liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour: Not to extend to certain Marriages,&c., herein statedProvided that nothing in this section contained shall extend to any Second Marriage contracted elsewhere than in this Colony by any other than a Subject of Her Majesty, or to any Person marrying a Second Time whose Husband or Wife shall have been continually absent from such Persons for the Space of Seven Years then last past, and shall not have been known by such Persons to be living within that Time, or shall extend to any Person who, at the Time of such Second Marriage, shall have been divorsed from the Bond of the First Marriage, or to any Person whose former Marriage shall have been declared void by the Sentence of any Court of competent Jurisdiction.
Attempt to procure Abortion.
Administering Drugs or using Instruments to procure Abortion. 53. Every Woman, being with Child, who with Intent to procure her own Miscarriage, shall unlawfully administer to herself any Poison or other noxious Thing, or shall unlawfully use any Instrument or other Means whatsoever with the like Intent, and whosoever, with Intent to procure the Miscarriage of any Woman, whether she be or be not with Child, shall unlawfully administer to her or cause to be taken by her any Poison or other noxious Thing, or shall unlawfully use any Instrument or other Means whatsoever with the like Intent, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.
Procuring Drugs, &c., to cause Abortion. 54. Whosoever shall unlawfully supply or procure 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 Miscarriage of any Woman, whether she be or be not with Child, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Concealing the Birth of a Child.
Concealing the Birth of a Child. 55. If any Woman shall be delivered of a Child, every Person who shall, by any secret Disposition of the Dead Body of the said Child, whether such Child died before, at or after its Birth, endeavour to conceal the Birth thereof, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour: Provided that if any Person tried for the Murder of any Child shall be acquitted thereof, it shall be lawful for the Jury by whose Verdict such Person shall be acquitted to find in case it shall so appear in Evidence, that the Child had recently been born, and that such Person did, by some secret Disposition of the Dead Body of such Child, endeavour to conceal the Birth thereof, and thereupon the Court may pass such Sentence as if such Person had been convicted upon an Information for the Concealment of the Birth.
Unnatural Offence.
Sodomy and Bestiality. 56. Whosoever shall be convicted of the abominable Crime of Buggery, committed either with Mankind or with any Animal, shall be guilty of Felony and shall be liable, at the Discretion of the Court to be kept in Penal Servitude for Life, or for any Term not less than Ten Years.
Attempt to commit an unnatural Offence. 57. Whosoever shall attempt to commit the said abominable Crime, or shall be guilty of any Assault with Intent to commit the same, or of any indecent Assault upon any Male Person, shall be guilty of a Misdemeanor, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Ten Years and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour.
Carnal Knowledge defined. 58. Whenever upon the Trial for any Offence punishable under this Ordinance it may be necessary to prove carnal Knowledge, it shall not be necessary to prove the actual Emission of Seed in order to constitute a carnal Knowledge, but the carnal Knowledge shall be deemed complete upon Proof of Penetration only.
