while absent from his or her place of residence on the business of such prosecution: Provided always, that such allowance shall Including pasonly be paid on the certificate of the Chief Justice or presiding sage money Judge of any such Court, and of the Attorney-General or other and 1s. 6d. per proper officer prosecuting on behalf of the Crown. III. Provides for the payment of Crown witnesses attending the Court at Turks' Islands. day. IV. That it shall be lawful for the Governor or Commander-in- Governor auChief of these Islands for the time being, and he is hereby requested thorised to upon the production to him of any such joint certificate as afore- grant his warsaid, to grant his warrant, authorising the payment out of the Public Treasury of the amount certified for. rant on the Treasury for witnesses. V. That it shall be lawful for the Governor or Commander-in- And for conChief, from time to time to grant warrants upon the Public veyance of Treasury, for the payment of expenses of the description herein- prisoners. after enumerated, upon being satisfied that the services charged for were not only actually performed, and the charges therefor fair and reasonable, but that such services were necessary for the due and proper administration of Justice; that is to say, for the conveyance of prisoners charged with or convicted of any criminal offence from one Island to another, or from one settlement to another, in the same Island; for the payment of witnesses proceeding by order of a Magistrate from one Island to another, or from one settlement to another in the same Island, to give evidence in any criminal case summarily adjudicated on by Magistrates, or in the preliminary investigation of any criminal charges at and after the rate of one shilling and sixpence per day; for the payment of constables proceeding from one Island to another, or from one settlement to another in the same Island, in charge of any person or persons accused of a criminal offence, or to enforce the attendance of witnesses or defendants in criminal cases, at and after the aforesaid rate of one shilling and sixpence per day; and for the expenses attending the conveyance of the said witnesses and constables, as also of any person or persons in the custody of the latter, from their ordinary place of abode to the place where the trial or investigation may take place. 11 Vic. c. 21. An Act for the better Regulation of Trial by Jury. W (April 19th, 1848.) HEREAS the prosecution of criminal offences by indict- PREAMBLE. ment is attended with great uncertainty from the absence of knowledge on the part of grand juries of the particular facts of the different cases which are submitted by bills of indictment for their consideration, and the facility which is thereby afforded to unwilling witnesses to withhold material points of evidence, and the mode of proceeding by such bills of indictment before grand juries is attended with other inconveniences and disadvantages which materially interfere with the due administration of Criminal Justice, and tend to facilitate the escape of offenders, for remedy Procedure by 11 Vic. c. 21. whereof, May it, &c., That from and after the commencement of this Act, procedure by indictment in criminal cases shall be and the same is hereby abolished: Provided always, nevertheless, that all indictments which may have been found by a grand jury previous to the commencement of this Act, and which shall remain untried at the time of such commencement, shall be proceeded with and tried in the same and the like manner as if this Act had not been passed. indictment abolished. Examinations and informations taken before Justices not intended for summary jurisdiction, to be transmitted to the Attorney-General for prosecution. Mode of procedure. Interpretation of certain terms in 4 Will. 4, c. 25. The summoning of Grand Juries to be discontinued. II. That all examinations, informations, bailments, and recognizances taken by any Justice or Justices of the Peace for any island or district of this Colony (Turks' Islands and Caicos Islands excepted) relative to any criminal offence whatsoever in which such Justice or Justices shall not exercise the power of summary adjudication invested in them by any Act or Acts of Assembly, shall whenever such Justice or Justices have decided on sending the case for trial be returned and delivered by such Justice or Justices to the office of the Attorney-General at Nassau, who shall proceed against and prosecute the person or persons charged and accused in such examinations and informations or such of them as the Attorney-General may not deem expedient to admit as approvers by information according to the form in the Schedule to this Act annexed marked A. III. That every such information as last aforesaid shall be exhibited in open Court by the Attorney-General or some duly qualified Counsel authorized by him in that behalf, and shall thereupon be filed as a record in the office of the Clerk of the Crown at Nassau, and the trial of the person or persons charged in every such information shall then proceed in the same and the like manner, and shall be subject in all respects to the same and the like incidents as a trial by indictment after bill of indictment found by a grand jury is now proceeded with and subject to, except so far as the mode of conducting such trial, and the law relative thereto is altered by this Act. IV. This section relates exclusively to Turks' Islands and the Caicos. V. That the word "misdemeanor as used in the third section of the Act of the Fourth year of King William the Fourth, entitled, "An Act for improving the Administration of Criminal Justice in these Islands, for suspending certain Acts therein mentioned, and for other Purposes," shall be construed to apply to and comprehend all offences below the degree of felony for which previous to the commencement of this Act an indictment could have been preferred at common law or by statute, either at the instance of the Crown or of a private prosecutor, and it shall be the duty of every Justice of the Peace within his district to receive informations and take examinations and affidavits in all such cases as aforesaid, and to proceed therein as directed by the said recited section of the said Act. VI. Repealed by 26 Vic. c. 6. VII. That from and after the commencement of this Act it shall not be lawful to summon a grand jury to attend at any criminal court of Justice within these Islands, but on the day appointed by law for the drawing of jurors to serve in the several Courts of Law within these Islands, as also on any day appointed for drawing juries to serve at any special session of Oyer and Terminer and General Gaol Delivery, the proper officers of such 11 Vic. c. 21. Courts respectively shall instead of drawing a grand jury as heretofore, proceed at once to draw or cause to be drawn the petit jury for the term or session, any law, usage or custom to the contrary notwithstanding. VIII. That in all criminal cases other than cases in which the Two-thirds of penalty of death is affixed by law to the offence, and in all civil Jury may find a verdict excases the verdict may be found, given and returned by two-thirds cept in cases of the jury, empannelled to try the issue or issues joined in any where death is such criminal or civil case, and any verdict so found, given and the penalty. returned shall have the same force, validity and effect as if the same was found, given and returned by the unanimous voice of such jury, any law, usage or custom to the contrary notwithstanding. SCHEDULE A. In the General Court (or Court of Admiralty Sessions, Schedule (A.) Gaol Delivery, or Court of Criminal Justice, and Victoriæ. BAHAMA ISLANDS, Term Be it remembered that A. B., Esq., Attorney-General of our sovereign lady the Queen, for the Bahama Islands, who for our said lady the Queen prosecutes in this behalf in his proper person, comes into the (here insert designation of Court) Court of our said lady the Queen, for the Bahama Islands, before (here insert proper description of the Judge or Judges of the Court) at (here insert place where the Court is holden) on and for our said lady the Queen gives the Court here to understand and be informed that &c. so proceeding to state the facts and circumstances constituting the offence, with the same certainty and precision as in an indictment, and in the same form and according to the same rules, excepting that in introducing averments, instead of the words "and the jurors aforesaid upon their oath aforesaid do further present" the words "and the said Attorney-General of our said lady the Queen, for our said lady the Queen further gives the Court here to understand and be informed that, etc.:" must be used and the conclusion to be the same as in an indictment. 12 Vic. c. 19. An Act for the Removal of Defects in the Administration of Criminal Justice. (April 14th, 1849.)* IV. AND WHEREAS a failure of justice frequently takes place Certain amendin criminal trials by reason of variance between writings produced ments may be in evidence, and the recital or setting forth thereof in the indict- made in cri • This Act, with the exception of the fourth clause, is repealed by 28 Vic. |