OFFENCES AGAINST THE PERSON ORDINANCE, 1865
Title
OFFENCES AGAINST THE PERSON ORDINANCE, 1865
Description
No. 2 of 1865.
To consolidate and amend the laws relating to Offences against
the Person. [14th June,1865.]
1. The Offences against the Person Ordinance,1865.
Homicide.
2. Every person conviction for murder the Court shall suffer death
as a felon.
3. On 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 or 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 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 place as the Governor may order, and the sentence of the
Court shall so direct.
5. All persons who within this Colony conspire, confederate,
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 imprisonment for any term not exceeding 10 years.
6. Every offence which, before the commencement of the Act 9
Geroge IV, chapter 31, entitled 'An Act for consolidating and
amending the Statutes in England relative to Offences against the
Person,' would have amounted according 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 accessories, 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 defence, or in any
other 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 murder, or of manslaughter, or of
being accessory to murder or manslaughter, may be dealt with,
inquired of, tried, determined,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 by 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 or such causes to commit murder, shall be guilty
of felony, and shaIl be liable to imprisonment for life.
11. Every person who, by the explosion of gunpowder or any
other explosive substance, destroys or damages any building with
intent to commit murder shall be guilty of felony, and shall be
liable to imprisonment for life.
12.Every person who-
(1)sets fire to any ship or vessel, or any part thereof, or any
part of the tackke, apparel, or furniture thereof, or any goods or
chattels being therein ; or
(2) casts away or destroys any ship or vessel,
with intent in any of such cases to commit murder, shall be guilty
of felony, and shall be liable to imprisonment for life.
13. Every person who-
(1) attempts to administer to, or attempts to cause to be
administered to or to be taken by, any person any poison or other
destructive thing; or
(2) shoots at any person ; or
(3) by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person ; or
(4) attempts to drown,suffocate,or strangle any person,
with intent in any of such cases to comit murder,shall,whether
any bodily injury is effected or not, be guilty of felony, and shall
be liable to imprisonment for life.
14. Every person who, by any means other than those specified
in any of the preceding sections, attempts to commit murder shall
be guilty of felony, and shall be liable to imprisonment for life.
Letters threatening to murder.
15. Every person who maliciously sends,delivers,or utters,or
directly or indirectly causes to be received,knowing the contents
thereof, any letter or writing threatening to kill or murder any
person shall be guilty of felony and shall be liable to imprisonment
for any term not exceeding 10 years, and, if a male under the age
of 16 years,with or without whipping.
Acts causing ot 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 person
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 person who-
(1)unlawfully and maliciously,by any means whatsoever,
wounds or causes any grievous bodily harm to any person ; or
(2) shoots at any person ; or,
(3) by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person,
with intent in any or 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 cause.
19. Every person who unlawfully and maliciously wounds or
indicts any grievous bodily harm upon any other person, either
with or without any weapon or instrument, shall be guilty of a
misdemeanor, and shall he liable to imprisonment for any term
not exceeding 3 years.
20. Every person who-
(1)by any means whatsoever,attempts to choke, suffocate, or
strangle any other person; or
(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 thereby
to asist 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
causes to be taken by, or attempts 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
thereby to enable himself or any other person to commit, or with
intent in any of such cases thereby to assist any other person in
committing,any indictable offence,shall be guilty of felony,and
shall be liable to imprisonment for life.
22. 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, 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 term not exceeding 10
years.
23. Every person wbo 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 mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding 8 years.
24. If.on the trial of any person for any felony mentioned in
section 22, the jury are not satisfied that such person is guilty
thereof, but are satisfied that he is guilty of any misdemeanor
mentioned in the Iast section, the jury may acquit the accused of
such felony and find him guilty of such misdemeanor,and there-
upon he shall be liable to be punished in the same manner as if
he had been convicted on an indictment for such misdemeanor.
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 is endanfered,or the
health of such apprentice or servant has been or is likely to be
permanently injured,shall be guilty of a misdemeanor,and shall
be liable to imprisonment for any term not exceeding 3 years.
26.Every person who unlawfully abandons or exposes any child,
being under the age of 2 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 3 years.
27.Every person 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 16 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 liLe, and,
if a male under the age of 16 years,with or without whipping.
29. Every person who unlawfully and maliciosly places or
throws in, into, upon, against or near any building, ship,or vessel
any gunpowder or other explosive substance, with inlent to do any
bodily injury to any person, shall whether or not 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 14 years, and, if a male under the age of 16 years,
with or without whipping.
30-(1) Every person who sets or places, or causes to be set
or placed ,any spring gum,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
therrewith,shall be guilty of a misdemeanor,and shall be liable
to imprisonment for any term not exceeding 3 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 any place then heing in or afterwards coming into
his possession or occupation by some other person to continue so
set or placed shall be deemed to have set and place 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 place or 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 caused or
continued to be set or placed, in a dwelling-house, for the pro-
tection thereof.
30a.--(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 ,aliciously turns, moves, or
diverts any points or other machinery belonging to any railway,
or unlawfully and maliciously makes or shows.hides or removes,
any signal or light upon or near to any railway, or unlawfully and
maliciously does or causes to be done any other matter 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 to liable to imprisonment for any term not
exceeding 14 years, and if a male under the age of 16 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 imprisonment for any term not exceeding 14 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 asists therein, shall be guilty of a
misdemeanor, and shall he liable to imprisonment for any term
not exceeding 2 years.
(4) For the purposes of this section, ' railway' shall include
'tramway'.
31. Every person who, having the charge of any carriage or
vehicle, by 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 sball be guilty of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding 2 years.
Assaults.
32. Every person who-
(1) by threats or force, obstructs or prevents,or endeavours to
obstruct or prevent, any clergyman or other minister in or from
celebrating Divine Service or otherwise officiating in any church,
chapel,meeting house, or other place of Divine Worship, or in or
from the performance of his duty in the lawful burial of the dead
in any churchyard or other burial place ; or
(2) strikes or offers any violence to, or upon any civil process,
or under the pretence of executing any civil process, arrests, any
clergyman or other minister who is engaged in, or, to the know-
ledge 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 imprison-
ment for any term not exceeding 2 years.
33.Every person who assaults and strikes or wounds any Magis-
trate,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 vessel 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 7 years.
34. Every person who--
(1) assaults any person with intent to commit felony; or
(2) assaults,resists,or wilfully obstructs any police, officer in
the due execution of his duly 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 any other person
for any offence, shall be guilty of a misdemeanor,and shall be
liable to imprisonment for any term not exceeding 2 years.
35. Every persort who--
(1) beats or uses any violence or threat of violence to any
person with intent to deter or hinder him from buying, selling,
or otherwise disposing of, or to compel him to buy, sell, or other-
wise dispose of, any corn, rice, or other grain, flour, plantains,
yams, sweet potatoes, or other vegetables, or salt in any market
or other place; or
(2) beats or uses any violence or threat to any person having
the care or charge of any corn, rice,or other grain,flour,plantains,
yeas, sweet potatoes,or other vegetables, or salt whilst on the
way to or from any city, town,or other place, with intent to stop
the conveyance of the same,
shall, on conviction thereof before a Magistrate, be liable to im-
prisonment for any term not exceeding 3 months.
36. Every person who-
(1) unlawfully and with force hinders or prevents any person
from working at or exercising his lawful trade, business, or
occupation ; or
(2) beats or uses 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 a Magistrate,be liable to
imprisonment for any term not exceeding 3 months.
37. Every person who, in pursuance of any unlawful combina-
tion 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 person, shall be guilty of a misde-
meanor, and shall be liable to imprisonment for any term not
exceeding 2 years.
38. When any person is charged before any Magistrate with an
assault or battery upon any male child whose age does not, in the
opinion of the Magistrate, exceed 14 years, or upon any female,
either on the complaint of the party aggrieved 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 exceed-
ing 6 months or to a fine not exceeding (together with costs) 100
dollars, and, if the Magistrate thinks fit, in any of the said cases,
shall be bound to keep the pence and be of good behaviour for any
period not exceeding 6 months from the expiration of such
sentence.
39. If the Magistrate, on the hearing of any case of assault or
battery upon the merits, when the complaint is preferred by or
on behalf of the party aggrieved, deems the offence not to be
proved, or finds the assault or baltery to have been justified or so
trifling as not to merit any punishment, and accordingly 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 party against whom the complaint was preferred.
40. If any person against whom any 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 imprisonment 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 complaint 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 thereon,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 here-
in contained shall authorise any Magistrate to hear and determine
any case of assault or battery in which any question arises as to the
title to any Iands,tenements,or heredutaments or any interest
therein or accruing theefrom,or as to any bankrupcy of insolvency
or as to any execution under the process of any Court of Justice.
42. Every person who is convicted on an indictment of any
assault occasioning actual bodily harm shall be liable to imprison-
ment for any term not exceeding 3 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, hy force or fraud,takes away or detains
against his or her will any man or boy,woman or female child,
with intent to sell him or her,or to procure a ransorn or benefit
for his or her liberation, shall be guilty of felony,and shall be
liable to imprisonment for any term not exceeding 14 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 14
years, with intent to deprive any parent,guardian or other person
having the lawful care or charge of such children 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 detained as in this section before
mentioned,
shall be guilty of felony, and shall be liable to imprisonment for
any term not exceeding 7 years, and, if a male under the age of
16 years, with or without whipping:Provided that no person who
has claimed any right to the possession of such child, or is the
mother or has claimed to be the father of an illegitimate child,
shall be liable to be prosecuted 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.
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 7 years : Provided that nothing in this section shall
extend to any person marrying a second time whose husband or
wife has been continually absent from such person for the space
of 7 years then last past, and has not been known by such person
to be living within that time, or to any person who, at the time
of such second marriage, has been divorced from the bond of the
first marriage, or to any person whose former marriage has been
declared void by the sentence of any Court of competent jurisdic-
tion.
Attempts to procitre abortion.
47. Every woman, being with child, who, with intent to procure
her own miscarriage, unlawfully administers to herself any poison
or other noxious thing, or unlawfully uses any instrument or other
means whatsoever with the like intent, and every person who,
with intent to procure the miscarriage of any woman,whether she
is or 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 unlawfully used or
employed with intent to procure the miscarraige of any woman,
whether she is or is not with child,shall be guilty of a misde-
meanor, and shall be liable to imprisonment for any term not
exceeding 3 years.
Concealing the birth of a child.
49. Tf any woman is delivered of a child, every person who,
by any secret disposition of the dead body of the said child, whether
such child died before, at, or after its birth, endeavours to conceal
the birth thereof shall be guilty of a misdemeanor,and shall be
liable to imprisonment for any term not exceeding 2 years: Pro-
vided 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 indict-
ment 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 with intent to commit the same, or
of any indecent upon any male person,
shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding 10 years.
52. Every male person who, in public or private, commits, or is
a party to the commission of, or procures or attempts to procure
the commission by any male of any act of gross indecency
with another male person shall be guilly of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding 2 years.
53. It shall be no defence to a charge or indictment for an inde-
cent assault on a male person under the age of 13 to prove that he
consented to the act of indecency.
54.Whenever, on the trial of 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 emision of seed in
order to constitute a carnal knowledge,but the carnal knowledge
shall be deemed complete on proof of penetration only.
Making gunpowder to commit offences, and search therefor.
55. Every person who knowingly has in his possession, or makes
or manufactures, any gunpowder,explosive substance, or dangerous
or noxious thing, or any machine, engine, instrument, or thing,
with 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 2 years, and,
if a male under the age of 16 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, in
the day-time,anu 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 Magis-
trate,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 said substances and things,a Magis-
trate 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 proper places,
and detaining all such gunpowder,explosive,dangerous,or noxious
substances,machines,engines,instruments,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
Ordinance relating to gunpowder.
Miscellaneous provisions.
57.Any constable may take into custody,without a war-
rant,any person whom he finds lying or loitering or being 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 comit any felony or misdemeanor men-
tioned in this Ordinance,and shall take such person,as soon as
reasonable may be,before a Magistrate,to be dealt with according
to law.
58.-(1)In the case of every felony punishable under this Ordin-
ance 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 imprisonment for
any term not exceeding 2 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 commission of
any indictable misdemeanor punishable under this Ordinance shall
be liable to be proceeded against,indicted,and ounished as a
principal offender.
[ss.59,60rep.No.30 of 1911.] 61.Whenever any person is convicted of any indictable misde-
meanor punishable under this Ordinance,the Court may,in addi-
tion to or in lieu of any punishment authorised by this Ordinance,
fine the offender,and require him to enter into his own recogniz-
ances and to find sureties,both or either,for keeping the peace
and being of good behaviour;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 quash-
ed for want of form or be removed by certiorari,and no warrant
of commitment shall be held voil by reason of any defect therein,
provided it is therein alleged that the party has been convicted,and
there is a good and valid conviction to sustain the same.
[s.63, rep. No.50 of 1911.]
Short title. [24 & 25 Vict. C. 100.]
Murder. [ib. s. 1.]
Sentence for murder[ib.s.2.]
Burial of body of person executed. [ib. s. 3.] Conspiring or soliciting to commit murder. [24 & 25 Vict. C. 100 s. 4.] Petit treason to be murder. [ib. s. 8.] Manslaughter. [ib.s.5.][cf. No. 3 of 1903.] Excusable homicide where cause of death only happens in the Colony. [ib.s.10.] Administering poison or wounding with intent murder. [ib.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. [ib.s.13.] Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. [ib.s.14.] Attempting to commit murder by means not specified. [ib.s.15.] Sending letter threatening to murder. [ib.s.16.] 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. [ib.s.18.] [cf. No. 3 of 1903.] Definition of loaded arms. [ib.s.19.] Wounding or inflicting grievous bodily harm. [ib.s.20.] [cf. No. 3 of 1903.] Attempting to choke, 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. [ib.s.22.] Administering poison, etc., so as to endanger life or inflict grievous bodily harm. [ib.s.23.] Administering poison, etc., with intent to injure, etc. [ib.s.24.] Conviction for offence under s. 23 on trial for offence under s. 22. [ib.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. [ib.s.27 cf. No. 4 of 1897, s. 27.] Causing bodily injury by gunpowder, etc. [ib.s.28.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. [ib.s.29.] Placing gunpowder near building, etc., with intent to do bodily injury. [24 & 25 Vict.c. 100 s. 30.] Setting spring gun, etc., with intent to inflict grievous bodily harm. [ib.s.31.] Placing wood, etc., on a railway with intent to endanger passengers. [ib.s.32.] Casting 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. [ib.s.34.] Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. [ib.s.35.] Obstructing or assaulting clergyman, etc., in discharge of his duties. [ib.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 obstruct sale of grain or its free passage. [ib.s.39.] Assault on person with intent to hinder him in working. [24 & 25 Vict.c.100 s. 40.] Assault arising from combination respecting wages or trade. [ib.s. 41.] [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female. [ib.s.43.] Certificate of dismissal of complaint. [ib.s.44.] Certificate 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. [ib.s.46.] Assault occasioning bodily harm. [ib.s.47.] [cf. No. 3 of 1903.] Common assault. [ib.s.47.] [cf. No. 3 of 1903.] Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1890, s. 82 and No. 3 of 1903.] Stealing child under 14 years. [24 & 25 Vict. C. 100 s. 56] [cf. No. 4 of 1897, s. 27 and No. 3 of 1903.] Bigamy. [ib.s.57.] Administering drug or using instrument to procure abortion. [ib.s.58.] Procuring drug, etc., with intent to cause abortion. [24 & 25 Vict. C. 100 s. 59.] Concealing birth of child. [ib.s.60.] Sodomy and bestiality. [ib.s.61.] Attempt to commit unnatural offence. [ib.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 carnal knowledge. [24 & 25 Vict. C. 100 s. 63.] Making or having gunpowder with intent to commit felony. [ib.s.64.] Power to issue warrant for searching house, etc., for gunpowder, etc., [ib.s.65.] [cf. No. 14 of 1901.] Apprehension of person loitering at night and suspected of felony. [24 & 25 Vict.c.100 s. 66.] Punishment of principals in the second degree and accessories. [ib.s.67.] Awarding of fine 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. [ib.s.72.]
To consolidate and amend the laws relating to Offences against
the Person. [14th June,1865.]
1. The Offences against the Person Ordinance,1865.
Homicide.
2. Every person conviction for murder the Court shall suffer death
as a felon.
3. On 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 or 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 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 place as the Governor may order, and the sentence of the
Court shall so direct.
5. All persons who within this Colony conspire, confederate,
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 imprisonment for any term not exceeding 10 years.
6. Every offence which, before the commencement of the Act 9
Geroge IV, chapter 31, entitled 'An Act for consolidating and
amending the Statutes in England relative to Offences against the
Person,' would have amounted according 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 accessories, 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 defence, or in any
other 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 murder, or of manslaughter, or of
being accessory to murder or manslaughter, may be dealt with,
inquired of, tried, determined,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 by 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 or such causes to commit murder, shall be guilty
of felony, and shaIl be liable to imprisonment for life.
11. Every person who, by the explosion of gunpowder or any
other explosive substance, destroys or damages any building with
intent to commit murder shall be guilty of felony, and shall be
liable to imprisonment for life.
12.Every person who-
(1)sets fire to any ship or vessel, or any part thereof, or any
part of the tackke, apparel, or furniture thereof, or any goods or
chattels being therein ; or
(2) casts away or destroys any ship or vessel,
with intent in any of such cases to commit murder, shall be guilty
of felony, and shall be liable to imprisonment for life.
13. Every person who-
(1) attempts to administer to, or attempts to cause to be
administered to or to be taken by, any person any poison or other
destructive thing; or
(2) shoots at any person ; or
(3) by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person ; or
(4) attempts to drown,suffocate,or strangle any person,
with intent in any of such cases to comit murder,shall,whether
any bodily injury is effected or not, be guilty of felony, and shall
be liable to imprisonment for life.
14. Every person who, by any means other than those specified
in any of the preceding sections, attempts to commit murder shall
be guilty of felony, and shall be liable to imprisonment for life.
Letters threatening to murder.
15. Every person who maliciously sends,delivers,or utters,or
directly or indirectly causes to be received,knowing the contents
thereof, any letter or writing threatening to kill or murder any
person shall be guilty of felony and shall be liable to imprisonment
for any term not exceeding 10 years, and, if a male under the age
of 16 years,with or without whipping.
Acts causing ot 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 person
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 person who-
(1)unlawfully and maliciously,by any means whatsoever,
wounds or causes any grievous bodily harm to any person ; or
(2) shoots at any person ; or,
(3) by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person,
with intent in any or 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 cause.
19. Every person who unlawfully and maliciously wounds or
indicts any grievous bodily harm upon any other person, either
with or without any weapon or instrument, shall be guilty of a
misdemeanor, and shall he liable to imprisonment for any term
not exceeding 3 years.
20. Every person who-
(1)by any means whatsoever,attempts to choke, suffocate, or
strangle any other person; or
(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 thereby
to asist 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
causes to be taken by, or attempts 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
thereby to enable himself or any other person to commit, or with
intent in any of such cases thereby to assist any other person in
committing,any indictable offence,shall be guilty of felony,and
shall be liable to imprisonment for life.
22. 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, 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 term not exceeding 10
years.
23. Every person wbo 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 mis-
demeanor, and shall be liable to imprisonment for any term not
exceeding 8 years.
24. If.on the trial of any person for any felony mentioned in
section 22, the jury are not satisfied that such person is guilty
thereof, but are satisfied that he is guilty of any misdemeanor
mentioned in the Iast section, the jury may acquit the accused of
such felony and find him guilty of such misdemeanor,and there-
upon he shall be liable to be punished in the same manner as if
he had been convicted on an indictment for such misdemeanor.
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 is endanfered,or the
health of such apprentice or servant has been or is likely to be
permanently injured,shall be guilty of a misdemeanor,and shall
be liable to imprisonment for any term not exceeding 3 years.
26.Every person who unlawfully abandons or exposes any child,
being under the age of 2 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 3 years.
27.Every person 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 16 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 liLe, and,
if a male under the age of 16 years,with or without whipping.
29. Every person who unlawfully and maliciosly places or
throws in, into, upon, against or near any building, ship,or vessel
any gunpowder or other explosive substance, with inlent to do any
bodily injury to any person, shall whether or not 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 14 years, and, if a male under the age of 16 years,
with or without whipping.
30-(1) Every person who sets or places, or causes to be set
or placed ,any spring gum,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
therrewith,shall be guilty of a misdemeanor,and shall be liable
to imprisonment for any term not exceeding 3 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 any place then heing in or afterwards coming into
his possession or occupation by some other person to continue so
set or placed shall be deemed to have set and place 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 place or 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 caused or
continued to be set or placed, in a dwelling-house, for the pro-
tection thereof.
30a.--(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 ,aliciously turns, moves, or
diverts any points or other machinery belonging to any railway,
or unlawfully and maliciously makes or shows.hides or removes,
any signal or light upon or near to any railway, or unlawfully and
maliciously does or causes to be done any other matter 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 to liable to imprisonment for any term not
exceeding 14 years, and if a male under the age of 16 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 imprisonment for any term not exceeding 14 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 asists therein, shall be guilty of a
misdemeanor, and shall he liable to imprisonment for any term
not exceeding 2 years.
(4) For the purposes of this section, ' railway' shall include
'tramway'.
31. Every person who, having the charge of any carriage or
vehicle, by 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 sball be guilty of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding 2 years.
Assaults.
32. Every person who-
(1) by threats or force, obstructs or prevents,or endeavours to
obstruct or prevent, any clergyman or other minister in or from
celebrating Divine Service or otherwise officiating in any church,
chapel,meeting house, or other place of Divine Worship, or in or
from the performance of his duty in the lawful burial of the dead
in any churchyard or other burial place ; or
(2) strikes or offers any violence to, or upon any civil process,
or under the pretence of executing any civil process, arrests, any
clergyman or other minister who is engaged in, or, to the know-
ledge 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 imprison-
ment for any term not exceeding 2 years.
33.Every person who assaults and strikes or wounds any Magis-
trate,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 vessel 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 7 years.
34. Every person who--
(1) assaults any person with intent to commit felony; or
(2) assaults,resists,or wilfully obstructs any police, officer in
the due execution of his duly 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 any other person
for any offence, shall be guilty of a misdemeanor,and shall be
liable to imprisonment for any term not exceeding 2 years.
35. Every persort who--
(1) beats or uses any violence or threat of violence to any
person with intent to deter or hinder him from buying, selling,
or otherwise disposing of, or to compel him to buy, sell, or other-
wise dispose of, any corn, rice, or other grain, flour, plantains,
yams, sweet potatoes, or other vegetables, or salt in any market
or other place; or
(2) beats or uses any violence or threat to any person having
the care or charge of any corn, rice,or other grain,flour,plantains,
yeas, sweet potatoes,or other vegetables, or salt whilst on the
way to or from any city, town,or other place, with intent to stop
the conveyance of the same,
shall, on conviction thereof before a Magistrate, be liable to im-
prisonment for any term not exceeding 3 months.
36. Every person who-
(1) unlawfully and with force hinders or prevents any person
from working at or exercising his lawful trade, business, or
occupation ; or
(2) beats or uses 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 a Magistrate,be liable to
imprisonment for any term not exceeding 3 months.
37. Every person who, in pursuance of any unlawful combina-
tion 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 person, shall be guilty of a misde-
meanor, and shall be liable to imprisonment for any term not
exceeding 2 years.
38. When any person is charged before any Magistrate with an
assault or battery upon any male child whose age does not, in the
opinion of the Magistrate, exceed 14 years, or upon any female,
either on the complaint of the party aggrieved 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 exceed-
ing 6 months or to a fine not exceeding (together with costs) 100
dollars, and, if the Magistrate thinks fit, in any of the said cases,
shall be bound to keep the pence and be of good behaviour for any
period not exceeding 6 months from the expiration of such
sentence.
39. If the Magistrate, on the hearing of any case of assault or
battery upon the merits, when the complaint is preferred by or
on behalf of the party aggrieved, deems the offence not to be
proved, or finds the assault or baltery to have been justified or so
trifling as not to merit any punishment, and accordingly 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 party against whom the complaint was preferred.
40. If any person against whom any 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 imprisonment 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 complaint 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 thereon,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 here-
in contained shall authorise any Magistrate to hear and determine
any case of assault or battery in which any question arises as to the
title to any Iands,tenements,or heredutaments or any interest
therein or accruing theefrom,or as to any bankrupcy of insolvency
or as to any execution under the process of any Court of Justice.
42. Every person who is convicted on an indictment of any
assault occasioning actual bodily harm shall be liable to imprison-
ment for any term not exceeding 3 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, hy force or fraud,takes away or detains
against his or her will any man or boy,woman or female child,
with intent to sell him or her,or to procure a ransorn or benefit
for his or her liberation, shall be guilty of felony,and shall be
liable to imprisonment for any term not exceeding 14 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 14
years, with intent to deprive any parent,guardian or other person
having the lawful care or charge of such children 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 detained as in this section before
mentioned,
shall be guilty of felony, and shall be liable to imprisonment for
any term not exceeding 7 years, and, if a male under the age of
16 years, with or without whipping:Provided that no person who
has claimed any right to the possession of such child, or is the
mother or has claimed to be the father of an illegitimate child,
shall be liable to be prosecuted 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.
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 7 years : Provided that nothing in this section shall
extend to any person marrying a second time whose husband or
wife has been continually absent from such person for the space
of 7 years then last past, and has not been known by such person
to be living within that time, or to any person who, at the time
of such second marriage, has been divorced from the bond of the
first marriage, or to any person whose former marriage has been
declared void by the sentence of any Court of competent jurisdic-
tion.
Attempts to procitre abortion.
47. Every woman, being with child, who, with intent to procure
her own miscarriage, unlawfully administers to herself any poison
or other noxious thing, or unlawfully uses any instrument or other
means whatsoever with the like intent, and every person who,
with intent to procure the miscarriage of any woman,whether she
is or 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 unlawfully used or
employed with intent to procure the miscarraige of any woman,
whether she is or is not with child,shall be guilty of a misde-
meanor, and shall be liable to imprisonment for any term not
exceeding 3 years.
Concealing the birth of a child.
49. Tf any woman is delivered of a child, every person who,
by any secret disposition of the dead body of the said child, whether
such child died before, at, or after its birth, endeavours to conceal
the birth thereof shall be guilty of a misdemeanor,and shall be
liable to imprisonment for any term not exceeding 2 years: Pro-
vided 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 indict-
ment 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 with intent to commit the same, or
of any indecent upon any male person,
shall be guilty of a misdemeanor, and shall be liable to imprison-
ment for any term not exceeding 10 years.
52. Every male person who, in public or private, commits, or is
a party to the commission of, or procures or attempts to procure
the commission by any male of any act of gross indecency
with another male person shall be guilly of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding 2 years.
53. It shall be no defence to a charge or indictment for an inde-
cent assault on a male person under the age of 13 to prove that he
consented to the act of indecency.
54.Whenever, on the trial of 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 emision of seed in
order to constitute a carnal knowledge,but the carnal knowledge
shall be deemed complete on proof of penetration only.
Making gunpowder to commit offences, and search therefor.
55. Every person who knowingly has in his possession, or makes
or manufactures, any gunpowder,explosive substance, or dangerous
or noxious thing, or any machine, engine, instrument, or thing,
with 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 2 years, and,
if a male under the age of 16 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, in
the day-time,anu 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 Magis-
trate,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 said substances and things,a Magis-
trate 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 proper places,
and detaining all such gunpowder,explosive,dangerous,or noxious
substances,machines,engines,instruments,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
Ordinance relating to gunpowder.
Miscellaneous provisions.
57.Any constable may take into custody,without a war-
rant,any person whom he finds lying or loitering or being 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 comit any felony or misdemeanor men-
tioned in this Ordinance,and shall take such person,as soon as
reasonable may be,before a Magistrate,to be dealt with according
to law.
58.-(1)In the case of every felony punishable under this Ordin-
ance 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 imprisonment for
any term not exceeding 2 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 commission of
any indictable misdemeanor punishable under this Ordinance shall
be liable to be proceeded against,indicted,and ounished as a
principal offender.
[ss.59,60rep.No.30 of 1911.] 61.Whenever any person is convicted of any indictable misde-
meanor punishable under this Ordinance,the Court may,in addi-
tion to or in lieu of any punishment authorised by this Ordinance,
fine the offender,and require him to enter into his own recogniz-
ances and to find sureties,both or either,for keeping the peace
and being of good behaviour;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 quash-
ed for want of form or be removed by certiorari,and no warrant
of commitment shall be held voil by reason of any defect therein,
provided it is therein alleged that the party has been convicted,and
there is a good and valid conviction to sustain the same.
[s.63, rep. No.50 of 1911.]
Short title. [24 & 25 Vict. C. 100.]
Murder. [ib. s. 1.]
Sentence for murder[ib.s.2.]
Burial of body of person executed. [ib. s. 3.] Conspiring or soliciting to commit murder. [24 & 25 Vict. C. 100 s. 4.] Petit treason to be murder. [ib. s. 8.] Manslaughter. [ib.s.5.][cf. No. 3 of 1903.] Excusable homicide where cause of death only happens in the Colony. [ib.s.10.] Administering poison or wounding with intent murder. [ib.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. [ib.s.13.] Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. [ib.s.14.] Attempting to commit murder by means not specified. [ib.s.15.] Sending letter threatening to murder. [ib.s.16.] 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. [ib.s.18.] [cf. No. 3 of 1903.] Definition of loaded arms. [ib.s.19.] Wounding or inflicting grievous bodily harm. [ib.s.20.] [cf. No. 3 of 1903.] Attempting to choke, 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. [ib.s.22.] Administering poison, etc., so as to endanger life or inflict grievous bodily harm. [ib.s.23.] Administering poison, etc., with intent to injure, etc. [ib.s.24.] Conviction for offence under s. 23 on trial for offence under s. 22. [ib.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. [ib.s.27 cf. No. 4 of 1897, s. 27.] Causing bodily injury by gunpowder, etc. [ib.s.28.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. [ib.s.29.] Placing gunpowder near building, etc., with intent to do bodily injury. [24 & 25 Vict.c. 100 s. 30.] Setting spring gun, etc., with intent to inflict grievous bodily harm. [ib.s.31.] Placing wood, etc., on a railway with intent to endanger passengers. [ib.s.32.] Casting 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. [ib.s.34.] Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. [ib.s.35.] Obstructing or assaulting clergyman, etc., in discharge of his duties. [ib.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 obstruct sale of grain or its free passage. [ib.s.39.] Assault on person with intent to hinder him in working. [24 & 25 Vict.c.100 s. 40.] Assault arising from combination respecting wages or trade. [ib.s. 41.] [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female. [ib.s.43.] Certificate of dismissal of complaint. [ib.s.44.] Certificate 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. [ib.s.46.] Assault occasioning bodily harm. [ib.s.47.] [cf. No. 3 of 1903.] Common assault. [ib.s.47.] [cf. No. 3 of 1903.] Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1890, s. 82 and No. 3 of 1903.] Stealing child under 14 years. [24 & 25 Vict. C. 100 s. 56] [cf. No. 4 of 1897, s. 27 and No. 3 of 1903.] Bigamy. [ib.s.57.] Administering drug or using instrument to procure abortion. [ib.s.58.] Procuring drug, etc., with intent to cause abortion. [24 & 25 Vict. C. 100 s. 59.] Concealing birth of child. [ib.s.60.] Sodomy and bestiality. [ib.s.61.] Attempt to commit unnatural offence. [ib.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 carnal knowledge. [24 & 25 Vict. C. 100 s. 63.] Making or having gunpowder with intent to commit felony. [ib.s.64.] Power to issue warrant for searching house, etc., for gunpowder, etc., [ib.s.65.] [cf. No. 14 of 1901.] Apprehension of person loitering at night and suspected of felony. [24 & 25 Vict.c.100 s. 66.] Punishment of principals in the second degree and accessories. [ib.s.67.] Awarding of fine 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. [ib.s.72.]
Abstract
Short title. [24 & 25 Vict. C. 100.]
Murder. [ib. s. 1.]
Sentence for murder[ib.s.2.]
Burial of body of person executed. [ib. s. 3.] Conspiring or soliciting to commit murder. [24 & 25 Vict. C. 100 s. 4.] Petit treason to be murder. [ib. s. 8.] Manslaughter. [ib.s.5.][cf. No. 3 of 1903.] Excusable homicide where cause of death only happens in the Colony. [ib.s.10.] Administering poison or wounding with intent murder. [ib.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. [ib.s.13.] Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. [ib.s.14.] Attempting to commit murder by means not specified. [ib.s.15.] Sending letter threatening to murder. [ib.s.16.] 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. [ib.s.18.] [cf. No. 3 of 1903.] Definition of loaded arms. [ib.s.19.] Wounding or inflicting grievous bodily harm. [ib.s.20.] [cf. No. 3 of 1903.] Attempting to choke, 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. [ib.s.22.] Administering poison, etc., so as to endanger life or inflict grievous bodily harm. [ib.s.23.] Administering poison, etc., with intent to injure, etc. [ib.s.24.] Conviction for offence under s. 23 on trial for offence under s. 22. [ib.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. [ib.s.27 cf. No. 4 of 1897, s. 27.] Causing bodily injury by gunpowder, etc. [ib.s.28.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. [ib.s.29.] Placing gunpowder near building, etc., with intent to do bodily injury. [24 & 25 Vict.c. 100 s. 30.] Setting spring gun, etc., with intent to inflict grievous bodily harm. [ib.s.31.] Placing wood, etc., on a railway with intent to endanger passengers. [ib.s.32.] Casting 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. [ib.s.34.] Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. [ib.s.35.] Obstructing or assaulting clergyman, etc., in discharge of his duties. [ib.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 obstruct sale of grain or its free passage. [ib.s.39.] Assault on person with intent to hinder him in working. [24 & 25 Vict.c.100 s. 40.] Assault arising from combination respecting wages or trade. [ib.s. 41.] [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female. [ib.s.43.] Certificate of dismissal of complaint. [ib.s.44.] Certificate 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. [ib.s.46.] Assault occasioning bodily harm. [ib.s.47.] [cf. No. 3 of 1903.] Common assault. [ib.s.47.] [cf. No. 3 of 1903.] Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1890, s. 82 and No. 3 of 1903.] Stealing child under 14 years. [24 & 25 Vict. C. 100 s. 56] [cf. No. 4 of 1897, s. 27 and No. 3 of 1903.] Bigamy. [ib.s.57.] Administering drug or using instrument to procure abortion. [ib.s.58.] Procuring drug, etc., with intent to cause abortion. [24 & 25 Vict. C. 100 s. 59.] Concealing birth of child. [ib.s.60.] Sodomy and bestiality. [ib.s.61.] Attempt to commit unnatural offence. [ib.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 carnal knowledge. [24 & 25 Vict. C. 100 s. 63.] Making or having gunpowder with intent to commit felony. [ib.s.64.] Power to issue warrant for searching house, etc., for gunpowder, etc., [ib.s.65.] [cf. No. 14 of 1901.] Apprehension of person loitering at night and suspected of felony. [24 & 25 Vict.c.100 s. 66.] Punishment of principals in the second degree and accessories. [ib.s.67.] Awarding of fine 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. [ib.s.72.]
Murder. [ib. s. 1.]
Sentence for murder[ib.s.2.]
Burial of body of person executed. [ib. s. 3.] Conspiring or soliciting to commit murder. [24 & 25 Vict. C. 100 s. 4.] Petit treason to be murder. [ib. s. 8.] Manslaughter. [ib.s.5.][cf. No. 3 of 1903.] Excusable homicide where cause of death only happens in the Colony. [ib.s.10.] Administering poison or wounding with intent murder. [ib.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. [ib.s.13.] Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. [ib.s.14.] Attempting to commit murder by means not specified. [ib.s.15.] Sending letter threatening to murder. [ib.s.16.] 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. [ib.s.18.] [cf. No. 3 of 1903.] Definition of loaded arms. [ib.s.19.] Wounding or inflicting grievous bodily harm. [ib.s.20.] [cf. No. 3 of 1903.] Attempting to choke, 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. [ib.s.22.] Administering poison, etc., so as to endanger life or inflict grievous bodily harm. [ib.s.23.] Administering poison, etc., with intent to injure, etc. [ib.s.24.] Conviction for offence under s. 23 on trial for offence under s. 22. [ib.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. [ib.s.27 cf. No. 4 of 1897, s. 27.] Causing bodily injury by gunpowder, etc. [ib.s.28.] Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. [ib.s.29.] Placing gunpowder near building, etc., with intent to do bodily injury. [24 & 25 Vict.c. 100 s. 30.] Setting spring gun, etc., with intent to inflict grievous bodily harm. [ib.s.31.] Placing wood, etc., on a railway with intent to endanger passengers. [ib.s.32.] Casting 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. [ib.s.34.] Meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. [ib.s.35.] Obstructing or assaulting clergyman, etc., in discharge of his duties. [ib.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 obstruct sale of grain or its free passage. [ib.s.39.] Assault on person with intent to hinder him in working. [24 & 25 Vict.c.100 s. 40.] Assault arising from combination respecting wages or trade. [ib.s. 41.] [cf. No. 3 of 1903.] Assault on boy under fourteen years of age or on female. [ib.s.43.] Certificate of dismissal of complaint. [ib.s.44.] Certificate 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. [ib.s.46.] Assault occasioning bodily harm. [ib.s.47.] [cf. No. 3 of 1903.] Common assault. [ib.s.47.] [cf. No. 3 of 1903.] Forcible taking or detention of person, with intent to sell him. [cf. No. 3 of 1890, s. 82 and No. 3 of 1903.] Stealing child under 14 years. [24 & 25 Vict. C. 100 s. 56] [cf. No. 4 of 1897, s. 27 and No. 3 of 1903.] Bigamy. [ib.s.57.] Administering drug or using instrument to procure abortion. [ib.s.58.] Procuring drug, etc., with intent to cause abortion. [24 & 25 Vict. C. 100 s. 59.] Concealing birth of child. [ib.s.60.] Sodomy and bestiality. [ib.s.61.] Attempt to commit unnatural offence. [ib.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 carnal knowledge. [24 & 25 Vict. C. 100 s. 63.] Making or having gunpowder with intent to commit felony. [ib.s.64.] Power to issue warrant for searching house, etc., for gunpowder, etc., [ib.s.65.] [cf. No. 14 of 1901.] Apprehension of person loitering at night and suspected of felony. [24 & 25 Vict.c.100 s. 66.] Punishment of principals in the second degree and accessories. [ib.s.67.] Awarding of fine 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. [ib.s.72.]
Identifier
https://oelawhk.lib.hku.hk/items/show/774
Edition
1912
Volume
v1
Subsequent Cap No.
212
Cap / Ordinance No.
No. 2 of 1865
Number of Pages
16
Files
Collection
Historical Laws of Hong Kong Online
Citation
“OFFENCES AGAINST THE PERSON ORDINANCE, 1865,” Historical Laws of Hong Kong Online, accessed November 16, 2024, https://oelawhk.lib.hku.hk/items/show/774.
