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PART III.

CLASS 1.- TREASON.

II.-PIRACY.
III.—OFFENCES AGAINST THE PERSON, MALICIOUS INJU-

RIES TO PROPERTY, AND LARCENY.
IV.-FORGERY, PERJURY AND False DECLARATIONS.

V.-CRIMINAL PROCEDURE.
VI.- CRIMINAL REPEAL STATUTES.
VII.- DEPARTMENT OF PROVOST MARSHALL.
VIII.-OFFICE OF CORONER.
» IX.—STIPENDIARY JUSTICES OF THE PEACE AND THEIR

JURISDICTION.
X.-ACTS RELATING TO THE JURISDICTION AND DUTIES

OF JUSTICES IN THE GENERAL COMMISSION OF

THE PEACE.
XI.- CONSTABULARY FORCE.
XII.-FIRE BRIGADES.
XIII.-MILITIA.

CLASS 1.

TREASON, By the Declaratory Act 40 Geo. 3, c. 2, s. 3, it is declared that

all and every the Acts and Statutes of the Parliament of England, or of Great Britain, which relate to the prerogatives of the Crown or to the allegiance of the people, are, and of right ought to be, in full force in this Colony; and in addition to this general declaration the following Statutes relating to the offence of Treason are expressly extended to the Colony by the said declaratory Act,viz.: 25 Edw. 3, st. 5, c. 2; 34 Edw. 3, c. 12; and 20 Geo. 2, c. 30.

PART III.

CLASS II.

PIRACY.
The following Acts of Parliament relating to this Offence are

in force here, viz.: 27 Hen. 8, c. 4 ; 28 Hen. 8, c. 15;
11 & 12 Wm. 3, c. 7 ; 18 Geo. 2, c. 30 ; 39 Geo. 3, c. 37 ;
and 1 Vic, c. 88. See also Vol. 1, Part 2, Class 3, Title
Court of Admiralty Sessions."

PART III.

CLASS III.
OFFENCES AGAINST THE PERSON, MALICIOUS

INJURIES TO PROPERTY, AND LARCENY.
28 Vic. c. 2. An Act to consolidate and amend the Statute Law

of the Bahama Islands relative to Accessories to, and
Abettors of, Offences cognizable in the Superior Criminal
Courts of Common Law of the Colony. (Assented to
February 24th, 1865.)

AS TO ACCESSORIES BEFORE THE FACT. I. Whosoever shall become an accessory before the fact to any Accessories felony, whether the same be a felony at Common Law, or by before the fact virtue of any Act passed or to be passed, may be prosecuted, may be tried tried, convicted, and punished, in all respects as if he were a

and punished principal felon.

as principals. II. Whosoever shall counsel, procure or command any other Accessories person to commit any felony, whether the same be a felony at before the fact Common Law, or by virtue of any Act passed or to be passed, may be proseshall be guilty of felony, and may be prosecuted and convicted, cuted as such, either as an accessory before the fact to the principal felony, tive felons. together with the principal felon, or after the conviction of the principal felon; or may be prosecuted 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 the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.

AS TO ACCESSORIES AFTER THE Fact. III. Whosoever shall become an accessory after the fact to Accessories any felony, whether the same be a felony at Common Law, or by after the fact virtue of any Act passed or to be passed, may be prosecuted and may be prose

cuted as such convicted either as an accessory after the fact to the principal

or as substanfelony, together with the principal felon, or after the conviction tive felons. of the principal felon, or may be prosecuted and convicted of a

28 Vic. c. 2. 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 accessory after the fact to the same felony, if convicted as an

accessory may be punished. Punishment of IV. Every accessory after the fact to any felony (except where accessories

it is otherwise specially enacted), whether the same be a felony after the fact

at Common Law, or by virtue of any Act passed or to be passed, shall be liable, at the discretion of the Court, to be imprisoned, in any lawful Prison of the Colony, for any term not exceeding two years, with or without hard labour ; and it shall be lawful for the Court, if it shall think fit, to require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to such punishment; provided that no person shall be imprisoned under this clause for not finding sureties, for any period exceeding one year.

cessories may

As TO ACCESSORIES GENERALLY, Prosecution of V. If any principal offender shall be in anywise convicted of accessory after

any felony, it shall be lawful to proceed against any accessory, principal has

either before or after the fact, in the same manner as if such been convicted, but not at

principal felon had been attainted thereof, notwithstanding such tainted. principal felon shall die or be pardoned, or otherwise delivered

before attainder; and every such accessory shall, upon conviction, suffer the same punishment as he would have suffered if the prin

cipal had been attainted. Several ac- VI. Any number of accessories at different times to any felony,

and any number of receivers at different times, of property stolen be included in

at one time, may be charged with substantive felonies in the same the same infor- information, and may be tried together, notwithstanding the prinmation, although prin

cipal felon shall not be included in the same information, or shall cipal felon not not be in custody or amenable to justice. included.

As to ABETTORS IN MISDEMEANORS. Abettors in

VII. Whosoever shall aid, abet, counsel, or procure the commisdemeanors. mission of any misdemeanor, whether the same be a misdemeanor

at Common Law, or by virtue of any Act passed or to be passed, shall be liable to be tried, prosecuted and punished as a principal

offender. Commence- VIII. This Act shall commence and take effect on the first day ment of Act. of December, one thousand eight hundred and sixty-five.

28 Vic. c. 3. An Act for amending the Statute Law of the

Bahama Islands relating to Offences against the Person. (Assented to 24th February, 1865.)

Murder.

HOMICIDE. I. Whosoever shall be convicted of murder, shall suffer death as a felon.

II. Upon every conviction of murder the Court shall pronounce sentence of death, and the same may be carried into

Sentence for murder.

execution, and all other proceedings upon such sentence and in 28 Vic. c. 3. respect thereof may be had and taken in the same manner in all respects as sentence of death might have been pronounced and carried into execution, and all other proceedings thereupon, and in respect thereof, might have been had and taken, before the passing of this Act, upon a conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon.

III. Whosoever shall be convicted of manslaughter shall be Manslaughter. liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term uot less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, or to pay such fine as the Court shall award, in addition to, or without any such other discretionary punishment as aforesaid.

IV. In any information for murder or manslaughter, or for Information being an accessory to any murder or manslaughter, it shall not be for murder or necessary to set forth the manner in which, or the means by which manslaughter. the death of the deceased was caused ; but it shall be sufficient, in any information for murder, to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased ; and it shall be sufficient, in any information for manslaughter, to charge that the defendant did feloniously kill and slay the deceased ; and it shall be sufficient, in any information against any accessory to any murder or manslaughter, to charge the principal with the murder or manslaughter (as the case may be), in the manner hereinbefore specified, and then to charge the defendant as an accessory in the manner heretofore used and accustomed.

V. No punishment or forfeiture shall be incurred by any person Excusable who shall kill another by misfortune, or in his own defence, or in homicides. any other manner without felony.

VI. Every offence which before the commencement of the Act Petit treason. of the 4th year of King William the Fourth, chapter six, would have amounted to Petit Treason, shall be deemed to be murder only and no greater offence; and all persons guilty in respect thereof, whether as principals or as accessories, shall be dealt with, prosecuted, tried and punished as principals and accessories to murder.

ATTEMPTS TO MURDER. VII. Whosoever shall administer to, or cause to be administered Administering to, or to be taken by any person, any poison or other destructive poison or thing, or shall, by any means whatsoever, wound or cause any with intent to grievous bodily harm to any person, with intent, in any of the

murder. cases aforesaid, to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

VIII. Whosoever, by the explosion of gunpowder or other Destroying or explosive substance, shall destroy or damage any building with damaging a intent to commit murder, shall be guilty of felony, and being con- building with victed thereof shall be liable, at the discretion of the Court, to be with intent to

murder.

28 Vic. c. 3. kept in penal servitude for life, or for any term not less than

three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary

confinement. Setting fire to IX. Whosoever shall set fire to any ship or vessel, or any or casting

part thereof, or any part of the tackle, apparel, or furniture away a ship, with intent to

thereof, or any goods or chattels being therein, or shall cast away murder. or destroy any ship or vessel, with intent, in any of such cases,

to commit murder, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary con

finement. Attempting to X. Whosoever shall attempt to administer to, or shall attempt administer to cause to be administered to, or to be taken by any person, any poison, or shooting or

poison or other destructive thing ; or shall shoot at any person or attempting to

shall, by drawing a trigger, or in any other manner, attempt to drown, &c., discharge any kind of loaded arms at any person, or shall attempt with intent to to drown, suffocate or strangle any person with intent, in any of murder.

the cases aforesaid, to commit murder, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary con

finement. By any other XI. Whosoever shall, by any means other than those specified

in any of the preceding sections of this Act, attempt to commit tempting to

murder, shall be guilty of felony, and being convicted thereof commit murder.

shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.

means at

LETTERS THREATENING TO MURDER. Sending letters XII. Whosoever shall maliciously send, deliver, or utter, or threatening to directly or indirectly cause to be received, knowing the contents murder. thereof, any letter, or writing, threatening to kill or murder

any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement; and, if a male under the age of sixteen years, with or without whipping.

Impeding a person endeavouring to save himself from shipwreck.

ACTS CAUSING OR TENDING TO CAUSE DANGER TO LIFE OR

BODILY HARM. XIII. Whosoever shall unlawfully and maliciously prevent or impede any person, being on board of, or having quitted any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, in his endeavour to save his life, or shall unlawfully and maliciously prevent or impede any person in his endeavour to save

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