ORDINANCE No. 4 of 1865.
Offences against the Person,
58. Whenever upon the trial for any offence punishable under this Ordinance it may be necessary to prove carnal knowledge, it shall not be necessary to prove the actual emission of seed in order to constitute a carnal knowledge, but the carnal knowledge shall be deemed complete upon proof of penetration only.
Making Gunpowder to commit Offences, and searching for the same.
59. Whosoever shall knowingly have in his possession, or make or manufacture, any gunpowder, explosive substance, or any dangerous or noxious thing, or any machine, engine, instrument, or thing, with intent by means thereof to commit or for the purpose of enabling any other person to commit, any of the felonies in this Ordinance mentioned 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 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.
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Carnal knowledge defined.
Making or having gunpowder with intent to commit any felony against this Ordinance.
60. Upon reasonable cause assigned upon oath or declaration by Magistrate any person that any such gunpowder, or other explosive, dangerous, or noxious substance or thing, or any such machine, engine, instrument, or thing, is suspected to be made, kept, or carried for the purpose of being used in committing any of the felonies in this Ordinance mentioned, a Police Magistrate may issue a warrant under his hand and seal for searching, in the day-time, any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, waggon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned; and the same substances and things shall be brought before a Police Magistrate, and, upon due proof that the same has been made, kept, or carried for any of the purposes aforesaid, whether in the presence or absence of the owner of the same substances and things, a Police Magistrate may declare the same to be and the same shall be forfeited accordingly; and every Police Magistrate and person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, explosive, dangerous, or noxious substances, machines, engines, instruments, or things, found upon such search, which he shall have good cause to suspect to be intended to be used in committing any of the felonies in this Ordinance mentioned.