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XX. That in every information for subornation of perjury, or No. 5. for corrupt bargaining, or contracting with any person to commit Ord. No. 13, wilful and corrupt perjury, or for inciting, causing, or procuring 1852. any person unlawfully, wilfully, falsely, fraudulently, deceitfully, M

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 subor nation such perjury or other offence aforesaid shall have been actually of Perjury. committed, to allege the offence of the person who actually committed such perjury or other offence, in the manner hereinbefore 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 hereinbefore rendered necessary to be set forth or averred in the case of wilful and corrupt perjury.

XXI. That no information for any offence shall be held insuf- Information ficient for want of the averment of any matter unnecessary to be not to be held proved, nor for the omission of the words “as appears by the

the insufficient for

want of techrecord,” or of the words, “ with force and arms,” or of the words, nical expresa against the peace," nor for the insertion of the words, “against sions. the form of the statute," instead of "against the form of the statutes,” or vice versâ ; 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 & 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 varianco 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

intormations. 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 forth with 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 traverse o or postpone the trial of any information exhibited against him at postpone trials No. 5. any meeting of the Supreme Court, or Session of Oyer and Ord. No. 13, Terminer, or Gaol delivery: Provided always that if the Court, 1852.

upon the application of the person so prosecuted, shall be of

opinion that he ought to be allowed a further time either to without the sanction of

prepare for his defence or otherwise, such Court may adjourn the the Court.

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. Mode of plead- XXIV. In any plea of anterfoits convict, or anterfoits acquit, it ing previous shall be sufficient for any defendant to state that he has been lawconviction or

fully convicted, or acquitted (as the case may be), of the said acquittal,

offence charged in the information. Certain offences XXV. If any person shall be found by night armed with any declared to be dangerous or offensive weapon, or instrument whatsoever, with misdemeanour.

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 XXVI. That if any person shall unlawfully apply or administer, administering or attempt to apply or administer, to any other person any chlorocertain drugs with 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 XXVII. That, if any person shall unlawfully and maliciously inflicting any inflict upon any other person, either with or without any weapon or grievous bodily harm on any

any instrument, any grievous bodily harm, or unlawfully and maliciously person,

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. On information XXVIII. That, if upon the trial of any information for any for feloniously felony, except murder or manslaughter, where the information shall Jury may find

C. allege that the defendant did cut, stab, or wound any person, the

jury shall be satisfied that the defendant is guilty of the cutting, misdemeanour stabbing, or wounding, charged in such information, but are not for Cutting, &c. 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

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liable to be punished in the same manner as if he had been con- No. 5. victed upon an information for the misdemeanour of cutting, stab- Ord. No. 13, bing, or wounding.

1852. XXIX. That where any woman shall have any interest, whether

Penalty for legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or shall be an heiress pre- taking away sumptive, 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

lucre. 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 A person taking taken, any unmarried girl, being under the age of sixteen years, out away any girl of the possession and against the will of her father or mother, or un

to or under 16 years,

hel, us how dealt with. 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.

XXXI. That if any person shall tender, utter, or put off, any Penalty for false or counterfeit coin, or piece of metal, resembling or apparently attempting to intending to resemble or pass for any of the Queen's current gold,

de feit Coin. 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

Convictions. 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 Any person apprehend any person who shall be found committing any offence may apprehend against the provisions of this Ordinance, or other indictable offence. Offenders and

give them in and to convey him, or deliver him to some constable, or other &

re to a peace-officer, in order to his being conveyed, as soon as conveniently constable.

No. 5. may be, before a Justice of the Peace, to be dealt with according Ord. No. 13, to law.

1852. XXXIV. That, if any person liable to be apprehended under Punishment for

er the provisions of this Ordinance shall assault or offer any violence assaulting per

to any person by law authorized to apprehend or detain him, or to

any person sons authorized any person acting in his aid and assistance, every such offender to apprehend shall be guilty of a misdemeanour, and being convicted thereof, shall Offenders. be liable to be imprisoned, with or without hard labour, for any termi

not exceeding three years. Term of night XXXV. That the time at which the night shall commence and defined. conclude, in any offence against the provisions of this Ordinance,

shall be the same as in cases of burglary. Certain mis XXXVI. That whenever any person shall be convicted of any demeanours,

one of the offences following, as a misdemeanour,--that is to say, how punished.

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. Construction XXXVII. That so much of the nineteenth section of the Act of Bahama Act, 2 V. ch. 5.

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.* Fines and

XXXVIII. That all pecuniary fines and penalties, imposed by penalties under

any Act of the General Assembly of the Bahama Islands, in force £10, how recovered.

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. Con truction of XXXIX. That in the construction of this, or any other Ordicertain Terms.

nance 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 Om No. 6 of 1860.

the words “indictable offence" shall be understood to mean any No. 5. offence which can be tried in a superior court of criminal jurisdic- Ord. No. 13, tion; and, wherever in this or any other Ordinance or Act as 1852. aforesaid in describing, or referring to any person, or party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and shall be applied to several persons and parties, as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing; and the word "property” shall be understood to include goods, chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed.

XL. That the ninth section of the Act of the General Assembly Ninth sect. of of the Bahama Islands, passed in the fourth year of Her present Bahama Act, 4 Majesty's reign, chapter twenty-nine, shall be, and the same is pealed. ** hereby repealed.

XLI. That nothing in this Ordinance contained shall be deemed None of the to repeal, wholly or in part, any Act of the General Assembly of provisions of the Bahama Islands, now in force in this colony, for the punish- the

the Act of the

Bahamas for ment of idle and disorderly persons, and rogues and vagabonds;

punishing idle but no person shall be punished for the same offence both under and disorderly the said Acts, or either of them, and under this Ordinance.

persons, repealed by this Ordinance.

No. 6.-ORDINANCE No. 3 of 1853.
For the regulation of Juries within the Turks and Caicos Islands.

See the Ordinance in extenso, ante, Part III., Class IV., No. 1,
Sections 26, &c.

· No. 6. Ord. No. 3,

1853.

No. 7.- ORDINANCE No. 2 of 1854.

To amend Ordinance No. 3 of 1853.
See the Ordinance in extenso, ante, Part III., Class IV., No. 2.

No. 7. Ord. No. 2,

1854.

No. 8.-ORDINANCE No. 2 of 1860.

No. 8.

Ord. No. 2, An Ordinance for the removal of defects in the Administration of

1860. Criminal Justice. (Passed 9th April, 1860. Confirmed 5th

September, 1860.) THEREAS the technical strictness of criminal proceedings PREAMBLE.

might in some instances be further relaxed, so as to insure the punishment of the guilty, without depriving the accused of any just means of defence: And whereas it is expedient to make Accessaries further provision for the more effectual prosecution of accessaries before the fact before and after the fact to felony: And whereas it is also expe- to any Felony

may be pudient that any accessary before the fact to felony should be liable

abid nished in the to be proceeded against, tried, convicted, and punished in all same degree as respects like the principal, as is now the case in treason, and in all the principal.

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