« EelmineJätka »
cretion of the Court, to be kept in penal servitude for any term not 28 Vic. c. 31. 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.
SENDING LETTERS THREATENING TO BURN OR DESTROY. XXXVI. Whosoever shall send, deliver or utter, or directly Sending letters or indirectly cause to be received, knowing the contents thereof, burn or destroy any letter or writing, threatening to burn or destroy any house, houses, buildbarn or other building, or any rick, or stack of lumber, grain, hay ings, ships, &c. or straw, or other agricultural produce, or any lumber, grain, hay or straw, or other agricultural produce, in or under any building, or any ship or vessel, or to kill, maim or wound any cattle, 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.
INJURIES NOT BEFORE PROVIDED FOR. XXXVII. Whosoever shall unlawfully and maliciously commit Persons comany damage, injury or spoil to, or upon any real or personal pro- mitting maliperty whatsoever, either of a public or private nature for which cious injuries
not before prono punishment is hereinbefore provided, the damage, injury, or
vided for exspoil
, being to an amount exceeding five pounds, shall be guilty of ceeding the a misdemeanor, and being convicted thereof shall be liable, at the amount of £5. discretion of the Court, to be imprisoned for any term not exceeding two years, with or without hard labour ; and in case any such offence shall be committed between the hours of nine of the clock in the evening and six of the clock in the next morning, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding five years, and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.
XXXVIII. Whosoever shall wilfully and maliciously commit Persons comany damage, injury or spoil to, or upon any real or personal pro- mitting daperty whatsoever, either of a public or private nature, for which mage to any no punishment is hereinbefore provided, shall on conviction property, in thereof, before a Justice of the Peace, at the discretion of the any case not
previously proJustice, either be committed to any lawful prison within the vided for, may Colony, there to be imprisoned only, or to be imprisoned and kept be committed to hard labour for any term not exceeding two months, or else or fined, and shall forfeit and pay such sum of money not exceeding five pounds, compelled by a as to the Justice shall seem meet ; and also such further sum of
compensation money as shall appear to the Justice to be a reasonable compen- not exceeding sation for the damage, injury or spoil so committed, not exceeding £5. the sum of five pounds, which last-mentioned sum of money shall
, in the case of private property, be paid to the party aggrieved ; and in the case of property of a public nature, or wherein any public right is concerned, the money shall be applied in the same manner as every penalty imposed by a Justice of the Peace under this Act; and if such sums of money, together with costs (if Application of ordered), shall not be paid, either immediately after the conviction, the money or within such period as the Justice shall, at the time of the con- awarded.
Justice to pay
28 Vic. c.31. viction appoint, the Justice may commit the offender to any
lawful prison within the Colony, there to be imprisoned only, or to be imprisoned and kept to hard labour, as the Justice shall
think fit, for any term not exceeding two months, unless such Not to extend sums and costs be sooner paid : Provided, that nothing herein to certain cases contained shall extend to any case where the party acted under a herein named. fair and reasonable supposition that he had a right to do the act
complained of, nor to any trespass not being wilful and malicious, committed in hunting, fishing or in the pursuit of game, but that every such trespass shall be punishable in the same manner as if
this Act had not passed. Preceding sec XXXIX. The provisions in the last preceding section contion to extend tained shall extend to any person who shall wilfully or maliciously to trees.
commit any injury to any tree, sapling, shrub, or underwood, for which no punishment is hereinbefore provided.
OTHER MATTERS. Principals in XL. In the case of every felony punishable under this Act, the second
every principal in the second degree, and every accessory before degree and
the fact, shall be punishable in the same manner as the principal accessories,
in the first degree is by this Act punishable ; and every accessory after the fact to any felony punishable under this Act shall on conviction be liable, at the discretion of the Court, to be im
prisoned for any term not exceeding two years, with or without Abettors in hard labour, and with or without solitary confinement; and every misdemeanors. person who shall aid, abet, counsel or procure the commission of
any misdemeanor punishable under this Act, shall be liable to be proceeded against, prosecuted and punished as a principal
offender. A person loi
XLI. Any constable or peace officer may take into custody, tering at night without warrant, any person whom he shall find lying or loitering and suspected in any highway, yard or other place during the night, and whom of any felony against this
he shall have good cause to suspect of having committed, or being Act may be about to commit, any offence against this Act, and shall take such apprehended. person, as soon as reasonably may be, before a Justice of the
Peace, to be dealt with according to law. Malice against XLII. Every punishment and forfeiture by this Act imposed owner of pro on any person maliciously committing any offence, whether the perty un
same be punishable in a Superior Court of Criminal Justice, or necessary.
upon summary conviction, shall equally apply and be enforced, whether the offence shall be committed from malice conceived against the owner of the property, in respect of which it shall be
committed or otherwise. Persons to XLIII. Every provision of this Act, not hereinbefore so apwhom certain plied, shall apply to every person who, with intent to injure or provisions of
defraud any other person, shall do any of the acts hereinbefore this Act shall apply.
made penal, although the offender shall be in possession of the
property against or in respect of which such act shall be done. Intent to in XLIV. It shall be sufficient in any information for any offence jure or defraud against this Act, where it shall be necessary to allege an intent to particular per- injure or defraud, to allege that the party accused did the act with sons need not be stated in
intent to injure or defraud (as the case may be), without alleging any informa.
an intent to injure or defraud any particular person ; and on the tion.
trial of any such offence it shall not be necessary to prove an intent to injure or defraud any particular person, but it shall be suffi
cient to prove that the party accused did the act charged with an 28 Vic. c.31. intent to injure or defraud (as the case may be).
XLV. Any person found committing any offence against this Persons in Act, whether the same be punishable in a Superior Court of Criminal the act of comJustice, or upon summary conviction, may be immediately appre- mitting any
offence hended without a warrant by any peace officer or the owner of the
apprehended property injured or his servant or any person authorized by him, without a and forthwith taken before some neighbouring Justice of the Peace, warrant. to be dealt with according to law.
XLVI. Where any person shall be charged on the oath of a Mode of comcredible witness, before any Justice of the Peace, with any offence pelling the punishable on summary conviction under this Act, the Justice appearance of
persons may summon the person charged to appear at a time and place to
punishable on be named in such summons; and if he shall not appear accordingly, summary conthen (upon proof of the due service of the summons upon such viction. person, by delivering the same to him personally or by leaving the same at his usual place of abode), the Justice may either proceed to hear and determine the case ex parte, or issue his warrant for apprehending such person and bringing him before himself or some other Justice of the Peace; or the Justice before whom the charge may be made may (if he shall so think fit), without any previous summons, unless where otherwise specially directed, issue such warrant ; and the Justice before whom the person charged shall appear or be brought, shall proceed to hear and determine the case.
XLVII. Whosoever shall aid, abet, counsel or procure the Abettors in commission of any offence, which is by this Act punishable on offences summary conviction either for every time of its commission, or for punishable on the first and second time only, or for the first time only, shall on
viction. conviction before a Justice of the Peace be liable, for every first, second or subsequent offence of aiding, abetting, counselling or procuring, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence, as a principal offender is by this Act made liable.
XLVIII. Every sum of money which shall be forfeited for the Application amount of any injury done, shall be assessed in each case by the of forfeitures convicting Justice or Justices, and shall be paid to the party
and penalties aggrieved except where he is unknown, and in that case such sum convictions.
upon summary shall be applied in the same manner as a penalty; and every sum which shall be imposed as a penalty, by any Justice or Justices of the Peace, whether in addition to such amount or otherwise, shall be paid and applied in the same manner as other penalties recoverable before Justices of the Peace are to be paid and applied in cases where the Statate imposing the same contains no directions for the payment thereof to any person ; Pro- Proviso where vided, that where several persons shall join in the commission of several persons the same offence, and shall upon conviction thereof each be ad- join in com
mission of judged to forfeit a sum equivalent to the amount of the injury
same offence. done, in every such case no further sum shall be paid to the party aggrieved than such value or amount ; and the remaining sum or sums forfeited shall be applied in the same manner as any penalty imposed by a Justice of the Peace is hereinbefore directed to be applied.
XLIX. In every case of a summary conviction, under this If a person Act, where the sum which shall be forfeited for the amount of the summarily
28 Vic. c.31. injury done, or which shall be imposed as a penalty by the Justice,
shall not be paid either immediately after the conviction or within convicted shall such period as the Justice shall at the time of the conviction apnot pay, &c., point, the convicting Justice (unless where otherwise specially the Justice
directed), may commit the offender to any lawful prison within the may commit him.
Colony, there to be imprisoned only, or to be imprisoned and kept to hard labour, according to the discretion of the Justice, for any term not exceeding two months, where the amount of the sum forfeited or of the penalty imposed or of both (as the case may be), together with the costs, shall not exceed five pounds, and for any term not exceeding four months, where the amount with costs shall not exceed ten pounds, and for any term not exceeding six months in any other case; the commitment to be determinable in each of the cases aforesaid upon payment of the amount and
costs. The Justice L. Where any person shall be summarily convicted before a may discharge Justice of the Peace of any offence against this Act, and it shall the offender in be a first conviction, the Justice may, if he shall so think fit, discertain cases.
charge the offender from his conviction, upon his making such satisfaction to the party aggrieved for damages and costs, or either
of them, as shall be ascertained by the Justice. A summary LI. When any person, convicted of any offence punishable upon conviction
summary conviction by virtue of this Act, shall have paid the shall be a bar to any other
sum adjudged to be paid, together with costs, under such convicproceeding
tion, or shall have received a remission thereof from the Crown for the same
or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment awarded in the first instance, or shall have been so discharged from his conviction by any Justice as aforesaid, he shall be released from all further or other proceedings
for the same cause. Right of appeal LII. In all cases of summary conviction under this Act the to General
party or parties convicted shall have a right to appeal against Court in cases
such conviction to the General Court at Nassau, according to the of conviction before Justices provisions of any Act or Acts passed, or hereafter to be passed, of the Peace. for regulating appeals in cases of summary conviction. No certiorari,
LIII. No such conviction, or adjudication made on any appcal &c.
therefrom, shall be quashed for want of form, or to be removed by certiorari into any of Her 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. Convictions to LIV. Every Justice of the Peace, before whom any person be returned to shall be convicted of any offence against this Act, shall transmit the office of
the conviction to the office of the Prothonotary of the General the Clerk of the Crown. Court, there to be kept by the proper officer among the Records How far evi
of the Court; and upon any information against any person for dence in a subsequent offence, a copy of such conviction, certified by the future cases. proper officer of the Court, or proved to be a true copy, shall be
sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed
against, until the contrary be shown. Proceedings LV. All actions and prosecutions to be commenced against against persons any person for anything done in pursuance of this Act shall be acting under this Act, how
commenced within six months after the fact committed, and not
otherwise ; and notice in writing of such action, and of the cause 28 Vic. c.31. thereof, shall be given to the Defendant one month at least before the commencement of the action; and in any such action the to be comDefendant may plead the general issue, and give this Act and the menced. special matter in evidence, at any trial to be had thereupon ; and Notice of no plaintiff shall recover in any such action, if tender of sufficient action. amends shall have been made before such action brought, or if a General issue,
&c. sufficient sum of money shall have been paid into Court after such action brought by, or on behalf of the Defendant; and if a verdict shall pass for the Defendant, or the Plaintiff shall become nonsuit, or discontinue any such action, after issue joined, or if, upon demurrer or otherwise, judgment shall be given against the plaintiff
, the Defendant shall recover his full costs, as between attorney and
ent, and have the like remedy for the same, as any Defendant has by law in other cases ; and though a verdict shall be given for the Plaintiff in any such action, such Plaintiff shall not have costs against the Defendant unless the Judge, before whom the trial shall be, shall certify his approbation of the action.
LVI. (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.)
LVII. Every offence, hereby made punishable on summary con- Offences proviction, may be prosecuted in the manner directed by the Act of secuted under Assembly of the twelfth year of Her Majesty's reign, chapter 12 Vic. c. 10. ten ; and in every such case the party accused shall be allowed to make his full answer and defence, and to have all witnesses examined and cross-examined by Counsel or Attorney.
LVIII. The word “Cattle," as used in this Act, shall comprise The word horses, mares, colts, mules, asses, sheep, goats and swine, as well
“ Cattle” in as oxen, cows, calves, and other neat cattle.
terpreted. LIX. That this Act shall commence and take effect on the first Commenceday of December, 1865.
ment of Act.
28 Vic. c. 37. An Act to amend the Statute Law of the Ba
hama Islands relative to Larceny, and other Offences
connected therewith. (Assented to 3rd May, 1865.) I. In the interpretation of this Act: the term “document of Interpretation title to goods” shall include any Bill of Lading, Warehouse of terms. Keeper's certificate, warrant, or order for the delivery or transfer "Document
of title to of any goods or valuable thing, bought and sold note, or any
goods.” other document used in the ordinary course of business, as proof of the possession or control of goods, or authorizing or purporting to authorize any, either by indorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to: The term “docu- “ Document ment of title to lands” shall include any deed, map, paper, or of title to parchment, written or printed, or partly written and partly lands." printed, being or containing evidence of the title, or any part of the title, to any real estate, or to any interest in or out of any real estate : The term “trustee” shall mean a trustee on some « Trustee." express trust created by some deed, will or instrument in writing,