action for damages remains. Animal may be detained 3. It shall be lawful for any constable to detain any animal in respect of which any charge is, or is to be, made under the first section of this Ordinance until such charge shall be disposed of, and to produce the same for the inspection of the District Commissioner, and upon the hearing of the charge the said Commissioner may order the person charged, if convicted thereon, to pay, in addition to any other penalty or imprisonment, the cost of pay costs of keeping and attending to the said animal during such detention, keep. and in default of payment thereof may order such person to be further imprisoned for a period not exceeding seven days. by constable, and person convicted ordered to Limitation of prosecution. Definition. Extent of Short title. 4. All offences against this Ordinance may and shall be prosecuted at any time within one month after the offence shall have been committed, and not afterwards. 5. For the purposes of this Ordinance the word "Animal" shall be taken to mean any Horse, Mare, Gelding, Bull, Ox, Cow, Heifer, Steer, Calf, Mule, Ass, Sheep, Lamb, Hog, Pig, Sow, Goat, Dog, Cat, or any other domestic animal whether of the kind or species enumerated in this section or of any other kind or species, and whether a quadruped or not, and any animal kept in confinement. 6. This Ordinance shall extend to the Colony and Protectorate. 7. This Ordinance may be cited as "The Cruelty to Animals Ordinance." CHAPTER XVIII. CRIMINAL CHARMS. (No. 13-1893.) 1. Any person who charms for (a) Shall make, sell, or expose or keep for sale or for hire, or Making, sellreward, or assist or take any part in making, selling, ing, &c. of exposing or keeping for sale or for hire, or reward, any criminal fetish or charm which is pretended or reputed to possess purposes. power to protect burglars, robbers, or thieves, or to aid or assist in any way in the perpetration of any burglary, housebreaking, robbery, or larceny, or in the perpetration of any crime whatsoever, or to prevent hinder or delay the detection of, or conviction for, any crime whatso ever: or (b) Shall be found having in his possession any such fetish or Possession of charm as aforesaid with intent to break and enter into charms with intent to comany dwelling house, shop, store or other building what- mit a felony. soever and to commit a felony therein: or (c) Shall be found by night having in his possession without Possession by lawful excuse (the proof of which excuse shall lie on such night of person) any such fetish or charm as aforesaid: charms with out lawful excuse. shall be guilty of a misdemeanour, and, upon being convicted Punishment. thereof, shall be liable at the discretion of the Court to imprisonment for a term not exceeding five 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. 2. This Ordinance may be cited for all purposes as "The Short title. Charms (Criminal) Ordinance." CHAPTER XIX. ORDEAL, WITCHCRAFT AND JUJU. Title and (P. No. 13-1903.) 1. This Ordinance may be cited as "The Ordeal, Witchcraft and application. Juju Ordinance," and applies to the Colony and Protectorate. Prohibition of Directing, &c., trial by prohibited ordeal. Penalty. Being present, &c., at trial by prohibited ordeal. Penalty. Making, &c., poison for trial by prohibited ordeal. Penalty. 2. Trial by the ordeal of sasswood, esere-bean, or other poison, boiling oil, fire, immersion in water or exposure to the attacks of crocodiles or other wild animals, or by any ordeal which is likely to result in the death of or bodily injury to any party to the proceeding shall be and is hereby prohibited. 3. (a) Any person who directs or controls or presides at any trial by ordeal which is prohibited by this Ordinance shall be liable on conviction to imprisonment for any term not exceeding ten years with or without hard labour, provided that where the trial which such person directs, controls or presides at results in the death of any party to the proceeding, such person shall be liable to be tried on information for murder and if convicted to suffer death. (b) Any person who is present at or takes any part in any trial by ordeal which is prohibited by this Ordinance shall be liable on conviction to a fine not exceeding 1007. or to imprisonment for any period not exceeding one year with or without hard labour; provided that no person shall be punished in respect of the same trial by ordeal under this and the last preceding sub-section. (c) Any person who makes, sells, or assists or takes part in making or selling, or has in his possession for sale or use any poison or thing which is intended to be used for the purposes of any trial by ordeal which is prohibited by this Ordinance shall be liable on conviction to a fine not exceeding 507. or to imprisonment for any term not exceeding six months with or without hard labour. witchcraft. 4. Any person who accuses or threatens to accuse any person Charging with being a witch or with practising witchcraft shall be liable on person with conviction to a fine not exceeding 507. or to imprisonment for any Penalty. term not exceeding six months with or without hard labour. 5. Any person who by his statements or actions represents Pretending himself to be a witch, or to have the power of witchcraft shall be witchcraft. liable on conviction to a fine not exceeding 501. or to imprisonment Penalty. for any term not exceeding six months with or without hard labour. Making, &c., or using juju for illegal purposes. 6. Any person who makes or sells or uses, or assists or takes part in making or selling or using, or has in his possession for sale or use, or represents himself to be in possession of any juju, drug or charm which is intended to be used, or reputed to possess the power to prevent or delay any person from doing an act which such person has a legal right to do or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reputed to possess the power of causing any natural phenomenon or any disease or epidemic, shall be liable on conviction to a fine not exceeding 507. or to imprisonment for any term not Penalty. exceeding six months with or without hard labour. (Amended.) 7. The Governor in Council may from time to time by Order, Power of prohibit the worship or invocation of any juju which may appear Governor to him to involve or to tend towards the commission of or breach of the peace. any crime to prohibit certain forms of juju worship, &c. 8. (a) Any person who directs or controls or presides at the Directing, worship or invocation of any juju which has been prohibited by any &c. prohibited Order made under this Ordinance shall be liable on conviction to a juju worship. fine not exceeding 1007. or to imprisonment not exceeding one year Penalty. with or without hard labour. (b) Any person who is present at or takes any part in the worship Being preor invocation of any juju which has been prohibited by any Order sent, &c., at made under this Ordinance shall be liable on conviction to a fine prohibited juju worship. not exceeding 507. or to imprisonment for any term not exceeding Penalty. six months with or without hard labour, provided that no person. shall be punished in respect of the same worship or invocation under this and the last preceding sub-section. 9. Any Chief who directly or indirectly permits, promotes, Chiefs perencourages or facilitates any trial by ordeal which is prohibited by mitting, &c., prohibited this Ordinance, or the worship or invocation of any juju which has trials by been prohibited by any Order made under this Ordinance, or who ordeal or proknowing of such trial, worship or invocation, or intended trial, hibited juju worship, &c. worship or invocation does not forthwith report the same to a Penalty. Power of destruction of Commissioner of the District in which such trial, worship or invocation has been or is intended to be held or made, shall be liable on conviction to a fine not exceeding 2007. or to imprisonment for any period not exceeding three years with or without hard labour. 10. Any house, grove or place in which it has been customary Court to order to hold any trial by ordeal which is prohibited by this Ordinance, houses, &c., or the worship or invocation of any juju which has been prohibited in which trials by any Order made under this Ordinance, may together with all by prohibited articles found therein be destroyed or erased upon the Order of hibited juju any Court by such persons as the Court may direct. ordeal, or pro worship, &c., are held. |