758
Murder.
Sentence for murder.
Burial of body.
Conspiring or soliciting to commit murder.
Manslaughter.
Excusable homicide.
felon.
ORDINANCE No. 4 OF 1865.
Offences against the Person.
Homicide.
1. Whosoever shall be convicted of murder shall suffer death as a felon.
2. Upon every conviction for murder the Court shall pronounce sentence of death, and the same may be carried into execution, and all other proceedings upon such sentence and in respect thereof may be had and taken, in the same manner in all respects as sentence of death might have been pronounced and carried into execution, and all other proceedings thereupon and in respect thereof might have been had and taken, before the passing of this Ordinance upon a conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon.
3. The body of every person executed for murder shall be buried in such place as the Governor shall order, and the sentence of the Court shall so direct.
4. All persons who shall within this Colony conspire, confederate and agree to murder any person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, and whosoever within this Colony shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, 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 more than ten and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.
5. Whosoever shall be convicted of manslaughter 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, or to pay such fine as the Court shall award, in addition to or without any such other discretionary punishment as aforesaid.
6. No punishment or forfeiture shall be incurred by any person who shall kill another by misfortune or in his own defence, or in any other manner without felony.
758
Murder.
Sentence for
murder.
Burial of body.
Conspiring or soliciting to commit mur- der.
Manslaughter.
Excusable homicide.
felon.
ORDINANCE No. 4 OF 1865.
Offences against the Person.
Homicide.
1. Whosoever shall be convicted of murder shall suffer death as a
2. Upon every conviction for murder the Court shall pronounce sentence of death, and the same may be carried into execution, and all other proceedings upon such sentence and in respect thereof may be had and taken, in the same manner in all respects as sentence of death might have been pronounced and carried into execution, and all other proceed- ings thereupon and in respect thereof might have been had and taken, before the passing of this Ordinance upon a conviction for any other felony for which the prisoner might have been sentenced to suffer death as a felon.
3. The body of every person executed for murder shall be buried in such place as the Governor shall order, and the sentence of the Court shall so direct.
4. All persons who shall within this Colony conspire, confederate and agree to murder any person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, and whosoever within this Colony shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's Dominions or not, shall be guilty of a misde- meanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not more than ten and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.
5. Whosoever shall be convicted of manslaugther 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, or to pay such fine as the Court shall award, in addition to or without any such other discretionary punishment as aforesaid.
6. No punishment or forfeiture shall be incurred by any person who shall kill another by misfortune or in his own defence, or in any other manner without felony.
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