Excusable Homicide.
Petit Treason,
of Murder or Man-
Cause of Death only
ORDINANCE No. 4 of 1865.
Offences against the Person.
6. No Punishment or Forfeiture shall be incurred by any P'erson who shall kill another by Misfortune or in his own Defence, or in any other Manner without Felony.
7. Every Offence which, before the Commencement of the Act of the Imperial Parliament of the Ninth Year of King George the Fourth, Chapter Thirty-one, would have amounted according to the Law of England to Petit Treason, shall be deemed to be Murder only, and no greater Offence; and all Persons guilty in respect thereof, whether as Principals or Accessories, shall be dealt with, indicted, tried, and punished as Principals and Accessories in Murder.
or otherwise hurt at
Provision for Trial 8. Where any Person being feloniously stricken, poisoned, slaughter where the any Place in this Colony, shall die of such Stroke, Poisoning, or Hurt upon the Sea, or at happens in this Colony, any Place out of this Colony, every Offence committed in respect of any such Case, whether the same shall amount to the Offence of Murder or of Manslaughter, or of being accessory to Murder or Manslaughter, may be dealt with, inquired of, tried, determined, and punished in this Colony in which such Stroke, Poisoning, or Hurt shall happen, in the same manner in all respects as if such Offence had been wholly committed in this Colony.
Administering Poi-
son or wounding with Intent to murder.
Destroying or da
with
Attempts to Murder.
9. Whosoever shall administer to cause or to be administered to or to be taken by any Person any Poison or other destructive Thing or shall by any Means whatsoever wound, or cause any grievous bodily Harm to any Person, with Intent in any of the Cases aforesaid to commit Murder, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
10. Whosoever, by the Explosion of Gunpowder or other explosive Substance, tent to murder, shall destroy or damage any Building with Intent to commit Murder, shall be guilty of Felouy, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
Setting fire to or casting away a Ship
11. Whosoever shall set fire to any Ship or Vessel or any Part thereof, or any with Intent to murder. Part of the Tackle, Apparel, or Furniture thereof, or any Goods or Chattels being therein, or shall cast away or destroy any Ship or Vessel with Intent in any of such Cases to commit Murder, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two- Years, with or without Hard Labour and with or without Solitary Confinement.
Attempting to ad- minister Poison, or
&e, with Intent to murder.
12. Whosoever shall attempt to administer to or shall attempt to cause to be shooting, or attempt- administered to or to be taken by any Person any Poison or other destructive Thing, or ing to shoot or drown, shall shoot at any Person, or shall, by drawing a Trigger or in any other Manner, at- tempt to discharge any kind of loaded Arms at any Person, or shall attempt to drown, suffocate, or strangle any Person, with Intent, in any of the Cases aforesaid, to commit Murder, shall, whether any bodily Injury be effected or not, be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,--or to be impri- soned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
By any other Means attempting to commit Murder.
Sending Letters threatening to mur-
der.
13. Whosover shall, by any Means other than those specified in any of the pre- ceding Sections of this Ordinance, attempt to commit Murder, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years, or to be impri- soned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
Letters threatening to Murder.
14. Whosoever shall maliciously send, deliver, or utter, or directly or indirectly cause to be received, knowing the Contents thereof, any Letter or Writing threatening to kill or murder any Person, shall be guilty of Felony, and being convicted thereof, shall
ORDINANCE No. 4 or 1865.
Offences against the Person.
be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term no exceeding Ten Years and not less than Three Years,or 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.
Acts causing or tending to cause Danger to Life or bodily Harm.
18
endeavouring to save
15. Whosoever shall unlawfully and maliciously prevent or impede any Person, Impeding a Person being on board of or having quitted any Ship or Vessel, which shall be in Distress, or if from Ship- wrecked, stranded, or cast on shore, in his Endeavour to save his Life, or shall unlaw- wreck. fully and maliciously prevent or impede any Person in his Endeavour to save the Life of any such Person as in this Section first aforesaid, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,or to be impri- soned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
lug to slot, or wound-
16. Whosoever shall unlawfully and maliciously by any means whatsoever wound Shooting or attempt- or cause any grievous bodily Harm to any Person, or shoot at any Person, or, by ing or striking with drawing a Trigger or in any other Mauner, attempt to discharge any kind of loaded Intent to do grievous Arms at any Person, with Intent, in any of the Cases aforesaid, to main, disfigure, or bodily Harm. disable any Person, or to do some other grievous bodily Harm to any Person, or with Intent to resist or prevent the lawful Apprehension or Detainer of any Person, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
17. Any Gun, Pistol, or other Arins which shall be loaded in the Barrel with what shall constitute Gunpowder or any other explosive Substance, and, Ball, Shot, Slug, or other destruc-loaded Arinë. tive Material, shall be deemed to be loaded Arms within the Meaning of this Ordinance, although the Attempt to discharge the same may fail from Want of proper Priming or from any other Cause.
out Weapon.
18. Whosoever shall unlawfully and maliciously wound or inflict any grievous Inflicting bodily bodily Harm upon any other Person, either with or without any Weapon or Instrument, Inary with or with- shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Dis- cretion of the Court, to be kept in Penal Servitude for the Term of Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
&c., in order to com-
19. Whosoever shall, by any Means, whatsoever, attempt to choke, suffocate, or Attempting to choke, strangle any other Person, or shall by any Means calculated to choke, suffocate, or stran- mit any indictable gle, attempt to render any other Person insensible, unconcious, or incapable of Resistance, Offence. with Intent in any of such Cases thereby to enable himself or any other Person to com- mit or with Intent in any of such Cases thereby to assist any other Person in committing any indictable Offence, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Terin not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
&c., to commit any
20. Whosoever shall unlawfully apply or administer to or cause to be taken by, Using Chloroform, or attempt to apply or administer to or attempt to cause to be administered to or taken adictable Offence, by, any Person, any Chloroforma, Laudanum, Pepper or other stupefying or overpowering Drug, Matter, or Thing, with Intent in any of such Cases thereby to enable himself or any other Person to commit, or with Intent in any of such Casos thereby to assist any other Person in committing any indictable Offence, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Terin not less than Three Years,or to be imprisoned for any Term not exceeding Two Years, with or without Ilard Labour.
so as to endanger Life
21. Whosoever shall unlawfully and maliciously administer to or cause to be Maliciously adni- administered to or taken by any other Person any Poison or other destructive or noxions istering Poism, &c., Thing, so as thereby to endanger the Life of such Person, or so as thereby to inflict or inflict grievous bo- upon such Person any grievous bodily Harin, shall be guilty of Felony, and, being ly Harm, convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal