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RIES TO PROPERTY.
JUSTICES IN THE GENERAL COMMISSION OF THE
IN WHICH JUSTICES OF THE PEACE HAVE SUMMARY
No. 1. Act 40 G. 3,
that all and every the Acts and Statutes of the Parliament of
PIRACY. The following Acts of Parliament relating to this offence are in force here by the Bahama Act 40 Geo. 3, ch. 2 ; viz. : 27 Henry 8, ch. 4; 28 Henry 8, ch. 15; also 1 Vic, ch. 88, by 4 Vic, ch. 30.
See post, this Part, Class VII., No. 4.
INJURIES TO PROPERTY.
Act 4 W.4,
c. 6. I. and II. Repealed by 4 Victoria, ch. 29.
III. That every offence, which before the commencement of Petit Treason this Act would have amounted to petit treason, shall be deemed deemed only
murder. to be murder only, and no greater offence; and all persons guilty in respect thereof, whether as principals or as accessaries shall be dealt with, indicted, tried and punished as principals and accessaries in murder.
IV. That every person convicted of murder, or of being an ac- Punishment of cessary before the fact of murder, shall suffer death as a felon, convicted murwithout benefit of clergy; and every accessary after the fact to
accessaries murder, shall be liable, at the discretion of the Court, to be im- thereto. prisoned, with or without hard labour in the common gaol or house of correction, for any term not exceeding four years.
V. That every person convicted of manslaughter, shall be liable Manslaughter at the discretion of the Court, to be imprisoned with or without punished by hard labour, in the common gaol or house of correction, for any fine or impri
sonment, term not exceeding four years, or to pay such fine as the Court 5 shall award, but to no other manner of punishment whatsoever.
VI. That no punishment or forfeiture shall be incurred by any Accidental person who shall kill another by misfortune, or in his own defence, homicide not or in any other manner without felony.
punishable. VII. Repealed by 4 Vic. ch. 29.
VIII. That if any woman shall be delivered of a child, and Women secretly shall by secret burying or otherwise disposing of the dead body of burying or disthe said child, endeavour to conceal the birth thereof, every such posing of the
dead body of a offender shall be guilty of a misdemeanour, and being convicted child, how thereof, shall be liable to be imprisoned with or without hard punished. labour, in the common gaol or house of correction for any term not exceeding two years; and it shall not be necessary to prove whether the child died before, at, or after its birth: Provided always, that if any woman tried for the murder of her child shall be acquitted thereof, it shall be lawful for the jury by whose verdict she shall be acquitted, to find, in case it shall so appear in evidence. that she was delivered of a child, and that she did by secret burying or otherwise disposing of the dead body of such child, endeavour to conceal the birth thereof, and thereupon the Court may pass such sentence as if she had been convicted upon an indictment for the concealment of the birth.
IX. That if any person being married in these islands or else- Punishment of where, shall marry any other person during the life of the former Bigamy. husband or wife, 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, in the common gaol or house of correction, for any term not exceeding two years: Provided always, that Proviso. nothing herein contained shall extend to any person marrying a
No. 1. second time, whose husband or wife shall have been continually Act 4 W 4, absent from such person for the space of seven years then last c. 6. past, and shall not have been known by such person to be living
within that time, or shall extend to any person who at the time of such second marriage, shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent
X. And whereas, it is expedient that a summary power of for Common punishing persons for common assaults and batteries, should be Assaults and
provided under the limitations hereinafter mentioned; Be it, &c., Batteries.
that where any person shall unlawfully assault or beat any other person, it shall be lawful for two Justices of the Peace upon complaint of the party aggrieved, to hear and determine such offence, and the offender upon conviction thereof before them, shall forfeit and pay such fine as shall appear to them to be meet, not exceeding, together with costs (if ordered) the sum of five pounds, * which fine shall be paid to the Receiver General and Treasurer, in aid of the expenses of this Government, and if such fine as shall be
awarded by the said Justices, together with the costs, (if ordered) Justices may shall not be paid either immediately after the conviction or within commit per such period as the said Justices shall at the time of the conviction sons for non
appoint, it shall be lawful for them to commit the offender to the payment of fines and costs.
common gnol, workhouse, or house of correction, there to be imprisoned, for any term not exceeding two calendar months, unless such fine and costs be sooner paid ; but if the Justices upon the hearing of any such case of assault and battery, shall deem the offence not to be proved, or shall find the assault or battery to have been justified, or so trifling as not to merit any punishment, and shall accordingly dismiss the complaint, they shall forthwith make out a certificate under their hands, stating the fact of such dismissal, and shall deliver such certificate to the party against whom the complaint was preferred.
XI. That if any person against whom any such complaint shall have been preferred for any common assault or battery, shall have obtained such certificate as aforesaid, or having been convicted shall have paid the whole amount adjudged to be paid under such conviction, or shall have suffered the imprisonment awarded for non-payment thereof, in every such case he shall be released from all further or other proceedings, civil or criminal for the same
cause. Assault and XII. That in case the Justices shall find the assault or battery Battery, when complained of, to have been accompanied by any attempt to commit
felony, or shall be of opinion that the same is, from any circumby any attempt to commit Fe
stance, a fit subject for a prosecution by indictment, they shall lony, how dealt abstain from any adjudication thereupon, and shall deal with the with.
caso in all respects in the same manner as they would have done Proviso. before the passing of this Act: Provided also, That nothing herein
contained shall authorize any Justices of the Peace to hear and determine any case of assault or battery in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein, or accruing therefrom, or as to any insol
* All sums by this Act are stated at the old rate of Bahama currency.-See Note, ante, p. 41.
vency or any execution under the process of any Court of Jus- No. 1.
Act 4 W. 4, XIII. That every accessary, before the fact, to any felony c. 6. punishable under this Act, for whom no punishment has been hereinbefore provided, shall be liable, at the discretion of the
before the fact Court, to be imprisoned, with or without hard labour, in the to any Felony, common gaol or house of correction, for any term not exceeding how dealt with. three years; and every accessary after the fact to any felony punish- Accessaries able under this Act (except murder), shall be liable to be im- after the fact prisoned, with or without hard labour, in the common gaol or house to any Felony, of correction for any term not exceeding two years; and every
how dealt with, person who shall counsel, aid, or abet the commission of any misdemeanour punishable under this Act, shall be liable to be proceeded against and punished as a principal offender.
XIV. And for the more effectual prosecution of offences punish- Prosecution of able upon summary conviction, by virtue of this Act; Be it, &c., offences That where any person shall be charged, on the oath of a credible punishable upon
summa witness, before any Justice of the Peace, with any such offence, the Justice may sunmon the person charged to appear before any two Justices of the Peace, at a time and place to be named in such summons, and if he shall not appear accordingly, then (upon proof of the due service of the summons upon such person, by delivering the same to him) the Justices may either proceed to hear and determine the case, ex parte, or may issue their warrant for apprehending such person and bringing him before them; or the Justice before whom the charge shall be made, may (if he shall so think fit) issue such warrant, in the first instance, without any previous summons.
XV. That the prosecution, for every offence punishable on sum- Within what mary conviction by virtue of this Act, shall be commenced within time summary three calendar months after the commission of the offence, and not
shall be comotherwise.
menced. XVI. That no such conviction shall be quashed for want of No conviction form, or be removed by certiorari, or otherwise, into any of His shall be quashed Majesty's Superior Courts of Record, and no warrant of commit- for war ment shall be held void, by reason of any defect therein, provided to it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.
XVII. That nothing in this Act contained shall affect or alter High Treason any Act, so far as it relates to the crime of high treason, or to any not branch of the public revenue.
XVIII. That from and after the passing of this Act, every per- Punishment of son convicted of the abominable crime of buggery, committed either Biggery. with mankind, or with any animal, shall suffer death as a felon without benefit of clergy.*
XIX. That from and after the passing of this Act, every person Punishment of convicted of the crime of rape, shall suffer death as a felon, without Rape. benefit of clergy.t
XX. That from and after the passing of this Act, if any person Punishment shall unlawfully and carnally know and abuse any girl under the for the carnal.
abuse of a girl age of ten years, every such offender shall be guilty of felony, and under ten
* The penalty of death for this offence is abolished by 11 Vic. c. 11, post, No. 7, years. of this class.
+ The penalty of death for these offences is abolished by 6 Vic, c. 5, post, No. 5, of this class.
being convicted thereof, shall suffer death as a felon, without benefit Act 4 W. 4, of clergy; and if any person shall unlawfully and carnally know c. 6. and abuse any girl being above the age of ten years, and under the
age of twelve years, every such offender shall be guilty of a misAbove the age of ten, and un
mis demeanour, and being convicted thereof, shall be liable to be der the age of punished by fine or imprisonment, or both, at the discretion of the twelve years. Court, and by being publicly or privately whipped, once or oftener,
but not more than twice, if the Court shall also so think fit to
adjudge. Proof required XXI. And whereas, upon the trials for the crimes of buggery to convict of
and of rape, and of carnally abusing girls under the respective ages, Buggery, Rape, &c.
herein before mentioned, offenders frequently escape by reason of the difficulty of the proof which has been required of the completion of those several crimes, for remedy thereof; Be it, &c., That it shall not be necessary, in any of those cases, to prove the actual emission of seed, in order to constitute a carnal knowledge, but that the carnal knowledge shall be deemed complete upon proof
of penetration only. As to offences XXII. That all offences mentioned in this Act, which shall be committed committed within the jurisdiction of the Admiralty of England, within th
shall be deemed to be offences of the same nature and liable to the risdiction of the Idiniralty
same punishments, as if they had been committed upon the land, of England. in the said islands, and may be dealt with, inquired of, tried, and
determined in the same manner as other offences committed within the jurisdiction of the Admiralty of England, may be inquired of, heard, tried, determined and judged within these islands.
XXIII. Suspends 5 George 4, ch. 2.
XXIV. Suspends so much of 40 Geo. 3, ch. 2, as declares the following Acts of Parliament to be in force in the Colony, riz. : 25 Henry 8, ch. 16; 4 & 5 Philip and Mary, ch. 4; 18 Elizabeth, ch. 7 (in part); and 22 & 23 Charles 2, ch. 1.
XXV. Suspends 48 Geo. 3, ch. 10 (in part).
No. 2.-5 Wm. 4, ch. 10. An Act for the more effectual Punishment
of Persons committing Malicious Injuries to Property.
(October 6th, 1834.)"
III. That if any person shall unlawfully and maliciously set fire to any standing woods on these islands, or to any plantation of trees, or to any stacks of wood, timber, or lumber, or to any crops on plantations, whether standing or cut down, every such offender shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment.
IV. That if any persons riotously and tumultuously assembled together, to the disturbance of the public peace, shall unlawfully and with force, demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any church or chapel, or any chapel for the religious worship of persons dissenting from the United Church of England and Ireland, or any dwelling-house, warehouse,
Felony to des