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Ord. No. 13, 1852.
Order for prosecution for
charging offence in in
formation for Perjury.
or the particular nature of the bank-note, shall not be proved; and in cases of embezzlement, and obtaining money or banknotes by false pretences, by proof that the offender embezzled or obtained any piece of coin or any bank-note, or any portion of the value thereof, although such piece of coin or bank-note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, or to any other person, and such part shall have been returned accordingly.
XVIII. That it shall and may be lawful for the Judges or Judge of any of the superior Courts of Common Law or Equity, or for any of her Majesty's Justices or Commissioners of Oyer and Terminer, or gaol delivery, or for any Commissioner of Bankruptcy, or Insolvency, or for the Judge or Acting Judge of the Police Court of Grand Turk, or for any Justice or Justices of the Peace sitting for the hearing, trial, and determination of offences, punishable on summary conviction, or for the hearing, trial, and determination of any case or cases of debt, trespass, or other case, on which Justices of the Peace have the power to adjudicate under the authority of any Act of Parliament, or of the General Assembly of the Bahama Islands in force within these islands, or of any Ordinance made and passed by the President and Council of these islands, in case it shall appear to him or them that any person has been guilty of wilful and corrupt perjury in any evidence given, or in any affidavit, deposition, examination, answer, or other proceeding made or taken before him or them, to direct such person to be prosecuted for such perjury, in case there shall appear to him or them a reasonable cause for such prosecution; and to commit such person so directed to be prosecuted until the next meeting of the Supreme Court of these islands, or until the next session of Oyer and Terminer, or gaol delivery, unless he shall enter into recognizance, with good and sufficient security, that he will then and there surrender himself and take his trial, and not depart the Court without leave; and to require any person, he or they may think fit to enter into a recognizance conditioned to prosecute, or give evidence against such person so directed to be prosecuted as aforesaid; and to give to the party so bound to prosecute a certificate of the same being directed, which certificate shall be given without any fee or charge, and shall be deemed sufficient proof of such prosecution having been directed as aforesaid: Provided always that no such direction or certificate shall be given in evidence upon any trial to be had against any person upon a prosecution so directed as aforesaid.
XIX. That in every information for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what Court, and before whom the oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing was taken, made, signed, or subscribed, without setting forth the bill, answer, information, declaration, or any part of any proceeding, either in law or equity, and without setting forth the commission or authority of the Court or person before whom such offence was committed.
Ord. No. 13,
XX. That in every information for subornation of perjury, or for corrupt bargaining, or contracting with any person to commit wilful and corrupt perjury, or for inciting, causing, or procuring any person unlawfully, wilfully, falsely, fraudulently, deceitfully, Mode of maliciously, or corruptly to take, make, sign, or subscribe any charging peroath, affirmation, declaration, affidavit, deposition, bill, answer, sons accused notice, certificate, or other writing, it shall be sufficient, wherever of subornation of Perjury. such perjury or other offence aforesaid shall have been actually committed, to allege the offence of the person who actually committed such perjury or other offence, in the manner herein before mentioned, and then to allege that the defendant, unlawfully, wilfully, and corruptly did cause and procure the said person, the said offence, in manner and form aforesaid, to do and commit; and whenever such perjury or other offence aforesaid shall not have been actually committed, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth or averring any of the matters or things herein before rendered necessary to be set forth or averred in the case of wilful and corrupt perjury.
not to be held
insufficient for want of tech
XXI. That no information for any offence shall be held insuf- Information ficient for want of the averment of any matter unnecessary to be proved, nor for the omission of the words "as appears by the record," or of the words, "with force and arms," or of the words, "against the peace," nor for the insertion of the words, "against the form of the statute," instead of "against the form of the statutes," or vice versá; nor for that any person mentioned in the information is designated by a name of office or other descriptive appellation instead of his proper name; nor for omitting to state the time at which the offence was committed, in any case where time is not the essence of the offence; nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the filing of the information, or on an impossible day, or on a day that never happened; nor for want of a proper or perfect venue; nor for want of a proper or formal conclusion; nor for want of or imperfection in the addition of any defendant; nor for want of the statement of the value or price of any matter or thing; or the amount of damage, injury, or spoil in any case where the value or price or the amount of damage, injury, or spoil is not the essence of the offence; nor for any variance between the offence charged in such information and the offence for which the accused was committed or held to bail; nor for any variance from the form prescribed by the Act of the General Assembly of the Bahama Islands, passed in the eleventh year of Her present Majesty's reign, chapter twenty-one," for the better regulation of trial by jury.
XXII. That every objection to any information for any formal Mode of taking defect, apparent upon the face thereof, shall be taken by demurrer objections to or motion to quash such information before the jury shall be sworn, and not afterwards; and every Court before which any such objection shall be taken for any formal defect may, if it be thought necessary, cause the information to be forthwith amended in such particular, by some officer of the Court or other person; and thereupon the trial shall proceed as if no such defect had appeared. XXIII. That no person prosecuted shall be entitled to traverse or postpone the trial of any information exhibited against him at
No right to
Ord. No. 13, 1852.
without the sanction of the Court,
Mode of pleading previous conviction or acquittal.
Certain offences declared to be misdemeanour.
any meeting of the Supreme Court, or Session of Oyer and Terminer, or Gaol delivery: Provided always that if the Court, upon the application of the person so prosecuted, shall be of opinion that he ought to be allowed a further time either to prepare for his defence or otherwise, such Court may adjourn the trial of such person to the next subsequent session, upon such terms, as to bail or otherwise, as to such Court shall seem meet; and may respite the recognizances of the prosecutor and witness accordingly; in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence at such subsequent session, without entering into any fresh recognizances for that purpose.
XXIV. In any plea of anterfoits convict, or anterfoits acquit, it shall be sufficient for any defendant to state that he has been lawfully convicted, or acquitted (as the case may be), of the said offence charged in the information.
XXV. If any person shall be found by night armed with any dangerous or offensive weapon, or instrument whatsoever, with intent to break or enter any dwelling-house or other building whatever, and to commit any felony therein; or if any person shall be found by night having in his possession, without lawful excuse (the proof of which excuse shall lie upon such person), any picklock, crow, jack, bit, or other implement of house-breaking; or if any person shall be found by night disguised with intent to commit any felony; or if any person shall be found by night in any dwelling-house, or other building whatsoever, with intent to commit any felony therein, every such offender shall be guilty of a How punished. misdemeanour; and, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, for any term not exceeding three years.
Penalty for administering certain drugs
XXVI. That if any person shall unlawfully apply or administer, or attempt to apply or administer, to any other person any chlorowith unlawful form, laudanum, or other stupefying or overpowering drug, matter, or thing, with intent thereby to enable such offender or any other person to commit, or with intent to assist such offender or other person in committing any felony, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, for any term not exceeding three years.
Penalty for inflicting any
harm on any
XXVII. That, if any person shall unlawfully and maliciously inflict upon any other person, either with or without any weapon or grievous bodily instrument, any grievous bodily harm, or unlawfully and maliciously cut, stab, or wound any other person, every such offender shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to be imprisoned, with or without hard labour, for any term not exceeding three years.
for feloniously Cutting, &c. &c. Jury may find as in cases of
misdemeanour for Cutting, &c.
XXVIII. That, if upon the trial of any information for any felony, except murder or manslaughter, where the information shall allege that the defendant did cut, stab, or wound any person, the jury shall be satisfied that the defendant is guilty of the cutting, stabbing, or wounding, charged in such information, but are not satisfied that the defendant is guilty of the felony charged in such information, then, in every such case, the jury may acquit the defendant of such felony, and find him guilty of unlawfully cutting, stabbing, or wounding; and thereupon such defendant shall be
liable to be punished in the same manner as if he had been convicted upon an information for the misdemeanour of cutting, stabbing, or wounding.
No. 5. Ord. No. 13, 1852.
Penalty for unlawfully taking away
XXIX. That where any woman shall have any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or shall be an heiress presumptive, or next of kin to any one having such interest, if any any woman person shall, from motives of lucre, take away or detain such for motives of woman against her will, with intent to marry or defile her, or to cause her to be married or defiled by any other person, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, for any term not exceeding four years.
XXX. That if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful charge or care of her, every such offender shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to suffer such punishment, by fine or imprisonment, or by both, as the Court shall award.
A person taking away any girl under 16 years, how dealt with.
Penalty for attempting to pass Counter
XXXI. That if any person shall tender, utter, or put off, any false or counterfeit coin, or piece of metal, resembling or apparently intending to resemble or pass for any of the Queen's current gold, silver, or copper coin, or for any gold, silver, or copper coin of any foreign Prince, State, or Country, knowing the same to be false or counterfeit, every such offender shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to be imprisoned, with or without hard labour, for any term not exceeding one year. XXXII. And whereas, provision is made by law in certain cases Time for infor the more exemplary punishment of persons who shall commit quiry relative certain offences after one or more previous conviction or convic- to previous tions, for the like or other offences; and it is expedient to define the time of charging the jury to inquire as to such previous conviction or convictions; Be it ordained, that it shall not be lawful on the trial of any person for any subsequent offence, where a plea of "not guilty" shall have been entered on his behalf, to charge the jury to inquire concerning any previous conviction, until they shall have inquired concerning such subsequent offence, and shall have found such person guilty of the same; and wherever in any information, any previous conviction shall be stated, the reading of such statement shall be deferred until after such finding as aforesaid: Provided that, if upon the trial of any person for any subsequent offence as aforesaid, such person shall give evidence of his good character, it shall be lawful for the prosecutor in answer thereto to give evidence of the conviction of such person for the previous offence or offences, before such verdict of "guilty" shall have been returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
XXXIII. That it shall be lawful for any person whatsoever to apprehend any person who shall be found committing any offence Offenders and against the provisions of this Ordinance, or other indictable offence, give them in and to convey him, or deliver him to some constable, or other charge to a peace-officer, in order to his being conveyed, as soon as conveniently constable.
No. 5. Ord. No. 13, 1852.
Punishment for assaulting persons authorized to apprehend Offenders.
Term of night defined.
Certain misdemeanours, how punished.
Construction of Bahama
Act, 2 V. ch. 5.
Fines and penalties under £10, how recovered.
Construction of certain Terms.
may be, before a Justice of the Peace, to be dealt with according to law.
XXXIV. That, if any person liable to be apprehended under the provisions of this Ordinance shall assault or offer any violence to any person by law authorized to apprehend or detain him, or to any person acting in his aid and assistance, every such offender shall be guilty of a misdemeanour, and being convicted thereof, shall be liable to be imprisoned, with or without hard labour, for any term not exceeding three years.
XXXV. That the time at which the night shall commence and conclude, in any offence against the provisions of this Ordinance, shall be the same as in cases of burglary.
XXXVI. That whenever any person shall be convicted of any one of the offences following, as a misdemeanour,-—that is to say, any cheat or fraud punishable at Common Law ;-any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert, or defeat the course of public justice;-any escape or rescue from lawful custody on a criminal charge ;-any public and indecent exposure of the person; -any indecent assault, or assault occasioning actual bodily harm; -any attempt to have carnal knowledge of a girl under twelve years of age; any public selling, or exposing for public sale, or to public view, of any obscene book, print, picture, or other indecent exhibition;-it shall be lawful for the Court to sentence the offender to be imprisoned for any term now warranted by law, and also to be kept to hard labour during the whole or part of such term of imprisonment.
XXXVII. That so much of the nineteenth section of the Act of the General Assembly of the Bahama Islands, passed in the second year of Her present Majesty's reign, chapter five, for consolidating and amending the laws relating to Larceny, as refers to a searchwarrant, shall be, and the same is hereby repealed; and the said section shall hereafter be construed as if the words "by virtue of a search-warrant granted by any magistrate" had never formed a portion of the said section, and the word "premises," as used in the said section, shall comprise and be construed to mean vessels and boats, as well as lands and houses.*
XXXVIII. That all pecuniary fines and penalties, imposed by Act of the General Assembly of the Bahama Islands, in force any within this colony, or Ordinance of these islands, heretofore passed, and which are limited in amount to any sum not exceeding ten pounds, shall, after the passing of this Ordinance, be recoverable under the provisions of the several Acts of the General Assembly of the Bahama Islands, which now are, and of the several Ordinances of these islands, now or hereafter to be in force for the recovery of small debts and damages, anything in any Act of the said General Assembly or Ordinance as aforesaid to the contrary notwithstanding.
XXXIX. That in the construction of this, or any other Ordinance or Law in force in this colony, relative to criminal proceedings, the word "information" shall be understood to include "inquisition," and also any "plea," "replication," or other pleading, unless the contrary shall appear to have been intended;-and
* The 19 section of 2 Vic., c. 5, is repealed by Or, No. 6 of 1860.