Indictable. native law or custom: Provided, also, that a person accused of bigamy or under sections 424 or 425 shall be acquitted if at the time of the subsequent marriage his former wife or her former husband has been continually absent from him or her for seven years, and has not been heard of by him or her as being alive within that time, and if before the subsequent marriage he or she informs the other party thereto of the facts of the case so far as they are known to him or her.

Mode of proving marriage or divorce.

Publication

or sale of

(2.) Upon proof by the accused person of such continued absence and information as aforesaid, it shall lie on the prosecution to prove that the former wife or husband has been heard of as aforesaid.

428. (1.) Where, for the purposes of this Title, it is requisite to prove a former marriage of any person, it shall be requisite and sufficient to prove a marriage, wheresoever and howsoever celebrated, which would be admitted by the Court as a valid marriage for the purposes of any civil proceeding, or for the purposes of the administration or distribution of the effects of a person upon his decease.

(2.) In like manner, where a person accused of bigamy defends himself or herself on the ground of a divorce from a former wife or husband, any such divorce (and no other) shall be deemed sufficient as would be admitted by the Court as a valid divorce from the bond of marriage.

TITLE XXVIII.—PUBLIC NUISANCES.

*429. Whoever publishes or offers for sale any obscene obscene bock, book, writing, or representation, shall be liable to imprisonment for two years.

&c.

Illustrations.

(1.) A. publishes a book for the use of physicians or surgeons, or of persons seeking medical or surgical information. Whatever may be the subjects with which the book deals, if they are treated with as much decency as the subject admits, A. is not guilty of an offence against this section.

(2.) B. publishes extracts from the book mentioned in the last illustration, arranged or printed in such a manner as to give unnecessary prominence to indecent matters. If the Court or jury think that such publication is calculated unnecessarily and improperly to excite passion, or to corrupt morals, B. ought to be convicted.

* Triable by District Commissioner. See No. 14 of 1894, s. 16.

430. Whoever publicly and wilfully commits any grossly Indictablo. indecent act is guilty of a misdemeanor, and shall be liable, Gross in the discretion of the Court, to flogging or whipping in indecency. addition to or in lieu of imprisonment.

(See

8. 137 (32).)

crime.

(See 8.

431. If any two persons are guilty of unnatural con- Unnatural nexion, or if any person is guilty of unnatural connexion (S. 178.) with animal, every any such person shall be liable to imprisonment for ten years, and in the discretion of the Court, to flogging or whipping.

*432. Whoever keeps any common gaming-house shall Keeping be liable to imprisonment for one year.

common

gaming

house.

body, &c.

*433. Whoever unlawfully hinders the burial of the Hindering dead body of any person, or without lawful authority in burial of dead that behalf disinters, dissects, or harms the dead body of any person, or, being under a duty to cause the dead body of any person to be buried, fails to perform such duty, is guilty of a misdemeanor.

false news.

*434. Whoever, with intent to cause any public alarm Publishing or disturbance, publishes, or attempts to cause the publication of, any news or telegram which he knows or believes to be false, is guilty of a misdemeanor.

unwholesome

(See s. 126.)

*435. Whoever sells, or prepares or offers for sale, as Selling, &c., being fit for consumption as food or drink, anything food. which he knows or has reason to believe to be in such a condition, from putrefaction, adulteration, or other cause, as to be likely to be noxious to health, is guilty of a misdemeanor.

*436. Whoever, without lawful authority or excuse (the proof whereof shall lie on him), commits him), commits any of the following nuisances, namely,—

other interferences with

(1.) So carries on any noxious, offensive, or noisy public rights.
business at any place, or causes or permits any
noxious or offensive matter to be collected or
continue at any place, or so keeps any animals
at any place, as to impair or endanger the health
of the public inhabiting or using the neighbour-

* Triable by District Commissioner. See No. 14 of 1894, s. 16.

Indictable.

(See 8. 127.)

Explanation

as to carrying

trade, &c.

hood of such place, or as to cause material
damage to the lands, crops, cattle, or goods of
such public, or as to cause material interruption
to such public in their lawful business or oc-
cupations, or as to materially affect the value of
their property; or

(2.) So makes, keeps, or uses any explosive matter, or
any collection of water, or any other dangerous
or destructive thing, or any building, excava-
tion, open pit, or other structure, work, or place,
or so keeps any animal or permits it to be at
large, as to cause danger of harm or damage to
the persons or property of the public; or
(3.) Causes damage to, or any obstruction to the public
use of, any public way or work, or any navigable
water, or any well, spring, or reservoir, so as to
deprive the public of the benefit thereof; or
(4.) Corrupts or fouls the water of any public well,
tank, spring or reservoir,

shall be liable to fine, and shall, upon conviction for a con-
tinuance or repetition of any such offence, be liable to
imprisonment for six months.

Special Provisions.

437. The following provisions shall have effect with on of noxious respect to the nuisance of carrying on a noxious, offensive, or noisy business, at any place, or of causing or permitting noxious or offensive matter to be collected or continue at any place, or of keeping animals at any place as mentioned in this Title, namely,

(1.) "Business" includes not only any trade, manufacture, work, business, or occupation carried on for gain, but also any continued or frequent repetition of any act or series of acts of any kind; and

(2.) It is necessary, in order that a person may be punishable in respect of any such nuisance, that the prejudice or danger caused thereby should extend to persons inhabiting or occupying, under separate tenancies, not less than three houses or other tenements.

as to obstruction of

438.-(1.) A person shall not be deemed to be guilty, Indictable. within the meaning of this Title, of obstructing the public Explanation use of any public way or work by reason only of his being a party to any meeting or assembly assembled in, or upon public way. or near any public way or work, unless the purposes of such assembly are or include the obstruction of the public by force or threats or show of force.

(2.) "Obstruction" of the public use of a public way or work includes the making or using of any fetish or charm for the purpose of preventing any person from using such way or work.

TITLE XXIX.-SLAVE-DEALING.

*439. Whoever

(1.) Deals or trades in, buys, sells, barters, transfers,
or takes any slave; or

(2.) Deals or trades in, buys, sells, barters, transfers,
or takes any person in order that such person
may be held or treated as a slave; or

(3.) Places or receives any person in servitude as a
pledge or security for debt, whether then due
and owing or to be incurred or contingent,
whether under the name of a pawn or by what-
ever other name such person may be called; or
(4.) Conveys any person, or induces any person to
come, within the Colony in order that such
person may be dealt or traded in, bought, sold,
bartered, transferred or become a slave, or be
placed in servitude as a pledge or security for
debt; or

(5.) Conveys or sends any person, or induces any
person to go out of the Colony in order that
such person may be dealt or traded in, bought,
sold, bartered, transferred, or become a slave,
or be placed in servitude as a pledge or security
for debt; or

(6.) Enters into any contract or agreement with or
without consideration for doing any of the acts
or accomplishing any of the purposes herein
above enumerated; or

* Triable by District Commissioner. See No. 14 of 1894, s. 16.

Slave-dealing.

Indictable.

(7.) By any species of coercion or restraint compels or attempts to compel the service of any person, shall be liable to imprisonment for seven years. Provided that nothing in this section shall apply to any such coercion as may lawfully be exercised by virtue of contracts of service between free persons, or by virtue of the rights of parents and other rights, not being repugnant to the law of England, arising out of the family and tribal relations customarily used and observed in the Colony.

END OF VOL. I.
Ex. A..S.P
12/27/041.