28 Vic. c. 3. These provi sions not to apply to certain cases. Assault occasioning bodily harm. Common assault. Rape. Procuring the defilement of girl under age. Carnally Carnally knowing a girl between the ages of ten and twelve. Persons con victed of attempts to commit rape. Indecent assaults, &c., how punished. XXXVII. Provided, that in case the Justices shall find the assault or battery complained of to have been accompanied by any attempt to commit felony, or shall be of opinion that the same is, from any other circumstance, a fit subject for a prosecution in a Superior Court, they shall abstain from any adjudication thereupon, and shall deal with the case in all respects in the same manner as if they had no authority finally to hear and determine the same; Provided also, that nothing herein contained shall authorize any Justices to hear and determine any cases of assault or battery, in which any question shall arise as to the title to any lands, tenements or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy or insolvency, or any execution under the process of any Court of Justice. XXXVIII. Whosoever shall be convicted in any Court of Superior Criminal Justice of any assault, occasioning actual bodily harm, shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall be, in like manner, convicted of a common assault, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding six months, or to pay a fine not exceeding twenty-five pounds. RAPE, ABDUCTION AND DEFILEMENT OF WOMEN. XXXIX. Whosoever shall be convicted of the crime of rape 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. XL. Whosoever shall, by false representations, or other fraudulent means, procure any woman or girl under the age of twenty-one years to have illicit carnal connection with any man, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour. XLI. Whosoever shall unlawfully and carnally know and abuse any girl under the age of ten years 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. XLII. Whosoever shall unlawfully and carnally know and abuse any girl, being above the age of ten years, and under the age of twelve years, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. XLIII. Whosoever shall be convicted of any assault, with intent to commit a rape, or of any indecent assault upon any female, or of any attempt to have carnal knowledge of any girl under twelve years of age, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years, with or without hard labour. XLIV. Where any woman of any age shall have any interest, 28 Vic. c. 3. whether legal or equitable, present or future, absolute, conditional will from mo &c. or contingent, in any real or personal estate, or shall be a pre- Abduction of sumptive heiress or co-heiress, or presumptive next of kin, or one a woman of the presumptive next of kin, to any one having such interest, against her whosoever shall, from motives of lucre, take away or detain such tives of lucre. woman against her will, with intent to marry, or carnally know her, or to cause her to be married, or carnally known by any other person; and whosoever shall fraudulently allure, take away or Fraudulent detain such woman, being under the age of twenty-one years, out abduction of a of the possession, and against the will of her father or mother, or girl under age, of any other person having the lawful care or charge of her, with against the will of her father, intent to marry or carnally know her, or to cause her to be married or carnally known by any other 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 fourteen years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and whosoever shall be convicted of any offence against Offender inthis section shall be incapable of taking any estate or interest, capable of legal or equitable, in any real or personal property of such woman, taking any of or in which she shall have any such interest, or which shall come to her as such heiress, co-heiress or next of kin as aforesaid; and if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the Court of Chancery shall, upon any information at the suit of the Attorney-General, appoint. her property. woman with intent to marry her. XLV. Whosoever shall by force take away or detain, against Forcible abher will, any woman of any age, with intent to marry or carnally duction of any know her, or to cause her to be married or carnally known by any other 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 fourteen years, and not less than three years, or to be imprisoned for any term not exceeding fourteen years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. XLVI. Whosoever shall unlawfully take, or cause to be taken, Abduction of a any unmarried girl, being under the age of sixteen years, out of girl under the possession and against the will of her father or mother, or of sixteen years of age. any other person having the lawful care or charge of her, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour. CHILD STEALING. XLVII. Whosoever shall unlawfully, either by force or fraud, Child stealing. lead or take away, or decoy or entice away, or detain any child under the age of fourteen years, with intent to deprive any parent, guardian or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; and whosoever shall, with any such intent, receive or harbour any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away or de 28 Vic. c. 3. tained as in this section before mentioned, 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 seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour; and if a male under the age of sixteen years, with or without whipping: Provided that no person who shall have claimed any right to the possession of such child, or shall be the mother, or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof. Bigamy. Not to extend to second marriages, &c., herein stated. Administering drugs or using instruments to procure abortion. BIGAMY. XLVIII. Whosoever being married shall marry any other person during the life of the former husband or wife, whether the second marrage shall have taken place in the Bahama Islands or elsewhere, 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 seven years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour: Provided that nothing in this section contained shall extend to any second marriage contracted elsewhere than in the Bahama Islands by any other than a subject of Her Majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.* ATTEMPT TO PROCURE ABORTION. XLIX. Every woman being with child, who, with intent to procure her own miscarriage, shall unlawfully administer to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent; and whosoever, with intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her, or cause to be taken by her, any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, 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. So much of this section as refers to a second marriage celebrated elsewhere than in the Bahama Islands is repealed by 29 Vic. c. 2. L. Whosoever shall unlawfully supply or procure any poison or 28 Vic. c. 3. other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or em- Procuring ployed with intent to procure the miscarriage of any woman, drugs, &c., to whether she be or be not with child, shall be guilty of a misde- cause abortion. meanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour. CONCEALING the Birth of a Child. child. LI. If any woman shall be delivered of a child, every person Concealing the who shall, by any secret disposition of the dead body of the said birth of a child, whether such child died before, at, or after its birth, endeavour to conceal the birth thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour: Provided, that if any person tried for the murder of any child shall be acquitted thereof, it shall be lawful for the Jury, by whose verdict such person shall be acquitted, to find, in case it shall so appear in evidence, that the child had recently been born, and that such person did, by some secret disposition of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if such person had been convicted upon an indictment for the concealment of the birth. UNNATURAL OFFENCES. LII. Whosoever shall be convicted of the abominable crime of Sodomy and Buggary, committed either with mankind or with any animal, bestiality. shall be liable, at the discretion of the Court, to be kept in penal servitude for life, or for any term not less than ten years. infamous LIII. Whosoever shall attempt to commit the said abominable Attempt to crime, or shall be guilty of an assault with intent to commit commit an the same, or of any indecent assault upon any male shall person, be guilty of a misdemeanor, 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. LIV. Whenever, upon the trial of any offence punishable under Carnal knowthis Act, it may be necessary to prove carnal knowledge, it shall ledge defined. not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only. OTHER MATTERS. LV. Any Constable, or Police Officer, may take into custody A person without a warrant any person whom he shall find lying or loiter- loitering at ing in any highway, yard, or other place, during the night, and night, and suswhom he shall have good cause to suspect of having committed, pected of any felony against or being about to commit, any felony in this Act mentioned, and this Act, may shall take such person, as soon as reasonably may be, before a be appreJustice of the Peace, to be dealt with according to law. hended. 28 Vic. c. 3. Punishment of principals in the second de gree and accessories. Persons sen tenced to penal servitude to be imprisoned in any prison LVI. In the case of every felony punishable under this Act, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Act punishable; and every accessory after the fact to any felony punishable under this Act (except murder) shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour; and every accessory after the fact to 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 whosoever shall counsel, aid or abet the commission of any misdemeanor punishable under this Act shall be liable to be proceeded against, prosecuted and punished as a principal offender. LVII. This section, which provided for the punishment of offences committed within the jurisdiction of the Admiralty of England, is repealed by 29 Vic. c. 2. LVIII. Every person who, under this or any other Act, shall be sentenced or ordered to undergo penal servitude, may during the time of the sentence or order be confined in any prison or place of confinement in any part of the Colony, which the Governor may from time to time direct, but in default of, and Governor's di- until any such direction shall be given, every such person shall be confined in the prison in the Island of New Providence. until the rections are received. Persons sentenced to penal servitude to be kept to hard labour. In case of pardon for capital felony, Governor may order penal servitude. Convicts, how removed. Hard labour in any lawful prison within the Colony. Solitary con finement and whipping. LIX. Every person, sentenced or ordered to undergo penal servitude under this or any other Act as aforesaid, shall be kept at hard labour within or without the walls of any such prison as aforesaid, according to such rules and regulations as may, from time to time, be in force in the Colony, for regulating prison discipline. LX. Whenever the Royal prerogative of mercy shall be exercised in favour of any person convicted of any capital felony, it shall be lawful for the Governor, in his discretion, to order such convict to undergo penal servitude for any period he may think fit, and every such convict shall thereupon be subject to be treated and dealt with, in all respects, as if he had been originally sentenced to penal servitude under this Act. LXI. Whenever the Governor shall direct any one or more convicts to be removed from the prison in the Island of New Providence to an Out-island prison, or from one Out-island prison to another, an order in writing for the purpose shall be made out and passed under the hand and seal at arms of the Governor, and every such order shall be a sufficient warrant and authority for the removal and conveyance of such convict or convicts from any one part of the Colony to any other part or parts, and shall protect all persons acting under its authority, to the same extent as persons are now by law protected for acting under the authority of warrants of arrest in criminal cases. LXII. Whenever imprisonment, with or without hard labour, may be awarded for any offence under this or any other Act, the Court may sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in any lawful prison within the Colony. LXIII. Whenever solitary confinement may be awarded for any offence under this or any other Act, the Court may direct |