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the peace.

the offender to be kept in solitary confinement for any portion or 28 Vic. c. 3. portions of any imprisonment, or of any imprisonment with hard labour, which the Court may award, not exceeding one month at any one time, and not exceeding three months in any one year ; and whenever whipping may be awarded for any offence under this or any other Act, the Court may sentence the offender to be once privately whipped, and the number of strokes shall be specified by the Court in the sentence.

LXIV. Whenever any person shall be convicted of any mis- fine and suredemeanor punishable under this or any other Act, the Court may, ties for keeping if it shall think fit, in addition to, or in lieu of any punishment by such Act authorized, find the offender, and require him to enter into his own recognizances, and to find sureties, both or either, for keeping the peace and being of good behaviour ; and in In what cases. case of any felony punishable under this or any other Act otherwise than with death, the Court may, if it shall think fit, require the offender to enter into his own recognizances, and to find sureties, both or either, for keeping the peace, in addition to any punishment by such Act authorized : Provided, that no person shall be imprisoned for not finding sureties under this clause for any period exceeding one year.

LXV. No summary conviction under this Act shall be quashed No certiorari, for want of form, or be removed by certiorari into any of her &c. Majesty's Superior Courts of Record; and no warrant of commitment shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

LXVI.. Where any person shall be convicted in any Superior On a convicCourt of an assault, whether with or without cutting and wound- tion for assault ing, or either of them, or of any misdemeanor, whether at Common with misdeLaw, or under this or any other Statute, such person may, if the meanor, the Court think fit, in addition to any sentence which the Court may order paydeem proper for the offence, be adjudged to pay the actual and

ments of costs necessary costs and expenses of the prosecution, including attend- by the deance and travelling expenses of the witnesses for the Crown ; fendant. and, unless the sum so awarded shall be sooner paid, the offender shall be imprisoned for any term the Court shall award, not exceeding three months, in addition to the term of imprisonment (if any), to which the offender may be sentenced for the offence.

LXVII. The Court may, by warrant, order such sum as shall Such costs may be so awarded, to be levied by distress and sale of the goods and be levied by chattels of the offender, and paid to the parties respectively en- distress. titled to receive the same, and the surplus, if any, arising from such sale, shall be paid to the owner; and in case such sum shall be so levied, the imprisonment awarded, until payment of such sum, shall thereupon cease.

LXVIII. Every offence hereby made punishable on summary How offences conviction may be prosecuted in the manner directed by the Act punishable on of Assembly of the twelfth year of Her Majesty's reign, chapter summary con ten, and in every such case the party accused shall be allowed to viction shall be make his full answer and defence, and to have all witnesses

prosecuted. examined and cross-examined by Counsel or Attorney.

LXIX. In all cases of summary conviction under this Act, the Appeals reguparty or parties convicted shall have a right of appeal against lated. such conviction to the General Court at Nassau-such appeal to

1867.

28 Vic. c. 3. be proceeded with and decided according to the provisions of

any Act or Acts of the General Assembly of these Islands, now or hereafter to be passed for regulating appeals in cases of summary conviction.

LXX. This Act shall commence and take effect on the first day of December, 1865.

house, any

28 Vic. c. 31. An Act to amend the Statute Law of the Bahama

Islands, relating to Malicious Injuries to Property. (As

sented to 3rd May, 1865.)

INJURIES BY FIRE TO BUILDINGS, AND GOODS THEREIN. Setting fire to I. Whosoever shall unlawfully and maliciously set fire to any a church or church, chapel, meeting-house, or other place of Divine worship, chapel.

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, and, if a male

under the age of sixteen years, with or without whipping. Setting fire to II. Whosoever shall unlawfully and maliciously set fire to any a dwelling dwelling-house, any person being therein, shall be guilty of felony,

and being convicted thereof shall be liable, at the discretion of the person being therein.

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, and, if a male under the age of sixteen years,

with or without whipping. Setting fire to III. Whosoever shall unlawfully and maliciously set fire to any a house, out- house, stable, coach-house, outhouse, warehouse, office, shop, mill, house, manu- barn, storehouse, granary, hovel or shed, or to any farm-building, factory, farmbuilding, &c.

or to any building or erection used in farming land, or for any
agricultural purpose, or the carrying on any trade or manufacture,
or any branch thereof, whether the same shall then be in the pos-
session of the offender, or in the possession of any
with intent thereby to injure or defraud any person, shall be guilty
of felony, and being convicted thereof shall be liable, at the dis-
cretion 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, and, if a male under the age

of sixteen years, with or without whipping. Setting fire to IV. Whosoever shall unlawfully and maliciously set fire to any any public building, other than such as are in this Act before mentioned, bebuilding

longing to the Queen or to the Colonial Government, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, 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

other person,

exceeding two years, with or without hard labour, and, if a male 28 Vic. c. 31. under the age of sixteen years, with or without whipping.

V. Whosoever shall unlawfully and maliciously set fire to any Setting fire to building, other than such as are in this Act before mentioned, shall other buildbe guilty of felony, and being convicted thereof shall be liable, at ings. 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, if a male under the age of sixteen years, with or without whipping.

VI. Whosoever shall unlawfully and maliciously set fire to any Setting fire to matter or thing, being in, against, or under any building, under goods in any such circumstances that if the building were thereby set fire to building, the the offence would amount to felony, shall be guilty of felony, and which is being convicted thereof shall be liable, at the discretion of the felony. 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, if a . male under the age of sixteen years, with or without whipping.

VII. Whosoever shall unlawfully and maliciously, by any overt Attempting to act, attempt to set fire to any building, or any matter or thing in set fire to the last preceding section mentioned, under such circumstances buildings. that if the same were thereby set fire to, the offender would be guilty of felony, 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 with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

INJURIES BY EXPLOSIVE SUBSTANCES TO BuildinGS AND

GOODS THEREIN. VIII. Whosoever shall unlawfully and maliciously, by the ex- Destroying or plosion of gunpowder or other explosive substance, destroy, throw damaging a

house with down, or damage the whole or any part of any dwelling-house, any person being therein, or of any building whereby the life of any any person

gunpowder, person shall be endangered, shall be guilty of felony, and being being therein. 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, and, if a male under the age of sixteen years, with or without whipping.

IX. Whosoever shall unlawfully and maliciously place or throw Attempting in, into, upon, under, against, or near any building, any gunpowder to destroy or other explosive substance, with intent to destroy or damage any buildings with building, or any engine, machinery, working tools, fixtures, goods gunpowder. or chattels, shall, whether or not any explosion take place, and whether or not any damage be caused, 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

28 Vic.c. 31. 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.

Rioters de molishing church, build. ing, &c.

INJURIES TO BUILDINGS BY RIOTERS, &c. X. If any persons, riotously and tumultuously assembled together to the disturbance of the public peace, shall unlawfully and with force demolish, or pull down or destroy, or begin to demolish, pull down or destroy any church, chapel, meeting-house, or other place of Divine worship, or any house, stable, coachhouse, outhouse, warehouse, office, shop, mill, barn, granary, shed or hovel, or any building or erection used in farming land, or for agricultural purpose, or in carrying on any trade or manufacture, or any branch thereof, or any building other than such as are in this section before mentioned, belonging to the Queen or to the Colonial Government, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or contribution, or any machinery, whether fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, every such offender 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 solitary confinement.

XI. If any persons, riotously and tumultuously assembled together to the disturbance of the public peace, shall unlawfully and with force injure or damage any such church, chapel, meeting-house, place of Divine worship, house, stable, coach-house, outhouse, warehouse, office, shop, mill, barn, granary, shed, hovel, building, erection or machinery, as in the last preceding section mentioned, every such offender 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 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 if upon the trial of any person for any felony in the last preceding section mentioned, the Jury shall not be satisfied that such person is guilty thereof, but shall be satisfied that he is guilty of any offence in this section mentioned, then the Jury may find him guilty thereof, and he may be punished accordingly.

Rioters in juring building, machinery, &c.

INJURIES TO BUILDINGS BY TENANTS. Tenants of XII. Whosoever being possessed of any dwelling-house or other houses, &c., building, or part of any dwelling-house or other building, held for maliciously any term of

years or other less term, or at will, or held over after injuring them. the termination of any tenancy, shall unlawfully and maliciously

pull down or demolish, or begin to pull down or demolish the same or any part thereof, or shall unlawfully and maliciously pull down or sever from the freehold any fixture, being fixed in or to such dwelling-house or building, or part of such dwelling-house or

building, shall be guilty of a misdemeanor. Felony to cut XIII. Whosoever shall unlawfully and maliciously cut, break or destroy any or destroy, or damage with intent to destroy or to render useless, machinery, or fire engine.

any machine or engine, whether fixed or moveable, prepared for

&c.

&c.

or employed in any manufacture whatsoever, or any fire engine, 28 Vic. c.31. 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 with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

INJURIES TO CORN, TREES AND VEGETABLE PRODUCTIONS. XIV. Whosoever shall unlawfully and maliciously set fire to Setting fire to any crop of hay, grass, corn, grain or pulse, or of any cultivated crops of corn, vegetable produce, whether standing or cut down, or to any part of any wood, coppice or plantation of trees, wheresoever the same may be growing, 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 with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

XV. Whosoever shall unlawfully and maliciously set fire to any Setting fire to stack of corn, grain, pulse, tares, hay, straw, or of any cultivated stacks of corn, vegetable produce, or of coals, charcoal, wood or bark, or to any stack of wood or bark, 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, and, if a male under the

age
of sixteen years,

with or without whipping:

XVI. Whosoever shall unlawfully and maliciously, by any overt Attempting act, attempt to set fire to any such matter or thing as in either of to set fire to the last two preceding sections mentioned, under such circum- any crops of

, stances that if the same were thereby set fire to, the offender

to any stock or would be under either of such sections guilty of felony, shall be steer. 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 with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.

XVII. Whosoever shall unlawfully and maliciously cut, break, Destroying or bark, root up, or otherwise destroy or damage, the whole or any damaging part of any tree, sapling or shrub, or any underwood, growing in trees, shrubs, any park, pleasure ground, garden, orchard or avenue, or in any value of more ground adjoining or belonging to any dwelling-house (in case the than £1, amount of the injury done shall exceed the sum of one pound), growing in a shall be guilty of felony, and being convicted thereof shall be pleasure liable, at the discretion of the Court, to be kept in penal servitude ground, &c. for the term of 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.

XVIII. Whosoever shall unlawfully and maliciously cut, break, Destroying or

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