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IV. c. 34.

British stat.

1832.

court before which the bill of indictment shall be returned as 2 & 3 WILL. found, shall forthwith proceed to try the person against whom the same is found, unless such person or the prosecutor shall show good cause, to be allowed by the court, for the postponement of the trial: Provided always, that the rights and liabilities of persons indicted under this act in Scotland so far as relates to the postponement or time of trial, shall remain and be dealt with in the same manner as in the cases of all other persons indicted for crime in that country.

6 and 7 WILL. IV. c. 114.] For enabling persons indicted of 6 & 7 WILL. felony to make their defence by counsel or attorney.

BRIT. [20th August, 1836.]

6 and 7 Wm. IV. c. 114, sec. 3.] All persons who shall be held to bail or committed to prison for any offence against the law, shall be entitled to require and have on demand (from the person who shall have the lawful custody thereof, and who is hereby required to deliver the same) copies of the examinations of the witnesses respectively, upon whose depositions they have been so held to bail or committed to prison on payment of a reasonable sum for the same not exceeding one penny half-penny, for each folio of ninety words: Provided always, that if such demand shall not be made before the day appointed for the commencement of the assize or sessions at which the trial of the person on whose behalf such demand shall be made is to take place, such person shall not be entitled to have any copy of such examinations of witnesses, unless the judge or other person so to preside at such trial shall be of opinion that such copy may be made and delivered without delay or inconvenience to such trial, but it shall nevertheless be competent for such judge or other person so to preside at such trial if he shall think fit to postpone such trial on account of such copy of the examination of witnesses not having been previously had by the party charged.

IV. c. 114. British stat.

1836.

7 WILL. IV. c. 41.] For consolidating and amending the laws 7 WM. IV. in this island relative to offences against the person.

C. 41.

Island Act.

ISLD. [4th March, 1837.] 1837.

indicted

indictment.

7 Will. IV. c. 41, sec. 32.] Any person, when put on his Persons arraignment, on any bill of indictment for petit treason or felony, may demand may demand, and the clerk of the crown or his deputy is hereby a copy of required to furnish, a true copy thereof; and the arraignment of such person, if he require it, shall be postponed until he or they shall have received such copy of indictment.

7 WM. IV. & 1 Vic.

c. 36.

7 WILL. IV. and 1 VIC. c. 36.] For consolidating the law relative to offences against the post-office of the United Kingdom, British stat and for regulating the judicial admininistration of the post-office

1837.

Property

sent by the post to be laid in the

postmastergeneral.

laws.

BRIT. [12th July, 1837.]

7 Will. IV, and 1 Vic. c. 36, sec. 40.] In every case where an offence shall be committed in respect of a post letter bag, or a post letter, or a chattel, money, or a valuable security sent by the post, it shall be lawful to lay in the indictment or criminal letters to be preferred against the offender the property of the post letter bag, or of the post letter, chattel, or money, or the valuable security sent by the post in the postmaster general; and it shall not be necessary in the indictment or criminal letters to allege or prove upon the trial or otherwise that the post letter bag, or any such post letter, or valuable security was of any value; and in any indictment, or in any criminal letters to be preferred against any person employed under the post office for any offence committed against the post office acts, it shall be lawful to state and allege that such offender was employed under the post office of the United Kingdom at the time of the committing of such offence, without stating further the nature or particulars of his employment.

1 VIC. c. 28. Island Act.

1838.

Former conviction, how

1 VIC. c. 28.] To amend the criminal law.

ISLD. [24th March, 1838.]

1 Vic. c. 28, sec. 16.] In any indictment against any offender to be stated. for being found at large, contrary to the provisions of this, or of any other act now made or hereafter to be made; and also in indictment against any person who shall rescue, or attempt to rescue or assist in rescuing, any such offender from custody; or who shall convey or cause to be conveyed, any disguised instrument for effecting escape, or arms to any such offender, contrary to the provisions of this or of any other act now made or hereafter to be made, it shall be sufficient to charge and allege the order made for the transportation or banishment of such offender, by a certificate of such fact signed by the secretary of the governor, or the person performing the functions of governor for the time being, without charging or alleging any indictment, trial, conviction, judgment, or sentence, or any pardon or in4 Vic. c. 22. tention of mercy, or signification thereof, or against, or in any manner relating to, such offender.

Certified

copy of

17. The clerk of the court, or other officer having the custody of the records of the court where such sentence or order of transtence to be portation or banishment shall have been passed, or the governor's

former sen

Island Act.

1838.

evidence of

secretary shall, at the request of any person on her majesty's 1 Vic. c. 28. behalf, make out and give a certificate in writing signed by him, containing the effect and substance only (omitting the formal part) of every indictment and conviction of such offender, and of received as the sentence or order for his or her transportation or banishment, conviction. which certificate shall be sufficient evidence of the conviction and sentence or order for the transportation or banishment of such offender; and every such certificate if made by the clerk or officer of any court in this island, or by the governor's secretary, shall be received in evidence upon proof of the signature and official character of the person signing the same.

3 and 4 VIC. c. 96.] For regulating the duties of postage.

BRIT. [August 10, 1340.]

3 & 4 VIC. c. 96. British stat.

1840.

cution of

3 and 4 Vic. c. 96, sec. 66.] For the more effectual prosccution of offences committed against the post-office, Be it en- For proseacted, That in any indictment or criminal letters for any offence offences. committed upon, or in respect of, any property which may be laid in or stated to belong to the postmaster-general, it shall te sufficient to state such property to belong to and lay it in "Her Majesty's postmaster-general;" and it shall not be necessary to specify the name, or addition of any such postmaster-general; and that whenever, in any indictment or criminal letters, for any offence committed against the post-office acts, it shall be necessary to mention, for any purpose whatever, her majesty's postmaster-general; it shall be sufficient to describe such postmaster-general, as "her majesty's postmaster-general," without any further or other name, addition, or description, whatsoever.

4 VIC. c. 22.] For the more effectual prosecution and punish- 4 Vic. c. 22. ment of persons guilty of perjury or subornation thereof.

Island Act.

ISLD. [11th December, 1840.] 1840.

perjury, it is

set forth the

the offence,

4 Vic. c. 22, sec. 2.] In every information, or indictment, to In indictbe prosecuted against any person for wilful and corrupt perjury, ments for it shall be sufficient to set forth the substance of the offence sufficient to charged upon the defendant, and by what court, or before whom substance of the oath was taken (averring such court, or person or persons, &c., without to have a competent authority to administer the same), together full recitals, with the proper averment or averments, to falsify the matter or matters wherein the perjury or perjuries is or are assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceedings, either in

&c.

Island Act.

4 Vic. c. 22. law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, any law, usage, or custom to the contrary notwithstanding.

1840.

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3. In every information or indictment for subornation of perjury, or for corrupt bargaining, or contracting with others to commit wilful corrupt perjury, it shall be sufficient to set forth the substance of the offence charged upon the defendant without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed; any law, usage, or custom, to the contrary notwithstanding. (a)

7 & 8 VIC. c. 2.

7 and 8 VIC. c. 2.] For the more speedy trial of offences comBritish stat. mitted on the high seas. BRIT. [5th March, 1844.]

1844.

Venue in indictments.

7 and 8 Vic. c. 2, sec. 2.] In all indictments preferred before the justices and commissioners under this act, the venue laid in the margin shall be the same as if the offence had been committed in the county where the trial is had; and all material facts which, in other indictments would be averred to have taken place in the county where the trial is had, shall, in indictments prepared and tried under this act, be averred to have taken place on the high seas.

11 VIC. c. 28. Island Act.

1847.

11 VIC. c. 28.] As to insolvent debtors.

ISLD. [December 28, 1847.]

11 Vic. c. 28, sec. 81.] In every indictment or information against any person for any offence under this act, it shall be sufficient to set forth the substance of the offence charged on the defendant, without setting forth the application for discharge, or schedule, order for hearing, adjudication, order of discharge or remand, or any warrant, rule, order, or proceeding of or in the said court, except so much of the schedule of such insolvent as may be necessary for the purpose. (b)

(a) Vide 16 Vic. c. 5. sec. 20. (Post.)

(b) This act expired on the 31st of

December, 1852, but revived and continued in force by 16 Vic. c. 40, to 31st of December, 1853.

Island Act.

13 VIC. c. 7.] For the removal of defects in the administration 13 Vic. c. 7. of criminal justice.

ISLD. [December 20, 1849.]

1849.

feloniously

may be

for stealing.

13 Vic. c. 7, sec. 3.] Whereas, according to the present practice of courts of criminal jurisdiction, it is not permitted, in an indictment for stealing property, to add a count for receiving the same property knowing it to have been stolen, or in an indictment for receiving stolen property, knowing it to have been stolen, to add a count for stealing the same property, and justice is hereby often defeated: Be it therefore enacted, That A count for in every indictment for feloniously stealing property, it shall be receiving lawful to add a count for feloniously receiving the same pro- added to an perty, knowing it to have been stolen; and in any indictment indictment for feloniously receiving property, knowing it to have been stolen, it shall be lawful to add a count for feloniously stealing the same property: and where any such indictment shall have been preferred and found against any person, the prosecutor shall not be put to his election, but it shall be lawful for the jury, who shall try the same, to find a verdict of guilty, either of stealing the property, or of receiving it knowing it to have been stolen; and if such indictment shall have been preferred and found against two or more persons, it shall be lawful for the jury, who shall try the same, to find all or any of the said persons guilty, either of stealing the property, or of receiving it knowing it to have been stolen; or to find one or more of the said persons guilty of stealing the property, and the other or others of them guilty of receiving it knowing it to have been stolen.

13 and 14 VIC. c. 93.] For improving the condition of seamen 13 & 14 Vic. and maintaining discipline in the merchant service.

c. 93.

British stat.

BRIT. [14th August, 1850.] 1850.

ors to be

tion or in

13 and 14 Vic. c. 93, sec. 107.] All misdemeanours mentioned Misdemean or created by this act may be prosecuted by information at the prosecuted suit of her majesty's attorney general, or by indictment, or by by informa such other legal proceeding as is applicable in the like cases, in dictment. any court having appropriate criminal jurisdiction in any of her majesty's dominions, and shall be punishable with fine or imprisonment with or without hard labour, or both, as such court may think fit, and the court may, if it shall think fit, order payment of the costs and expenses of the prosecution.

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