Assaults on Persons with Tatent to hinder theu in working.
Assaults arising from Combination.
Assaults on Females and Boys under Four- teen Years of Age.
ORDINANCE No. 4 or 1865.
Offences against the Person.
Common Gaol for any Term not exceeding Three Months: Provided that no Person, who shall be punished for any such Offence by virtue of this Section, shall be punished for the same Offence by virtue of any other Ordinance.
35. Whosoever shall unlawfully and with Force hinder or prevent any l'erson from working at or exercising his lawful Trade, Business, or Occupation, or shall beat or use any Violence or any Threat of Violence to any such Person with Intent to hinder or prevent him from working at or exercising the same, shall, on Conviction thereof before any Police Magistrate, be liable to be imprisoned and kept to Hard Labour in the Common Gaol for any Term not exceeding Three Months: Provided that no Person, who shall be punished for any such Offence by reason of this Section, shall be punished for the same Offence by virtue of any other Ordinance.
dismiss the Complaint
fect.
36. Whosoever, in pursuance of any unlawful Combination or Conspiracy to raise the Rate of Wages, or of any unlawful Combination or Conspiracy respecting any Trade, Business, or Manufacture, or respecting any Person concerned or employed therein, shall unlawfully assault any Person, 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. -
37. When any Person shall be charged before any Police Magistrate with an Assault or Battery upon any Male Child whose Age shall not in the Opinion of such Magistrate exceed Fourteen Years, or upon any Female, either upon the Complaint of the Party aggrieved or otherwise, the said Magistrate may proceed to hear and determine the same in a summary Way, and, if the same be proved, may convict the Person accused; and every such Offender shall be liable to be imprisoned in the Common Gaol, with or without Hard Labour, for any period not execeding Six Months or to pay a Fine not exceeding (together with Costs) the Sum of One hundred Dollars, which Fine shall be paid to Her Majesty for the Use of the Colony, and in Default, of Payment to be imprisoned in the Common Gaol, with or without Hard Labour, for any Period not exceeding Six Months, unless such Fine and Costs be sooner paid, and, if the Magistrate shall so think fit, in any of the said Cases, shall be bound to keep the Peace and be of good Behaviour for any Period not exceeding Six Months from the Expiration of such Sentence.
If the Magistrate 38. If the Magistrate, upon the Hearing of any Case of Assault or Battery upon be shall make out a the Merits, where the Complaint was preferred by or on the Behalf of the Party aggrieved, Certificate to that Ef- and shall deem the Offence not to be proved, or shall find the Assault or Battery to have been justified, or so trifling as not to merit any Punishment, and shall accordingly dismiss the Complaint, he shall forthwith make out a Certificate under his Hand stating the Fact of such Dismissal, and shall deliver such Certificate to the Party against whom the Complaint was preferred.
Certificate or Con-
to any other Proceed-
ing.
39. If any Person, against whom any such Complaint as shall have been preferred viction shall be a Har by or on the Behalf of the Party aggrieved, shall have obtained such Certificate, or, having been convicted, shall have paid the whole Amount adjudged to be paid, or shall have suffered the Imprisonment or Imprisonment with Hard Labour awarded, in every such Case he shall be released from all further or other Proceedings, Civil or Criminal, for the same Cause.
Cases.
These Provisions
40. Provided, that in case the Magistrate shall find the Assault or Battery complained not to apply to certain of to have been accompanied by any Attempt to commit Felony, or shall be of Opinion that the same is, from any other Circumstance, a fit Subject for a Prosecution by Information, he shall abstain from any Adjudication thereupon, and shall deal with the Case in all respects in the same Manner as if he had no Authority finally to hear and determine the same: Provided also, that nothing herein contained shall authorise any Magistrate to hear and determine any Case of Assault or Battery in which any Question shall arise as to the Title to any Lands, Tenements or Hereditaments or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Assault occasioning Bodily Harm.
41. Whosoever shall be convicted upon an Information of any Assault occasioning actual bodily Harm 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 be convicted upon an Common Assault. Information for a Common Assault shall be liable, at the Discretion of the Court, or of a Police Magistrate, to be imprisoned for any Term not exceeding One Year, with or without Hard Labour.
ORDINANCE No. 4 or 1865.
Offences against the Person.
Rape, Abduction, and Defilement of Women.
42. Whosoever shall be convicted of the Crime of Rape shall be guilty of Felony, Rape. 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.
20
Alement of Girl ander Age.
43. Whosoever shall, by false Pretences, false Representations or other fraudulent Procuring the De- Means, procure any Woman or Girl under the age of Twenty-one Years to have illicit or carnal Connexion with any Man, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for Term
any not exceeding Two Years, with or without Hard Labour.
Girl under Ten Years
44. Whosoever shall unlawfully and carnally know and abuse any Girl under the Carnally knowing s Age of Ten Years shall be guilty of Felony, and, being convicted thereof, shall be liable, of Age. 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 excceding Two Years, with or without Hard Labour.
Girl between the Ages
45. Whosoever shall unlawfully and carnally know and abuse any Girl being above Carnally knowing a the Age of Ten Years and under the Age of Twelve Years shall be guilty of a Misdemeanor, of Ten and Twelve. 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.
the last two Offences.
46. Whosoever shall be convicted of any indecent Assault upon any Female, or of Attempts to commit any Attempt to have carnal Knowledge of any Girl under Twelve Years of Age, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Abduction of a Wo- man against her Will
frota Motives of Luere.
Fraudulent Ahdne-
the Will of her Father,
47. Where any Woman of any Age shall have any Interest whether legal or equit able, present or future, absolute, conditional, or contingent, in any Real or Personal Estate or shall be a presumptive Heiress or Coheiress or presumptive Next of Kin, or one of the presumptive Next of Kin, to any one having such Interest, whosoever shall, from Motives of Lucre, take away or detain such Woman against her Will, with Intent to marry or carnally know her, or to cause her to be married or carnally known by any other Person; and whosoever shall fraudulently allure, take away, or detain such Wo- man, being under the Age of Twenty-one Years, out of the Possession and against the tion of a Girl against Will of her Father or Mother, or of any other Person having the lawful Care or Charge of &c. her, with Intent to mary or carnally know her, or to cause her to be married or carnally known by any other 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 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 wliosoever shall be
of taking any of her Estate or convicted of any Offence against this Section, shall be incapable of taking any
Property. Interest, legal or equitable, in any Real or Personal Estate of such Woman, or in which she shall have any such Interest, or which shall come to her as such. Heiress, Coleiress, or Next of Kin as aforesaid; and if any such Marriage as aforesaid shall have taken place, such Property shall, upon such Conviction, be settled in such Manner as the Supreme Court in this Colony sitting in its Equity Jurisdiction shall, upon any Information at the Suit of the Attorney General, appoint.
Offender incapable
of Army
Woman with
48. Whosoever shall, by Force, take away or detain against her Will any Woman forcible Abduction of any Age, with Intent to marry or carnally know her, or to cause her to be married intent to marry her. or carnally known by any other 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 any Terin not exceeding Fourteen Years and not less than Three Years,--or to be imprisoned for any Terra not exceeding Two Years with or without Hard Labour.
under Sixteen Years
49. Whosoever shall unlawfully take or cause to be taken any unmarried Girl, Abduction of a Girl being under the Age of Sixteen Years out of the Possession and against the Will of her of Age. Father and Mother, or of any other Person having the lawful Care or Charge of her, 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,
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