OFFENCES AGAINST THE PERSON ORDINANCE, 1865

OFFENCES AGAINST THE PERSON ORDINANCE, 1865

- 1865 -
No. 1 of 1865, repealed by No. 58 of 1911.

No. 2 of 1865.

An Ordinance to consolidate and amend the laws relating
to offences against the person.
[14th June, 1865.]

1. This Ordinance may be cited as the Offences against
the Person Ordinance, 1865.

Homicide.
2. Every person who is convicted of murder shall suffer
death as a felon.

3. On every conviction for murder the court shall pro-
nounce 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 pro-
nounced and carried into execution, and all other proceed-
ings thereupon and in respect thereof might have been had
and taken, before the commencement of this Ordinance, on
a conviction for any other felony for which the prisoner
might have been sentenced to suffer death as a felon.

4. The body of every person executed for murder shall be
buried in such placee as the Governor may order, and the
sentence of the court shall so direct.

5. +All persons who within this Colony conspire, con-
federate, and agree to murder any person, whether he is a
subject of His Majesty or not and whether he is within His
Majesty's dominions or not, and every person who within this
Colony solicits, encourages, persuades or endeavours to
persuade, or proposes to any person to murder any other
person, whether he is a subject of His Majesty or not and
whether he is within His Majesty's dominions or not, shall
be guilty of a misdemeanor, and shall be liable to imprion-
ment for any term not exceeding ten years.

* As amended by Law Rev. Ord., 1923.
+ See No. 10 of 1886, Second Schedule.








6. Every offence which, before the commencement of the
Act 9 George 4, chapter 31, entitled An Act for consolidat-
ing and amending the Statutes in England relative to
Offences against the Person, would have amounted accord-
ing to the law of England to petit treason shall be deemed
to be murder only, and no greater offence; and all persons
guilty in respect thereof, whether as principals or as access-
soreis, shall be dealt with, indicted, tried, and punished as
principals and accessories in murder.

7. Every person who is convicted of manslaughter shall
be liable to imprisonment for life and to pay such fine as the
court may award.

8. No punishment or forfeiture shall be incurred by any
person who kills another by misfortune, or in his own de-
fence, or in any ther manner without felony.

9. Where any person being feloniously stricken, poisoned,
or otherwise hurt at any place in this Colony dies of such
stroke, poisoning, or hurt upon the sea or at any place out
of this Colony, every offence committed in respect of any
such case, whether the same amounts to the offence of mur-
der, or of manslaughter, or of being accessory to murder or
manslaughter, may be dealt with, inquired of, tried, deter-
mined, and punished in this Colony in which such stroke,
poisoning, or hurt happens, in the same manner in all
respects as if such offence had been wholly committed in
this Colony.

Attempts to murder.

10. Every person who-

(1) administers to, or causes to be administered to, or to
be taken aby any person any poison or other destructive
thing; or

(2) by any means whatsoever, wounds or causes any
grievous bodily harm to any person,

with intent in any of such cases to commit murder, shall be
guilty of felony, and shall be liable to imprisonment for
life.

* See No. 10 of 1886, Second Schedule.


6. Every offence which, before the commencement of the
Act 9 George 4, chapter 31, entitled An Act for consolidat-
ing and amending the Statutes in England relative to
Offences against the Person, would have amounted accord-
ing to the law of England to petit treason shall be deemed
to be murder only, and no greater offence; and all persons
guilty in respect thereof, whether as principals or as access-
soreis, shall be dealt with, indicted, tried, and punished as
principals and accessories in murder.

7. Every person who is convicted of manslaughter shall
be liable to imprisonment for life and to pay such fine as the
court may award.

8. No punishment or forfeiture shall be incurred by any
person who kills another by misfortune, or in his own de-
fence, or in any ther manner without felony.

9. Where any person being feloniously stricken, poisoned,
or otherwise hurt at any place in this Colony dies of such
stroke, poisoning, or hurt upon the sea or at any place out
of this Colony, every offence committed in respect of any
such case, whether the same amounts to the offence of mur-
der, or of manslaughter, or of being accessory to murder or
manslaughter, may be dealt with, inquired of, tried, deter-
mined, and punished in this Colony in which such stroke,
poisoning, or hurt happens, in the same manner in all
respects as if such offence had been wholly committed in
this Colony.

Attempts to murder.

10. Every person who-

(1) administers to, or causes to be administered to, or to
be taken aby any person any poison or other destructive
thing; or

(2) by any means whatsoever, wounds or causes any
grievous bodily harm to any person,

with intent in any of such cases to commit murder, shall be
guilty of felony, and shall be liable to imprisonment for
life.

* See No. 10 of 1886, Second Schedule.






Acts causing or tending to cause danger to life, etc.

16. Every person who-

(1) unlawfully and maliciously prevents or impedes any
person being on board of or having quitted any ship or
vessel which is in distress, or wrecked, stranded, or cast on
shore, in his endeavour to save his life; or

(2) unlawfully and maliciously prevents or impedes any
peson in his endeavour to save the life of any such person
as in this section first aforesaid,

shall be guilty of felony, and shall be liable to imprisonment
for life.

17. Every peson who-

(1) unlawfully and maliciously, by any means whatsoever,
wounds or causes any grievous bodily harm to any person; or

(2) shoots at any peson; or,

(3) by drawing a triger or in any other manner, attempts
to discharge any kind of loaded arms at any person,

with intent in any of such cases to maim, disfigure, or disable
any person or to do some other grievous bodily harm to any
person, or with intent to resist or prevent the lawful
apprehension or detainer of any person, shall be guilty of
felony, and shall be liable to imprisonment for life.

18. Any gun, pistol, or other arm which is loaded in the
barrel with gunpowder or any other explosive substance, and
ball, shot, slug, or any other destructive material, shall be
deemed to be loaded arms within the meaning of this
Ordinance, although the attempt to discharge the same may
fail from want of proper priming or from any other casue.

19. Every person who unlawfully and maliciously wounds
or inflicts any grievous bodily harm upon any other person,
either with or without any weapon or instrument, shall be
guilty of a misdemeanor, and shall be liable to imprisonment
for any tem not exceeding three years.

20. Every person who-
(1) by any means whatsoever, atempts to choke, suffocate,
or strangle any other person; or

* See No. 10 of 1886, Second Schedule.

(2) by any means calculated to choke, suffocate, or strangle,
attempts to render any other person insensible, unconscious,
or incapable of resistance,

with intent in any of such cases thereby to enable himself
or any other person to commit, or with intent in any of such
cases therby to assist any other person in committing, any
indictable offence, shall be guilty of felony, and shall be liable
to imprisonment for life.

21. Every person who unlawfully applies or administers
to or cuases to be taken by , or attmepts to apply or administer
to, or attempts to cause to be administered to or taken by
any person any chloroform, laudanum, pepper, or other
stupefying or over powering drug, matter, or thing, with
intent in any of such cases theeby to enable himself or any
other person to commit, or witrh intent in any of such cases
thereby to assist any other person in committing, any indict-
able offence, shall be guilty of felony, and shall be liable to
imprisonment for life.

22. Every peson who unlawfully and maliciously
administers to, or causes to be administered to or taken by,
any other peson any poison or other destructive or noxious
thing, so as thereby to endanger the life of such person or so
as thereby to inflict upon such person any grievous bodily
harm, shall be guilty of felony, and shall be liable to
imprisonment for any tem not exceeding ten years.

23. Every person who unlawfully and maliciously
administers to, or causes to be administered 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 misdemeanor, and shall be liable to
imprisonment for any term not exceeding three years.

24. If, on the trial of any peron for any felony mentioned
in section 22, the jury are not satisfied that such person is
guilty therof, but are satisfied that he is guilty of any
misdemeanor mentioned in section 23, 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 he had been convicted on an indict-
ment for such misdemeanor.

* See No. 10 of 1886, Second Schedule.

+ As amended by Law Rev. Ord., 1923.













25. Every person who-

(1) being legally liable, either as a master or mistress, to
provide for any apprentice or servant necessary food,
clothing, or lodging, wilfully and without lawful excuse
refuses or neglects to provide the same; or

(2) unlawfully and maliciously does or causes to be done
any bodily harm to any such apprentice or servant,
so that the life of such apprentice or servant has been or is
likely to be permanently injured, shall be guilty of a
misdemeanor, and shlal be liable to imprisonment for any
term not exceeding three years.

26. Every person who unlawfully abandons or exposes
any child, being under the age of two years, whereby the life
of such child is endangered, or the health of such child is
or is likely to be permanently injured, shall be guilty of a
misdemeanor, and shall be liable to imprisonment for any
term not exceeding three years.

26A.-(1) If any person over the age of sixteen years who
has the custody, charge or card of any child or young person
under that age wilfulyy assaults, ill-treats, neglects, abandons
such child or young person to be assaulted, ill-treated
neglected, abandoned or exposed in a manner likely to cause
such child or young person unneccessary suffering or injury
to his health (including injury to or loss of sight, or hearing,
or limb, or organ of the body, or any mental derangement)
such person shall be guilty of a misdemeanor and shall be
liable-

(a) on conviction on indictment to a fine not exceeding
one thousand dollars and to imprisonment for any term not
exceeding two years; or

(b) on summary conviction to a fine not exceeding two
hundred and fifty dollars and to imprisonment for any term
nto exceeding six months;

and for the purposes of this section a parent or other person
over the age of sixteen having the custody, charge or care of
a child or young person under that age shall be deemed to

* As amended by No. 9 of 1913.








have neglected him in a manner likely to cause injury to his
health if he fails to provide adequate food, clothing or lodgin
for the child or young person, or if, being unable otherwise
to provide such food, clothing or lodging, he knowingly and
wilfully fails to take steps to procure the same to be provided
by some authority, society or institution which undertakes to
make such provision for necessitous children or young
persons.

(2) A person may be convicted of an offence under this
section, either on indictment or by a court of summary
jurisdiction, notwithstanding that actual suffering or injury
to health or the likelihood of such suffering or injury to health
was obviated by the action of another person.

(3) A person may be convicted of an offence under this
section, either on indictment or by a court of summary
juridiction, notwithstanding the death of the child or young
person in respect of whom the offence is committed.

27. Every peson who unlawfully and maliciously, by
the explosion of gunpowder or any other explosive substance,
burns, maims, disfigures, disables, or does any grievous bodily
harm to any person shall be guilty of felony, and shall be
liable to imprisonment for life, and, if a male under the age
of sixteen years, with or without whipping.

28. Every person who unlawfully and maliciously-

(1) causes any gunpowder or other explosive substance to
explode; or

(2) sends or delivers to, or causes to be taken or received
by, any person any explosive substance or any other dangerous
or noxious thing; or

(3) puts or lays at any place, or casts or throws at or upon
or otherwise applies to any person, any corrosive fluid or any
destructive or explosive substance,
with intent in any of such cases to burn, maim, disfigure, or
disable any person or to do some grievous bodily harm to any
person, shall, whether any bodily injury is effected or not,
be guilty of felony, and shall be liable to imprisonment for
life, and, if a male under the age of sixteen years, with or
without whipping.

* See No. 10 of 1886, Second Schedule.









29. Every peson who unlawfully and maliciously places
or throws in, into, upon, against or near any building, ship,
or vessel any gunpowder or other explosive substance, with
intent to do any bodily injury to any person, shall whether
or nto any explosion takes place and whether or not any
bodily injury is effected, be guilty of felony, and shall be
liable to imprisonment for any term not exceeding fourteen
years, and, if a male under the age of sixteen years, with or
without whipping.

30.- (1) Every person who sets or places, or causes to
be set or placed, any spring gun, man trap, or other engine
calculated to destroy human life or to inflict grievous bodily
harm, with intent that the same or whereby the same may
destroy or inflict grievous bodily harm upon a trespasser or
other person coming in contact therewith, shall be guilty of a
misdemanor, and shall be liable to imprisonment for any
term not exceeding three years.

(2) Every person who knowingly and wilfully permits any
such spring gun, man trap, or other engine which may have
been set or placed in anuy place then being in or afterwards
coming into his possession or occupation by some other per-
son 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 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 placed,
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 is set or placed, or cuased or continued to be
set or placed, in a dwelling-house, for the protection thereof.

30.A.-(1) Every person who unlawfully and maliciously
puts or throws upon or across any railway any wood, stone,
or other matter or thing, or unlawfully and maliciously takes
up, removes, or displaces any rail, sleeper, or other matter or
thing belonging to any railway, or unlawfully and maliciously
turns, moves, or diverts any points or other machinery
belonging to anyu railway, or unlawfully and maliciously
makes or shows, hides or removes, any signal or light upon

* See No. 10 of 1886, Second Scheduel.




or near to any railway, or unlawfully and maliciously does
or causes to be done any other matte or thing, with intent,
in any of the cases aforesaid, to endanger the safety of any
person travelling or being upon such railway, shall be guilty\
of felony, and shall be liable to imprisonment for any term
not exceeding fourteen years, and, if a male under the age of
sixteen years, with or without whipping.

(2) Every person who unlawfully and maliciously throws,
or causes to fall or strike, at, against, into, or upon any
engine, tender, carriage, or truck used upon any railway, any
wood, stone, or other matter or thing, with intent to injure
or endanger the safety of any person being in or upon such
engine, tender, carriage, or truck, or in or upon any other
engine, tender, carriage, or truck of any train of which such
first-mentioned engine, tender, carriage, or truck shall form
part, shall be guilty of felony, and shall be liable to imprison-
ment for any term not exceeding fourteen years.

(3) Every person who, by any unlawful act, or by any
wilful omission or neglect, endangers or causes to be
endangered the safety of any person conveyed or being in or
likely to be in or upon or near to a railway, or aids or assists
therein, shall be guilty of a misdemeanor, and shall be liable
to imprisonment for any term not exceeding two years.

(4) For the purposes of this section, railway shall
include tramway.

31. Every person who, having the charge of any carriage
or vehicle, byu wanton or furious driving or racing or other
wilful misconduct, or by wilful neglect, does or causes to be
done any bodily harm to any person shall be guilty of a
misdemeanor, and shll be liable to imprisonment for any
term not exceeding two years.

Assaults.

32. Every peson who-

(1) by threats or force, obstructs or prevents, or endeavours
to obstruct or prevent, any clergyman or other minister in or
from celecrating divine service or otherwise officiating in any
church, chapel, meeting house, or other place of divine
worship, or in or from the persormance of his duty in the
lawful burial of the dear in any churchyear or other burial
place; or









(2) strikets or offers any violence to, or upon any civil
process, or under the pretence of executing any civil
process, arrests, any celergyman or other minister who is
engaged in, or, to the knowledge of the offender, is about to
engage in, any of the rites or duties in this section aforesaid,
or who, to the knowledge of the offender, is going to perform
the same or is returning from the performance thereof,
shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding two years.

33. Every person who assaults and strikes or wounds any
magistrate, justice of the peace, officer, or other person
whomsoever lawfully authorised, in or on account of the
exercise of his duty in or concerning the preservation of any
essel in distress, or of any vessel, goods, or effects wrecked,
stranded, or cast on shore, or lying under water, shall be
guilty of a misdemeanor, and shall be liable to imprisonment
for any term not exceeding seven years.

34. Every person who-

(1) assaults any peson with intend to acommit felony; or
(2) assaults, resits, or wilfully obstructs any police officer
in the due execution of his duty or any person acting in aid
of such officer; or

(3) assaults any person with intent to resist or prevent the
lawful apprehension or detainer of himself or of anyother
person for any offence,

shall be guilty of a misdemeanor, and shall be liable to
imprisoment for any term not exceeding two years.

[ss. 35 and 36, rep. Law Revision Ordinance, 1923.]

37. Every person who, 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, unlawfully assaults any peson, shall
be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding two years.

38. When any person is charged before any magistrate
with an assult or battery upon any male child whose age

* See No. 10 of 1886, Second Schedule.






does not, in the opinion of the magistrate, exceed fourteen
years, or upon any female, either on the complaint of the
party aggruieved or otherwise, the magistrate may proceed to
hear and determine the same in a summary way, and may
convict the person accused; and such offender shall be liable
to imprisonment for any term not exceeding six months or
dollars, and, if the magistrate thinks 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.

39. If the magistrate, on the hearing of any case of assault
or battery upon the merits, where the complaint is preferred by
or on behalt of the prty aggrieved, deems the offence not to be
proved, or finds the assault or battery to have been justified
or so trifling as not to merit any punishment, and accord-
ingly dismisses 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 prty against whom
the complaint was preferred.

40. If any person against whom any such complaint is
preferred by or on behalf of the party aggrieved obtains
such certificate of dismissal, or, having been convicted, pays
the whole amount adjudged to be paid, or suffers the im-
prisonment awarded, in every such case he shall be released
from all further or other proceedings, civil or criminal, for
the same cause.

41. Provided that in case the magistrate finds the assault
or battery complained of to have been accompanied by any
attempt to commit felony, or is of opinion that the same is,
from any other circumstance, a fit subject for a prosecution
by indictment, he shall abstain from any adjudication there-
on, and shall deal with the case in all respects in the same
manner as if hje had no authority finally to hear and
determine the same: Provided, also, that nothing herein
contained shall authorise any magistrate to hear and deter-
mine any case of assault or battery in which any question
ariese as to the title to any lands, tenements, or herditaments
or any interest therein or accruing therefrom, or as to
any bankruptcy or insolvency or as to any execution under
the process of any court of justice.



















42.Every person who is convicted on in indictment of
any assault occasioning actual bodily harm shall be liable to
imprisonment for any term not exceeding three years.

43. Every person who is convicted on an indictment
of a common assault shall be liable to imprisonment for any
term not exceeding one year.

Forcible taking or detention of persons.

44. Every person who, by force ir fraydm takes away or
detains against his or her will any man or boy, woman or
fermle child, with intent to sell him or her or to procure a
ransom or benefit for his or her liberation, shall be guilty of
felony, and shall be liable to imprisonment for any term not
exceeding fourteen years.

45. Every person who-

(1) unlawfully, either by force or fraud, leads or takes
away, or decoys or entices away, or detains any child under
the age of foruteen years, with intent to deprive any parent,
guardian, orother person having the lawful card 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; or

(2) with any such intent, receives or harbours any such
child, knowing the same to have been, by force or fraud, led,
taken, decoyed, enticed away, or debtained as in this section
before mentioned,

shall be guilty of felony, and shall be liable to imprisonment
for any term not exceeding seven years, and, if a male under
the age of sixteen years, with or without whipping: Provid-
ed that no person who has claimed any right to the posses-
sion of such child, or is the mother or has claimed to be the
father of an illegitimate child, shall be liable to be prosecut-
ed by virute hereof on account of the getting possesion
of such child or taking such child out of the possession
of any person having the lawful charge thereof.

* See No. 10 of 1886, Second Schedule.
See 'No. 10or 1886, Second Schedille.


Bigamy.

46. Every person who, being married, marries any other
person during the life of the former husband or wife shall
be guilty of felony, and shall be liable to imprisonment for
any term not exceeding seven years: Provided that nothing
in this section shall exztend to any person marrying a second
time whose husband or wife has been continually absent
from such person for the space of seven years then last past,
and has not been known by such person to be living within
that time, or to any personwho, at the time of such second
marriage, has been divorced from the bond of the first mar-
riage, or to any person whose former marriage has been
declared void by the sentence of any court of competent
jurisdiction.

Attempts to procure abortrion.

47. Every woman, being with child, who, with intent to
procure her won miscarriage, unlawfully administers to
herself any poison or other noxious thing, or unlawfully uses
any instrument or other means whatsoever with the like
intent, an devery person who, with intent to procure the
miscarriage of any woman, whether she is or is not with
child, unlawfully administers or causes to be taken by her
any poison or other noxious thing, or unlawfully uses any
instrument or other means whatsoever with the like intent,
shall be guilty of felony, and shall be liable to imprisonment
for life.

48. Every person who unlawfully supplies or procures
any poison or other noxious thing or any instrument or thing
whatsoever, knowing that the same is intended to be unlaw-
fully used or employed with intent to procure the miscarriage
of any woman, whether she is or is not with child, shll be
guilty of a misdemeanor, and shall be liable to imprisonment
for any term not exceeding three years.

Concealing the birth of a child.

49. If any woman is delivered of a child, every person
who, by any secret dispostition of the dead body of the said
child, whether such child died before, at, or after its birth,
endeavours to conceal the brith thereof shall be guilty of a
misdemeanor, and shall be liable to imprisonment for any
term not excedding two years: Provided that if any person



















tried for the murder of any child is acquitted thereof, it shall
be lawful for the jury by whose verdict such person is
acquitted to find, in case it so appears 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 on an indictment for the concealment of the birth.

Abominable offences.

50. Every person who is convicted of the abominable
crime of buggery, committed either with mankind or with any
animal, shall be guilty of felony, and shall be liable to
imprisonment for life.

51. Every person who-

(1) attempts to commit the said abominable crime; or

(2) is guilty of any assault within to commit the same,
or of any indecent asault upon any male person.

52. Every male personwho, in pulic or private, commits,
or is party to the commission of, or procures or attempts
to procure the commission by any male person of any act of
gross indecency with anther male person shall be guilty of
a misdemeanor, and shall be liable to imprisonment for any
term not exceeding two years.

53. It shall be no defence to a charge or indictment for
an indecent assault on a male person under the age of thir-
teen to prove that he consented to the act of indecency.

54. Whenever, on the trial off any offence punishable
under this or any other Ordinance, it is necessary to prove
carnal knowledge, it shall not be necessary to prove the actual
emission of speed in order to constitute a carnal knowledge,
but carnal knowledge shall be deemded complete on proof of
penetration only.














Making gunpowder to commit offences, and search therefor.

55. Every person who knowingly has in his possession
of makes or manufactures, any gunpowder, explosive sub-
stance, or dangerous or noxious thing, or any machine, engine,
instrument, or thing, within intent by means thereof to commit,
or for the purpose of enabling any other person to commit,
any of the felonies mentioned in this Ordinance, shall be
guilty of a misdemeanor, and shall be liable to imprisonment
for any term not exceeding two years, and, if a male under
the age of sixteen years, with or without whipping.

56.-(1) On reasonable cause assigned upon oath by any
person that any such gunpowder, or other explosive,
dangerous, or noxious substance or thing, or any such machine,
engine, instrument, or thing is suspected to be made, kept,
or carried for the purpose of being used in committing any
of the felonies mentioned in this Ordinance, a magistrate
may issue a warrant for searching, ing the day-time, any
house, mill, magazine, storehouse, warehouse, shop, cellar,
yard, wharf, or other place, or any carriage, wagon, 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 said substances and things shall be brought before a
magistrate, and, on proof that the same have been made,
kept, or carried for any of the purposes aforesaid, whether
in the presence or absence of the owner of the ssaid sub-
stances and things, a magistrat may declare the same to be
forfeited.

(2) Every magistrate and person acting in the execution
of any such warrant shall have, for seizing, removing to
propert places, and detaining all such gunpowder, explosive,
dangerous, or noxious substances, machines, engines, instru-
ments, or things, found upon such search, which he may
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 may be, the
same powers and protections which are given by any Ordi-
nance relating to gunpower.

Miscellaneous.

57. Any constable may take into custody, without a war-
rant, any person whom he inds lying or loitering or being

* See No. 10 of 1880, Second Schedule.











in any highway, yard, or other place during the night, and
whom he has good cause to suspect of having committed, or
being about to commit, or intending to commit any felony
or misdemeanor inentioned in this Ordinance, and shall take
such person, as soon as reasonably may be before a mag-
istrate, to be dealt, with according to law.

58.-(1) In the case of every felony punishable under
this Ordinance, every principal in the second degree, and
every accessory before the fact, shall be punishable in the
same manner as the principal in the first degree is by this
Ordinance punishable.
(2). Every accessory after the fact to any felony punishable
under this Ordinance (except murder) shall be liable to im-
prisoriment for any term not exceeding two years.
(3) Every accessory after the fact to murder shall be
liable to imprisonment for life'.
(4) Every person who conceals, aids, or abets the com-
mission of any indictable misdemeanor pubishable under
this Ordinance shall. be liable to be proceeded against, in-
dicted, and punished, as a principal offende.

[ss. 59 and 60, rep. No. 30 of 1911.]

61. Wheriever penson is convicted of any indictable
misdemeanor punishable under this Ordinance, the court
may, in addition to or in lieu of any punishment authorised
by this Ordinance, fine the offender, and require him to
enter into his own recognizances and to find sureties, both'
or either, for keeping the peace and being of good behav-
iour; and, in case of any felony punishable under this
Ordinance otherwise than with death, the court may require
the offender to enter into his own recognizances and to find
sureties,. both., or either, for keeping the peace, in. addition
to any punishment authorised by this Ordinance: Provided
that no person shall be imprisoned for not. finding sureties
under this section for any period exceeding one year.

62. No summary conviction under this Ordinance shall
be quashed for want of form or be removed by by certiorari,
and no warrant of commitment shall be held void by reason
of any defect therein, provided it is therein alleged that the
party has been convicted, and there is a good and valid con-
viction to sustain the. same.
[s. 63, rep. No, 50 of 1911.]
[Originally No. 4 of 1865. No. 9 of 1913. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 100 Murder. 24 & 25 Vict.c. 100, s. 1. Sentence for murder. 24 & 25 Vict.c. 100, s. 2. Burial of body of person executed. 24 & 25 Vict.c. 100, s. 3. Conspiring or soliciting to commit murder. 24 & 25 Vict.c. 100, s.4. Petit treason to be murder. 24 & 25 Vict.c. 100, s. 8. Manslaughter. 24 & 25 Vict.c. 100, s.5. [cf. No. 3 of 1903.] Excusable homicide. 24 & 25 Vict.c. 100, s. 7. Trial of homicide where cause of death only happens in the Colony. 24 & 25 Vict.c. 100, s. 10. Administering poison or wounding with intent to murder. 24 & 25 Vict.c.100, s. 11. [cf. No. 3 of 1903.] Destroying or damaging building with intent to murder. 24 & 25 Vict.c. 100, s. 12. Setting fire to or casting away ship with intent to murder. 24 & 25 Vict.c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict.c.100, s. 14. Attempting to commit murder by means not specified. 24 & 25 Vict.c. 100, s. 15. Sending letter threatening to murder. 24 & 25 Vict.c. 100, s. 16. [cf. No. 3 of 1903.] Impeding person endeavouring to save himself from shipwreck. 24 & 25 Vict.c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 24 & 25 Vict.c. 100, s. 18. [cf. No. 3 of 1903.] Definition of loaded arms. 24 & 25 Vict.c. 100, s. 19. Wounding or inflicting grievous bodily harm. 24 & 25 Vict.c. 100, s. 20. [cf. No. 3 of 1903.] Attempting to chock, etc. in order to commit indictable offence. 24 & 25 Vict.c. 100, s. 21. [cf. No. 3 of 1903.] Using chloroform, etc. in order to commit indictable offence. 24 & 25 Vict.c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 24 & 25 Vict.c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 24 & 25 Vict.c. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 24 & 25 vict.c. 100 s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict.c. 100, s. 26. Exposing child whereby life is endangered. 24 & 25 Vict.c. 100, s. 27. [cf. No. 4 of 1897, s. 27.] Ill-treatment or neglect by those in charge of child or yound person. [cf. 8 Edw. 7, c. 67, s. 12.] Offence committed even if full effect obviated by inter-position of third party. Offence committed even if death of individual offended against occurs. Causing bodily injury by gunpowder, etc. 24 & 25 Vict.c. 100, s. 28. [cf. No. 3 of 1903.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 24 & 25 Vict.c. 100, s. 29. [cf. No. 3 of 1903.] Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict.c. 100, s. 30. [cf. No. 3 of 1903.] setting spring gun, etc., with intent to inflict grievous bodily harm. 24 & 25 Vict.c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers. 24 & 25 Vict.c. 100, s. 32. [cf. No. 3 of 1903.] Causing stone, etc., upon a railway carriage with intent to endanger the safety of any person therein. 24 & 25 Vict.c.100, s. 33. Doing or omitting anything endangering passengers. 24 & 25 Vict.c. 100, s. 34. Meaning of railway. Driver of carriage, etc., injuring person by furious driving. 24 & 25 Vict.c. 100, s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict.c. 100, s. 36. [cf. No. 3 of 1903.] Assaulting magistrate, etc., on account of his preserving wreck. 24 & 25 Vict.c. 100, s. 37. [cf. No. 3 of 1903.] Assault with intent to commit felony, or on police officer, etc. 24 & 25 Vict.c. 100 s. 38. [cf. No. 3 of 1903..] Assault arising from combination respecting wages or trade. 24 & 25 Vict.c.100, s. 41. [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female. 24 & 25 Vict.c. 100, s. 43. Certificate of dismissal of complaint. 24 & 25 Vict.c. 100, s. 44. Certifiate of dismissal or conviction and punishment to bar any other proceeding. 24 & 25 Vict.c. 100, s. 45. Exceptions for attempt to commit felony, etc., and for question of title. 24 & 25 Vict.c. 100, s. 46. Assault occasioning bodily harm. 24 & 25 Vict.c. 100, s. 47. [cf. No. 3 of 1903.] Common assault. 24 & 25 Vict.c. 100, s.47. [cf. No. 3 of 1903. Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1890, ss. 82 & 85, No. 3 of 1903, and No. 31 of 1921.] Stealing child under 14 years. 24 & 25 Vict.c. 100, s. 56.[cf. No. 3 of 1890, ss. 82 & 85, No. 4 of 1897, s. 27, No. 3 of 1903, and No. 31 of 1921.] Bigamy. 24 & 25 Vict.c. 100, s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict.c. 100, s. 58. Procuring drug, etc., with intent to cause abortion. 24 & 25 Vict.c. 100, s. 59. Concealing birth of child. 24 & 25 Vict.c. 100, s. 60. Sodomy and bestiality. 24 & 25 Vict.c. 100, s. 61. Attempt to commit unnatural offence. 24 & 25 Vict.c. 100, s. 62. Act of gross indecency by male with male. 48 & 49 Vict.c. 69, s. 11. [cf. No. 3 of 1890, s. 85.] Consent. 43 & 44 Vict.c. 45 s, 2. Definition of cranal knowledge. 24 & 25 Vict.c.100, s. 63. Making or having gunpowder with intent to commit feony. 24 & 25 Vict.c. 100, s. 64. [cf. No. 3 of 1903.] Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict.c. 100, s. 65. [cf. No. 14 of 1901. Apprehension of person loitering at night and suspected of felon. 24 & 25 Vict.c. 100 s. 66. Punishment of principals in the second degree and accessories. 24 & 25 Vict.c.100, s. 67. Awarding of find and sureties for keeping the peace. 24 & 25 Vict.c. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 24 & 25 Vict.c. 100, s. 72.

[Originally No. 4 of 1865. No. 9 of 1913. Law Rev. Ord., 1924.] Short title. 24 & 25 Vict.c. 100 Murder. 24 & 25 Vict.c. 100, s. 1. Sentence for murder. 24 & 25 Vict.c. 100, s. 2. Burial of body of person executed. 24 & 25 Vict.c. 100, s. 3. Conspiring or soliciting to commit murder. 24 & 25 Vict.c. 100, s.4. Petit treason to be murder. 24 & 25 Vict.c. 100, s. 8. Manslaughter. 24 & 25 Vict.c. 100, s.5. [cf. No. 3 of 1903.] Excusable homicide. 24 & 25 Vict.c. 100, s. 7. Trial of homicide where cause of death only happens in the Colony. 24 & 25 Vict.c. 100, s. 10. Administering poison or wounding with intent to murder. 24 & 25 Vict.c.100, s. 11. [cf. No. 3 of 1903.] Destroying or damaging building with intent to murder. 24 & 25 Vict.c. 100, s. 12. Setting fire to or casting away ship with intent to murder. 24 & 25 Vict.c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 24 & 25 Vict.c.100, s. 14. Attempting to commit murder by means not specified. 24 & 25 Vict.c. 100, s. 15. Sending letter threatening to murder. 24 & 25 Vict.c. 100, s. 16. [cf. No. 3 of 1903.] Impeding person endeavouring to save himself from shipwreck. 24 & 25 Vict.c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 24 & 25 Vict.c. 100, s. 18. [cf. No. 3 of 1903.] Definition of loaded arms. 24 & 25 Vict.c. 100, s. 19. Wounding or inflicting grievous bodily harm. 24 & 25 Vict.c. 100, s. 20. [cf. No. 3 of 1903.] Attempting to chock, etc. in order to commit indictable offence. 24 & 25 Vict.c. 100, s. 21. [cf. No. 3 of 1903.] Using chloroform, etc. in order to commit indictable offence. 24 & 25 Vict.c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 24 & 25 Vict.c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 24 & 25 Vict.c. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 24 & 25 vict.c. 100 s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 24 & 25 Vict.c. 100, s. 26. Exposing child whereby life is endangered. 24 & 25 Vict.c. 100, s. 27. [cf. No. 4 of 1897, s. 27.] Ill-treatment or neglect by those in charge of child or yound person. [cf. 8 Edw. 7, c. 67, s. 12.] Offence committed even if full effect obviated by inter-position of third party. Offence committed even if death of individual offended against occurs. Causing bodily injury by gunpowder, etc. 24 & 25 Vict.c. 100, s. 28. [cf. No. 3 of 1903.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 24 & 25 Vict.c. 100, s. 29. [cf. No. 3 of 1903.] Placing gunpowder near building, etc., with intent to do bodily injury. 24 & 25 Vict.c. 100, s. 30. [cf. No. 3 of 1903.] setting spring gun, etc., with intent to inflict grievous bodily harm. 24 & 25 Vict.c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers. 24 & 25 Vict.c. 100, s. 32. [cf. No. 3 of 1903.] Causing stone, etc., upon a railway carriage with intent to endanger the safety of any person therein. 24 & 25 Vict.c.100, s. 33. Doing or omitting anything endangering passengers. 24 & 25 Vict.c. 100, s. 34. Meaning of railway. Driver of carriage, etc., injuring person by furious driving. 24 & 25 Vict.c. 100, s. 35. Obstructing or assaulting clergyman, etc., in discharge of his duties. 24 & 25 Vict.c. 100, s. 36. [cf. No. 3 of 1903.] Assaulting magistrate, etc., on account of his preserving wreck. 24 & 25 Vict.c. 100, s. 37. [cf. No. 3 of 1903.] Assault with intent to commit felony, or on police officer, etc. 24 & 25 Vict.c. 100 s. 38. [cf. No. 3 of 1903..] Assault arising from combination respecting wages or trade. 24 & 25 Vict.c.100, s. 41. [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female. 24 & 25 Vict.c. 100, s. 43. Certificate of dismissal of complaint. 24 & 25 Vict.c. 100, s. 44. Certifiate of dismissal or conviction and punishment to bar any other proceeding. 24 & 25 Vict.c. 100, s. 45. Exceptions for attempt to commit felony, etc., and for question of title. 24 & 25 Vict.c. 100, s. 46. Assault occasioning bodily harm. 24 & 25 Vict.c. 100, s. 47. [cf. No. 3 of 1903.] Common assault. 24 & 25 Vict.c. 100, s.47. [cf. No. 3 of 1903. Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1890, ss. 82 & 85, No. 3 of 1903, and No. 31 of 1921.] Stealing child under 14 years. 24 & 25 Vict.c. 100, s. 56.[cf. No. 3 of 1890, ss. 82 & 85, No. 4 of 1897, s. 27, No. 3 of 1903, and No. 31 of 1921.] Bigamy. 24 & 25 Vict.c. 100, s. 57. Administering drug or using instrument to procure abortion. 24 & 25 Vict.c. 100, s. 58. Procuring drug, etc., with intent to cause abortion. 24 & 25 Vict.c. 100, s. 59. Concealing birth of child. 24 & 25 Vict.c. 100, s. 60. Sodomy and bestiality. 24 & 25 Vict.c. 100, s. 61. Attempt to commit unnatural offence. 24 & 25 Vict.c. 100, s. 62. Act of gross indecency by male with male. 48 & 49 Vict.c. 69, s. 11. [cf. No. 3 of 1890, s. 85.] Consent. 43 & 44 Vict.c. 45 s, 2. Definition of cranal knowledge. 24 & 25 Vict.c.100, s. 63. Making or having gunpowder with intent to commit feony. 24 & 25 Vict.c. 100, s. 64. [cf. No. 3 of 1903.] Power to issue warrant for searching house, etc., for gunpowder, etc. 24 & 25 Vict.c. 100, s. 65. [cf. No. 14 of 1901. Apprehension of person loitering at night and suspected of felon. 24 & 25 Vict.c. 100 s. 66. Punishment of principals in the second degree and accessories. 24 & 25 Vict.c.100, s. 67. Awarding of find and sureties for keeping the peace. 24 & 25 Vict.c. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 24 & 25 Vict.c. 100, s. 72.

https://oelawhk.lib.hku.hk/items/show/1070

1923

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