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No. 5. or the particular nature of the bank-note, shall not be proved; Ord. No. 13, and in cases of embezzlement, and obtaining money or bank1852. notes 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. Order for pro- XVIII. That it shall and may be lawful for the Judges or secution for Perjury.
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 prosecu
tion so directed as aforesaid. Mode of
XIX. That in every information for perjury, or for unlawfully, charging of wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly fence in information for
taking, making, signing, or subscribing any oath, affirmation, declaPerjury.
ration, 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.
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, Moderat 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 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 express " 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 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,
on informations. 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. N icht in
XXII. That no person prosecuted shall be entitled to traverse taverse or 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 acquittal.
fully convicted, or acquitted (as the case may be), of the said
convicted or acan
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
dangerous or offensive weapon 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, intent.
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
Y instrument, any grievous bodily harm, or unlawfully and maliciously harm on any 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 Cutting, &c. &c. Jury may find
• allege that the defendant did cut, stab, or wound any person, the as in cases of
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
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 con- unlawrullo tingent, 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
under 16 years,
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, pass Counter
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
ffenders and against the provisions of this Ordinance, or other indictable offence, Of
give them in and to convey him, or deliver him to some constable, or other &
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
m e the provisions of this Ordinance shall assault or offer any violence Punishment for assaulting per
* to any person by law authorized to apprehend or detain him, or to 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 term
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 mise
XXXVI. That whenever any person shall be convicted of any demeanours, how punished.
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. Construction
XXXVII. That so much of the nineteenth section of the Act of Bahama
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 Ordi
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 Ord. No. 6 of 1860.