at 'XXVI. That the Justice before whom any person shall be convicted of any offence against this Act, may cause the conviction to be drawn up in the following form of words, or in any other form of words, to the same effect, as the case shall require, videlicit : "Be it remembered, that on the day of one of the Turks and Caicos Islands, A. O. is convicted before me, J. P., one of His Majesty's Justices of the Peace, for the said islands, for that he the said A. O., did (specify the offence, and the time and place when and where the same was committed, as the case may be, and on a second conviction, state the first conviction,) and I, the said J. P., adjudged the said A. O., for his said offence, to be imprisoned in the (or to be imprisoned in the and there kept to hard labour for the space of ;) or, I adjudge the said A. O., for his said offence, to forfeit and pay (here state the penalty actually imposed, or state the penalty and also the amount of the injury done, as the case may be,) and also to pay the for costs; and in default of immediate payment of (or to be imprisoned and there kept to hard labour, for the space of unless the said sum shall be sooner paid,) (or, I order that the said sum shall be paid by the said A. O., on or before the day of ,) and I direct that the said sum of (that is the penalty only,) shall be paid to the Receiver General and Treasurer, to be applied as aforesaid, and that the said sum of (that is the sum for the amount of the injury done,) shall be paid to C. D., (the party aggrieved, unless he is unknown, or has been examined in proof of the offence, in which case state that fact, and dispose of the whole, like the penalty as before,) and I order that the sum of for costs, shall be paid to sum of the said sums, to be imprisoned in the in the (the complainant). Given under my hand and seal, the day and year first above mentioned. XXVII. That in all cases where the sum adjudged to be paid, on any summary conviction, shall exceed ten pounds, or the imprisonment adjudged shall exceed one calendar month, or the conviction shall take place before one Justice only, any person, who shall think himself aggrieved by such conviction, may appeal to the next Supreme Court, which shall be holden thereafter, provided a notice in writing of such appeal, and of the cause and matter thereof, be given to the complainant within ten days after such conviction, by such person, who shall also either remain in custody, for the time during which he has been sentenced to be imprisoned, or until the next session of the Court; or he shall enter into a recognizance with two sufficient securities, before a Justice of the Peace, conditioned personally to appear at the said Court, and to try such appeal, and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded, and upon such notice being given, and such recognizance being entered into, the Justice before whom the same shall be entered into, shall liberate such person, if in custody, and the Court shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party, as to the Court shall seem meet, and in case of the dismissal of the appeal or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as No. 2. Act 5 W. 4, c. 10. Form of conviction. When persons may appeal to the Supreme Court. No. 2. Act 5 W. 4, c. 10. No conviction made on appeal to be quashed for want of form. Conviction to be transmitted Crown. shall be awarded, and shall, if necessary, issue process for enforcing such judgment. XXVIII. That no such conviction or adjudication made on appeal therefrom shall be quashed for want of form, and no warrant of commitment shall be held void by reason of any defect therein, provided it being therein alleged that the party has been convicted, and there be good and valid conviction to sustain the same. XXIX. That every Justice of the Peace, before whom any to Clerk of the person shall be convicted of any offence against this Act, shall transmit the conviction to the Clerk of the Crown, to be kept by him among the records of the said Court, and upon any indictment or information against any person for a subsequent offence, a copy of such conviction, certified by the said Clerk of the Crown, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and the conviction shall be presumed to have been unappealed against until the contrary be shown. When actions are to be commenced. XXX. And for the protection of persons acting in execution of this Act, Be it, &c., That all actions and prosecutions against any person for anything done in pursuance of this Act, shall be commenced within six calendar months after the fact committed, and not otherwise; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one calendar month at least before the commencement of the action, and in any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by, or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs, and have the like remedy for the same as any defendant hath by law in other cases, and though a verdict shall be given for the plaintiff, in any such action such plaintiff shall not have costs unless the Judge before whom the trial shall be, shall certify his approbation of the action, and of the verdict obtained thereupon. XXXI. That when any felony or misdemeanour, punishable under this Act shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried and determined, in the same manner, as any other felony or misdemeanour committed within that jurisdiction. XXXII. Suspends 3 Geo. 2, ch. 1; 3 Geo. 2, ch. 3; so much of 15 Geo. 2, ch. 1, as relates to persons killing, destroying, wounding, or damaging horses, mares, neat cattle or sheep. Also so much of 40 Geo. 3, ch. 2, as declares the following Acts of Parliament in force, viz. 37 Henry 8, ch. 6; 22 and 23 Char. 2, ch. 7; and 4 Geo. 1, ch. 12. No. 3.-4 Vic. ch. 25. An Act to amend 5 Wm. 4, ch. 10. (25th February, 1841.) HEREAS, it is expedient to amend so much of an Act WE No. 3. Act 4 Vic. c. 25. passed in the fifth year of the reign of King William the PREAMBLE. Fourth, entitled "An Act for the more effectual Punishment of Persons committing Malicious Injuries to Property," so far as relates to any person who shall unlawfully and maliciously set fire to any of the buildings, or erections therein mentioned; and so much of the same Act as relates to any person who shall unlawfully and maliciously set fire to, or in anywise destroy any ship or vessel, whether the same be complete or in an unfinished state; or who shall unlawfully and maliciously set fire to, cast away, or in anywise destroy any ship or vessel with intent thereby to prejudice any owner or part owner of such ship or vessel, or of any goods on board the same, or any person that hath underwritten, or shall underwrite any policy of insurance upon such ship or vessel, or on the freight thereof, or upon any goods on board the same; and so much of the same Act as relates to any person who shall exhibit any false light or signal, with intent to bring any ship or vessel into danger, or who shall unlawfully and maliciously do anything tending to the immediate loss or destruction of any ship or vessel in distress, or destroy any part of any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, or any goods, merchandise, or articles of any kind belonging to such ship or vessel, or who shall by force prevent or impede any person endeavouring to save his life from such ship or vessel (whether he shall be on board or shall have quitted the same): and so much of the same Act as relates to the punishment of principals in the second degree, and accessaries before and after the fact, respectively, to such of the felonies punishable under such Act as are herein before referred to; May it, &c., That so much of the said Act as is hereinbefore referred to, shall continue in force until and throughout the twenty-eighth day of February, in the present year of our Lord, One thousand eight hundred and forty-one, and shall from and after that day be repealed, except as to offences committed before or upon the said twenty-eighth day of February, which shall be dealt with and punished, as if this Act had not been passed. II. That whosoever shall unlawfully and maliciously set fire to any dwelling-house, any person being therein, shall be guilty of felony, and being convicted thereof shall suffer death. III. That whosoever shall unlawfully and maliciously set fire to any church or chapel, or to any chapel for the religious worship of persons dissenting from the United Church of England and Ireland, or shall unlawfully and maliciously set fire to any house, stable, coachhouse, outhouse, warehouse, office, shop, mill, malthouse, hophouse, barn, or granary, or to any building or erection used in carrying on any trade, or manufacture, or any branch thereof, whether the same or any of them respectively shall then be in possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding four years. IV. That whosoever shall unlawfully and maliciously set fire to, So much of an Act of 5 W. 4, pealed after the 28th Feb., 1841. as is recited, re Penalty for setting fire to an inhabited house. Penalty for setting fire to other buildings. No. 3. Act 4 Vic. c. 25. Penalties on accessaries. Discretion of the Court. cast away, or in anywise destroy any ship or vessel, either with intent to murder any person, or whereby the life of any person shall be endangered, shall be guilty of felony, and being convicted thereof, shall suffer death. Sections V., VI., VII., and VIII. repealed by Ord. No. 6 of 1860. IX. That in the case of every felony punishable under this Act, every principal in the second degree, and every accessary before the fact shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this Act punishable, and every accessary after the fact to any felony punishable under this Act, shall on conviction, be liable to be imprisoned for any term not exceeding two years. X. That where any person shall be convicted of any offence punishable under this Act, for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or imprisoned and kept to hard labour, within or without the walls of any lawful place of confinement, within these islands; and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem meet. XI. That when any felony punishable under this Act shall be committed within the jurisdiction of the Admiralty of England, the same shall be dealt with, inquired of, tried, and determined, as any other felony or misdemeanour committed within that jurisdiction. XII. Act to commence on the first of March, 1841. No. 4. Act 4 Vic. c. 29. PREAMBLE. No. 4.-4 Vic. ch. 29. An Act to amend 4 William 4, ch. 6. (25th February, 1841.) W HEREAS, it is expedient to amend so much of an Act passed in the fourth year of the reign of King William the Fourth, entitled, "An Act relative to Offences against the Person," as relates to any person who shall unlawfully and maliciously administer, or attempt to administer to any person, or who shall cause to be taken by any person, any poison or other destructive thing, or who shall unlawfully and maliciously attempt to drown, suffocate or strangle any person, or who shall counsel, aid or abet therein, and so much of the same Act as relates to any person who shall unlawfully and maliciously shoot at any person, or who shall, by drawing a trigger, or in any other manner attempt to discharge any kind of loaded arms at any person, or who shall unlawfully and maliciously stab, cut, or wound any person, or who shall unlawfully and maliciously throw, or cast at or upon, or otherwise apply to any person, any corrosive or noxious liquid or substance, with any of the intents in the same Act mentioned, or who shall counsel, aid, or abet therein, and so much of the same Act as relates to any person who shall use any of the ways or means therein mentioned, with intent to procure the miscarriage of any women, or who shall counsel, aid, or abet therein, and so much of the same Act, as relatos to the punishment of accessaries after the fact, to such of the felonies punishable under the said Act, as is herein before referred to; May it, &c., That so much of the said Act as is hereinbefore referred to, shall continue in force until and throughout the twenty-eighth day of February, in the present year of our Lord One thousand eight hundred and fortyone, and shall, from and after that day, be repealed, except as to offences committed before or upon the said twenty-eighth day of February, which shall be dealt with and punished, as if this Act had not been passed. II. That whosoever shall administer to, or cause to be taken by, any person, any poison or other destructive thing, or shall stab, cut, or wound any person, or shall by any means whatsoever, cause to any person any bodily injury, dangerous to life, with intent in any of the cases aforesaid, to commit murder, shall be guilty of felony, and being convicted thereof, shall suffer death. III. That whosoever shall attempt to administer to any person, any poison or other destructive thing, or shall shoot at any person, or shall by drawing a trigger, or in any other manner attempt 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 the crime of murder, shall, although no bodily injury shall be effected, be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years. IV. That whosoever unlawfully and maliciously shall shoot at any person, or shall by drawing a trigger, or in any other manner attempt to discharge any kind of loaded arms at any person, or shall stab, cut, or wound any person, with intent in any of the cases aforesaid to maim, disfigure, or disable such person, or to do some other grievous bodily harm to such 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 to be imprisoned for any term not exceeding four years. corrosive V. That whosoever shall unlawfully and maliciously send or deliver, or cause to be taken or received by any person, any explosive substance, or any other dangerous or noxious thing, or shall cast or throw upon, or otherwise apply to any person any fluid, or other destructive matter, with intent, in any of the cases aforesaid, to burn, maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, and whereby, in any of the cases aforesaid, any person shall be burnt, maimed, disfigured, or disabled, or receive some other grievous bodily harm, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding four years. VI. That whosoever, with intent to procure the miscarriage of any woman, 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 to be imprisoned for any term not exceeding four years. VII. That in case of every felony punishable under this Act, every principal in the second degree, and every accessary before the fact, shall be punishable with death, or otherwise, in the same manner as the principal in the first degree, is by this Act punishable, and every accessary after the fact, to any felony punishable P No. 4. Act 4 Vic. c. 29. Certain Acts of Parliament referred to, suspended. Death the penalty for doing any bodily injury, with intent to murder. Penalty for administering Poison, &c., with intent to murder. Penalty for shooting at any person, disfigure. with intent to Penalty for sending or delivering any explosive su stance, Penalty for administering Poison, &c., with intent to procure mis carriage. Principals and accessaries, how punished. |