Larceny, &c. Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4. of 1863, Section XV. XCVI. Whenever Solitary Confinement may be awarded for Solitary Conany indictable Offence under this Ordinance, the Court may direct finement and the Offender to be kept in Solitary Confinement for any Portion Whipping. or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, 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 indictable Offence under this Ordinance, the Court may sentence the Offender to be once privately whipped, and the Number of Strokes, which shall in no Case exceed Forty, and the Instrument with which they shall be inflicted shall be specified by the Court in the Sentence. any XCVII. Whenever any Person shall be convicted of any Fine and Sureindictable Misdemeanor punishable under this Ordinance, the ties for keeping Court may, if it shall think fit, in addition to or in lieu of the Peace, in what Cases. of the Punishments by this Ordinance authorized, fine 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 case of any Felony punishable under this Ordinance 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 this Ordinance authorized: Provided that no Person shall be imprisoned under this Clause for not finding Sureties for any Period exceeding One Year. Warrant to be want of Form. quashed for XCVIII. No Summary Conviction under this Ordinance shall No Summary be quashed for Want of Form, or be removed by Certiorari; and Conviction or 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. XCIX. Every Offence under this Ordinance made punishable Procedure in on Summary Conviction by a Police Magistrate, shall be prosecuted, tried, and determined in the Manner directed by Ordinance mary ConvicNo. 10. of 1844; and every such Police Magistrate shall have, and is hereby invested with full Jurisdiction, Power, and Authority, to deal with, enquire of, try, determine, and punish, every Offence under this Ordinance made punishable on Summary Conviction by a Police Magistrate. Cases of Sum tion. C. Nothing in this Ordinance contained shall prejudice, abridge, Magistrates' diminish, or affect the Powers and Jurisdiction conferred upon Jurisdiction the Magistrates by Ordinance No. 1. of 1863, but all such Powers saved. and Jurisdiction shall remain as good, ample, and effectual to all Intents and Purposes as if this Ordinance had not been passed. CI. This Ordinance shall commence and take effect on the Commence Fourteenth Day of June, in the Year One Thousand Eight ment of OrdiHundred and Sixty-five. nance. Title. Preamble. Setting Fire to a Church or Chapel. Setting Fire to a Dwelling House any Person being therein. Setting Fire to a House, &c. Setting Fire to any Engine House, &c. Malicious Injuries to Property. No. 8. OF 1865. An Ordinance to consolidate and amend the Enactments in Injuries by Fire to Buildings and Goods therein. I. Whosoever shall unlawfully and maliciously set fire to any Church, Chapel, Meeting House, or other Place of Divine Worship, 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. II. Whosoever shall unlawfully and maliciously set fire to any Dwelling House, any Person being therein, 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. III. Whosoever shall unlawfully and maliciously set fire to any House, Stable, Coach-house, Outhouse, Warehouse, Godown, Office, Shop, Store, Mill, Store House, Granary, Hovel, Shed, or Fold, or to any Farm Building, or to any Building or Erection used in farming Land, or in carrying on any Trade or Manufacture or any Branch thereof, whether the same shall then be in the Possession of the Offender or in the Possession of any other Person, with Intent thereby to injure or defraud 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 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. IV. Whosoever shall unlawfully and maliciously set fire to any Engine House, Warehouse, or other Building belonging or appertaining to any Port, Dock, or Harbour, 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, if a Male under the Age of Sixteen Years, with or without Whipping. V. Whosoever Malicious Injuries to Property. V. Whosoever shall unlawfully and maliciously set fire to any Setting Fire to Building other than such as are in this Ordinance before men- any Public tioned, belonging to the Queen, or to the Colony, or devoted or Building. 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 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 Building other than such as are in this Ordinance before men- other Buildtioned, shall be guilty of Felony, and being convicted thereof ings. 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, if a Male under the Age of Sixteen Years, with or without Whipping. vii. 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 Building, the to the Offence would amount to Felony, shall be guilty of Felony, to which is setting Fire and being convicted thereof shall be liable, at the Discretion of Felony. 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. VIII. Whosoever shall unlawfully and maliciously by any overt Attempting to Act attempt to set fire to any Building, or any Matter or Thing set Fire to in the last preceding Section mentioned, under such Circum- Buildings. stances 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 : IX. Whosoever shall unlawfully and maliciously, by the Destroying, &c. Explosion of Gunpowder or other explosive Substance, destroy, a House with throw down, or damage the whole or any Part of any Dwelling Gunpowder, House, any Person being therein,-or of any Building whereby being therein. any Person the Life of any Person shall be endangered, 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 I i any Attempting to destroy Buildings with Gunpowder. Rioters demo lishing Church, Building, &c. Rioters injur ing Building, Machinery, &c. Malicious Injuries to Property. 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. X. Whosoever shall unlawfully and maliciously place or throw in, into, upon, under, against, or near any Building any Gunpowder or other explosive Substance, with Intent to destroy or damage any Building, or any Engine, Machinery, Working Tools, Fixtures, Goods, 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 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 Buildings by Rioters, &c. :— XI. 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, Coach-house, Outhouse, Warehouse, Godown, Office, Shop, Store, Mill, Store House, Granary, Hovel, Shed, or Fold, or any Building or Erection used in farming Land, 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 Colony, 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 the Business of 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 Hard Labour, and with or without Solitary Confinement. XII. 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, Coachhouse, Out-house, Warehouse, Godown, Office, Shop, Store, Mill, Store House, Granary, Hovel, Shed, Fold, Building, Erection or Machinery, as is 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 Malicious Injuries to Property. 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. Injuries to Buildings by Tenants :— Tenants of Houses, &c., maliciously in XIII. Whosoever, being possessed of any Dwelling House or other Building, or Part of any Dwelling House or other Building, held for any Term of Years or other less Term, or at Will, or held over after the Termination of any Tenancy, shall unlawfully juring them. 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, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Eighteen Months, with or without Hard Labour. XIV. Whosoever shall unlawfully and maliciously cut, break, Destroying or destroy, or damage with Intent to destroy or to render useless, Machinery, &c. any Machine or Engine, whether fixed or moveable, used or intended to be used in any Manufacture whatsoever, 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 Crops, Trees, and vegetable Productions :— XV. Whosoever shall unlawfully and maliciously set fire to any Field or Piece or Crop of Grass, Rice, Grain, or Pulse or of any cultivated vegetable Produce, whether standing or cut down, or to any Part of any Wood, Coppice, or Plantation of Trees or to any Heath, Gorse, Furze, or Fern, 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. XVI. Whosoever shall unlawfully and maliciously set fire to any Heap or Stack of Corn, Rice, Grain, Pulse, Tares, Hay, Straw, or of any cultivated vegetable Produce, or to any Heap or Stack of Coals, or Wood, or to any other Substance used for Fuel, 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, Ii2 with Setting Fire to Setting Fire to |