21
Foreille Taking or
ORDINANCE No. 4 or 1865.
Offences against the Person.
Forcible Taking or Detention.
f
50. Whosoever, shall, by Force, take away or detain against his Will any Man or Keeping any Persoa. Boy', Woman or Female Child with Intent to sell him or her or to procure a Ransom or
Child Stealing-
Bigamy.
Benefit for his or her Liberation, 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 exceeking Two Years with or without Hard Labour.
Child Stealing.
51. Whosoever shall unlawfully, either by Force or Fraud, lead or take away, or decoy or entice away or detain any Child under the Age of Fourteen Years, with Intent to deprive any Parent, Guardian, or other Person having the lawful Care or Charge of such Child of the Possession of such Child, or with Intent to steal any Article upon or about the Person of such Child, to whomsoever such Article may belong, and whosoever shall, with any such Intent, receive or harbour any such Child, knowing the same to have been, by Force or Fraud, led, taken, decoyed, enticed away, or detained as in this Section before-mentioned, 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 Seven Years and not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and, if a Male under the Age of Sixteen Years, with or without Whipping: Provided, that no Person who shall have claimed any Right to the Possession of such Child, or shall be the Mother. or shall have claimed to be the Father of an illegitimate Child, shall be liable to be pro- secuted by virtue hereof on account of the getting Possession of such Child, or taking such Child out of the Possession of any Person having the lawful Charge thereof,
Bigamy.
any
52. Whosoever, being married, shall marry any other Person during the Life of the former Husband or Wife whether the second Marriage shall have taken place in this Colony or elsewhere, 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 Seven Years and not less than Three Years, or to be imprisoned for Term not exceeding Two Years, with or without Hard Labour: Provided that nothing Not to extend to in this Section contained shall extend to any Second Marriage contracted elsewhere certain Marriages,&c., than in this Colony by any other than a Subject of Her Majesty, or to any Person marrying a Second Time whose Husband or Wife shall have been continually absent from such Persons for the Space of Seven Years then last past, and shall not have been known by such Persons to be living within that Time, or shall extend to any Person who, at the Time of such Second Marriage, shall have been divorsed from the Bond of the First Marriage, or to any Person whose former Marriage shall have been declared void by the Sentence of any Court of competent Jurisdiction.
herein stated.
Administering Drugs
to procure Abortion.
Attempt to procure Abortion,
53. Every Woman, being with Child, who with Intent to procure her own Miscar- er using Instruments jage, shall unlawfully administer to herself any Poison or other noxious Thing, or shall unlawfully use any Instrument or other Means whatsoever with the like Intent, and whosoever, with Intent to procure the Miscarriage of any Woman, whether she be or be not with Child, shall unlawfully administer to her or cause to be taken by her any Poison or other noxious Thing, or shall unlawfully use any Instrument or other Means whatsoever with the like Intent, 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.
Procuring Drugs,
54. Whosoever shall unlawfully supply or procure any Poison or other noxious &c., to cause Abortion. Thing or any Instrument or Thing whatsoever, knowing that the same is intended to be unlawfully used or employed with Intent to procure the Miscarriage of whether she be or be not with Child, shall be guilty of a Misdemeanor, and, being any Woman, convicted thereof, shall be liable, at the Discretion of the Court, to be kept in l'enal Servitude for the Term of Three Years, or to be imprisoned for any Term not ex- ceeding Two Years, with or without Hard Labour.
ORDINANCE No. 4 or 1865.
Offences against the Person.
Concealing the Birth of a Child.
of a Child.
55. If
If any
Woman shall be delivered of a Child, every Person who shall, by any Concealing the Birth secret Disposition of the Dead Body of the said Child, whether such Child died before, at or after its Birth, endeavour to conceal the Birth 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 Term not exceeding Two Years, with or without Hard Labour: Provided that if any Person tried for the Murder of any Child shall be acquitted thereof, it shall be lawful for the Jury by whose Verdict such Person shall be acquitted to find in case it shall so appear in Evidence, that the Child had recently been born, and that such Person did, by some secret Disposition of the Dead Body of such Child, endeavour to conceal the Birth thereof, and thereupon the Court may pass such Sentence as if such Person had been convicted upon an Information for the Concealment of the Birth.
Unnatural Offence.
56. Whosoever shall be convicted of the abominable Crime of Buggery, committed either with Mankind or with any Animal, shall be guilty of Felony and shall be liable, at the Discretion of the Court to be kept in Penal Servitude for Life, or for any Term not less than Ten Years.
Sodomy and Res- tiality.
au unnatural Offènes.
57. Whosoever shall attempt to commit the said abominable Crime, or shall be Attempt to commit guilty of any Assault with Intent to commit the same, or of any indecent Assault upon' any Male Person, 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 Ten Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labuor.
defined.
58. Whenever upon the Trial for any Offence punishable under this Ordinance it Carnal Knowledge 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.
tent to commit any
59. Whosoever shall knowingly have in his Possession, or make or manufacture, Making or having any Gunpowder, explosive Substance, or any dangerous or noxious Thing, or any Machine, Gunpowder with in- Engine, Instrument, or Thing, with Intent by means thereof to commit or for the Felony against this purpose of enabling any other Person to commit, any of the Felonies in this Ordinance Ordinance. îneritioned 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.
searching Houses,&c.,
60. Upon reasonable Cause assigned upon Oath or Declaration by any Person that Magistrate may is. any such Gunpowder, or other explosive, dangerous, or noxious Substance or Thing, or sue Warrant for any such Machine, Engine, Instrument, or Thing, is suspected to be made, kept, or for such Gunpowder, carried for the purpose of being used in committing any of the Felonies in this Ordinance &c. 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 aud 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 such Offence, and the Barrels, Packages, Cases, and other Receptacles in which the same shall be, the same Powers and Protections which are given by Ordinance No. 10 of 1844.
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