CO129-146 - Lieut Governor Whitfield - 1870 [10-12] — Page 22

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Maliciously admi-

ORDINANCE No. 4 of 1865.

Offences against the Person.

Servitude for any Term not 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. 22. Whosoever shall unlawfully aud maliciously administer to or cause to be ad- nistering i ministered to or taken by any other Person any Poison or other destructive or noxious Thing, with Intent to injure, aggrieve, or annoy such Person, shall be guilty of a Mis- demeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Terin not exceeding Two Years, with or without Hard Labour.

with latent to injure.

guilty of Felony they

If Jury not satisfied 23. If upon the Trial of any Person for any Felony in the last but one preceding that Person charged is Section mentioned, the Jury shall not be satisfied that such Person is guilty thereof, may find him guilty of but shall be satisfied that he is guilty of any Misdemeanor in the last preceding Section mentioned, then and in every such Case the Jury may acquit the Accused of such Felony, and find him guilty of such Misdemeanor, and thereupon he shall be liable to be punished in the same Manner, as if convicted upon an Information for such Mis-

Misdemeanor.

Not providing Ap- prentices or Servarts with Food, Sco., whereby Life en- dangered.

whereby Li

gered.

demeanor.

24. Whosoever, being legally liable, either as a Master or Mistress, to provide for any Apprentice or Servant necessary Food, Clothing, or Lodging, shall wilfully and without lawful Excuse refuse or neglect to provide the same, or shall unlawfully and maliciously do or cause to be done any bodily Harm to any such Apprentice or Servant, so that the Life of such Apprentice or Servant shall be endangered, or the Health of such Apprentice or Servant shall have been or shall be likely to be permanently injured, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years,- or to be imprisoned for any Terin not exceeding Two Years, with or without Hard Labour.

Exposing Children 25. Whosoever shall unlawfully abandon or expose any Child, being under the or the Health endan- Age of Two Years, whereby the Life of such Child shall be endangered,

of such Child shall have been or shall be likely to be permanently injured, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion 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.

Causing bodily

der, &c.

26. Whosoever shall unlawfully and maliciously, by the Explosion of Gunpowder Injury by Gunpow or other explosive Substance, burn, maim, disfigure, disable, or do any grievous bodily Harm to 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, and, if a Male under the Age of Sixteen Years, with or without Whipping.

Causing Gunpow→ 27. Whosoever shall unlawfully and maliciously cause any Gunpowder or other der to explode, &0,, ur throwing corrosive explosive Substance to explode, or send or deliver to or cause to be taken or received Fluid with Intent to doy any Person any explosive Substance or any other dangerous or noxious Thing, or grievous bodily aru. put or lay at any Place, or cast or throw at or upon or otherwise apply to any Person,

Placing Gunpowder near a Building, &c.,

Person.

any corrosive Fluid or any destructive or explosive Substance, with Intent, in any of the Cases aforesaid, to burn, main, disfigure, or disable any Person, or to do some grie- vons bodily Harm to any Person, 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 Terin 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.

28. Whosoever shall unlawfully and maliciously place, or throw in, into, upon, with Intent to do against, or near any Building, Ship, or Vessel any Gunpowder or other explosive dily Injury to any Substance, with Intent to do any bodily Injury to any Person, shall, whether or not any Explosion take place, and whether or nor any bodily Injury be effected, be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen 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.

ORDINANCE No. 4 or 1865.

Offences against the Person,

&c., with Intent to

29. Whosoever shall set or place, or cause to be set or placed, any Spring Gun, Setting Spring Guns, Ma.. Trap, or other Engine calculated to destroy Human Life or to inflict grievous inflict grievous botily bodily Harm, with the Intent that the same or whereby the same may destroy or inflict Harm. grievous bodily Harm upon a Tresspasser or other Person coming in Contact therewith, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion 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; and whosoever shall knowingly and wilfully permit any such Spring Gun, Man Trap, or other Engine which may have been set or placed in any Place then being in or afterwards coming into his Possession or Occupation by some other Person to continue so set or placed, shall be deemed to have set and placed such Gun, Trap, or Engine with such Intent as aforesaid: Provided that nothing in this Section contained shall extend to make it illegal to set or place any Gun or Trap such as may have been or may be usually set or placed with the Intent of destroying Vermin: Provided also, that nothing in this Section shall be deemed to make it unlawful to set or place or cause to be set or placed, or to be continued set or placed, from Sunset to Sunrise, any Spring Gun, Man Trap, or other Engine which shall be set or placed, or caused or continue to be set or placed, in a Dwelling-house, for the Protection thereof.

&c., injuring Persons by furious Driving.

30. Whosoever, having the Charge of any Carriage or Vehicle, shall, by wanton or Drivers of Carriages, furious Driving or Racing, or other wilful Misconduct, or by wilful Neglect, do or cause to be done any bodily Harm to any l'erson whatsoever, shall be guilty of a Misdemea nor, 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.

Assaults.

&c., in the Discharge

31. Whosoever shall, by Threats or Force, obstruct or prevent, or endeavour to Obstructing.or obstruct or prevent, any Clergyman or other Minister in or from celebrating Divine Assaulting Clergyman, Service or otherwise officiating in any Church, Chapel, Meeting House, or other Place of his Duties. of Divine Worship, or in or from the Performance of his Duty in the lawful Burial of the Dead in any Churchyard or other Burial Place, or shall strike or offer any Violence to, or shall, upon any Civil Process, or under the Pretence of executing any Civil Process, arrest any Clergyman or other Minister who is engaged in, or to the Know- ledge of the Offender is about to engage in, auy of the Rites or Duties in this Section aforesaid, or who to the Knowledge of the Offender, shall be going to perform the same or returning from the Performance thereof, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Termo not exceeding Two Years, with or without Hard Labour.

32. Whosoever shall assault and strike or wound any Police Magistrate, Justice Assaulting a Ma- of the Peace, Officer, or other Person whatsoever lawfully authorized, in or on account gistrate, &c., on ac- conut of his preserving of the Exercise of his Duty in or concerning the Preservation of any Vessel in Distress, wreck.

or of any Vessel, Goods, or Effects wrecked, stranded, or cast on Shore, or lying under Water, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.

on Pence Officers, &c.

33. Whosoever shall assault any Person with Intent to commit Felony, or shall Assault with Intent assault, resist, or wilfully obstruct any Constable or Police Officer in the due Execution to corruit Felony or of his Duty, or any Person acting in Aid of such Officer, or shall assault any Person with Intent to resist or prevent the lawful Apprehension or Detainer of himself or of any other Person for any Offence, 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.

Intent to obstruct the

34. Whosoever shall beat, or use any Violence or Threat of Violence to any Person, Summary Conviction with Intent to deter or hinder him from buying, selling, or otherwise disposing of or to a case of Assaults with compel him to buy, sell, or otherwise dispose of, any Corn, Rice, or other Grain, Flour, Sale of Grain of its free Plantains, Yams, Sweet Potatoes or other Vegetables or Salt in any Market or other Passage. Place, or shall beat or use any such Violence or Threat to any Person having the care or charge of any Corn, Rice, or other Grain, Flour, Plantains, Yams, Sweet Potatoes, or other Vegetables or Salt whilst on the way to or from any City, Town, or other Place with Intent to stop the Conveyance of the same, shall, on Conviction thereof, before any

Police Magistrate, be liable to be imprisoned and kept to Hard Labour in the

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