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him in order that some part of the value thereof should be jJ^JSrVi* returned to the party delivering the same, or to any other person v^-v^< and with part shall have been returned accordingly. 1853'
21. In every indictment for perjury, or for unlawfully, wilfully, „,,„" ^V falsely, fraudulently, deceitfully, maliciously, or corruptly taking, gj*1^^. making, signing, or subscribing any oath, affirmation, declaration, vit, tc, affidavit, deposition, bill, answer, notice, certificate, or other MUorth' '° writing, it shall be sufficient to set forth the substance of the 8u,"!tailM"' offence charged upon the defendant, or by court, or before whom the oath, affirmation, declaration, affidavit, deposition, bill, ?"«wh
offence charged upon the defendant, or by court, or before whom °y »' the oath, affirmation, declaration, affidavit, deposition, bill, fo^'v answer, notice, certificate, or other writing was taken, made, iS^uken
withou', M ting forth
signed, or subscribed without setting forth the bill, answer, withou'-Mt
informa'tion, indictment, declaration, or any part of any pro- any part of ceeding either in law or in equity, and without setting forth the ll"mmmil commission or authority of the court or person before whom such "ourtftc."' offence was committed.
22. In any indictment for subornation of perjury, or for corrupt bargaining, or contracting with any person to commit wilful and corrupt perjury, or for inciting, causing, or procuring any person unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously or corruptly to take, make, sign, or subscribe any oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient whereever such perjury or other offence aforesaid shall have been actually committed, to allege the offence of the person who actually committed such perjury or other offence in the manner hereinbefore mentioned, and there to allege that the defendant unlawfully, wilfully, and corruptly, did cause and procure the said person, the said offence in manner and form aforesaid, to do and commit, and wherever such perjury or other offence aforesaid shall not have been actually committed, it shall be sufficient to set forth the substance of the offence charged upon the defendant without setting forth or averring any of the matters or things hereinbefore rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury.
23. A certificate containing the substance and effect only committing the formal part of the indictment and trial for any felony or misdemeanor purporting to be signed by the clerk of the court or other officer having the custody of the records of the court where such indictment was tried, or by the deputy of such clerk or other officer (for which certificate a fee of 6*. 8rf. and no more should be demanded or taken), shall upon the trial of any indictment for perjury or subornation of perjury be sufficient evidence of the trial of such indictment for felony or misdemeanor, without proof of the signature or official character of the person appearing to have signed the same.
16 Vnxc. 15.
24. It shall not be necessary to state any venue in the body of any indictment, but the county, parish, or other jurisdiction named in the margin thereof, shall be taken to be the venue for all the facts stated in the body of such indictment, Provided that in cases where local description is or hereafter shall be required, sueh local description shall be given in the body of the indictment.
25. No indictment for any offence shall be held insufficient
No indict* f`or want of the averment of' any matter unnecessary to be proved, ,D
ment insufficient for not lverring matter unnecessary to be proved, nor fur omission, &c., of cer
e en before jury sworn, and court may amend indlclment
nor for the omission of the words “as appears by the record, or of the \V0l'(lS “ with force and arms,” or of the words “against the peace,” nor for the insertion of the words “against the form of' the statute,” instead of “against the form of' the statutes” or vice verszi, nor for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of' his proper name, nor f`or omitting to state the time at which the offence was committed; in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding ofthe indictment, or on an impossible day, or on a day that never happened, nor for want ofa proper or perfect venue, nor for want of' a proper or formal conclusion, nor for want of' or imperfeetion in the addition of' any defendant, or for want of the statement of the value or price of any matter or thing, or the amount of' damage, injury, or spoil, in any case where the value or price or the amount of damage, injury, or spoil is not of the essence of the offence. ta)
26. Every objection to any indictment for any formal defect apparent on the face thereof' shall be taken by demurrer or motion to quash such indictment before the jury shall be sworn and not afterwards, and every court before which any such objection shall be taken for any formal defect may, if it be thought necessary, cause the indictment to be forthwith amended in such particular by some officer of the court or other person,
and proceed and thereupon the trial shall proceed as if no such defect had t trial as if .ff,.i¢aa. appeared
No traverse of indictment, Arc., allowed.
Court may Adjourn trial upon terms, and respite recognizances, and no fresh recognizsnces necessary.
27. No person prosecuted shall be entitled to traverse or postpone the trial of any indictment found against him at any session of’ the peace, session of' oyer and terminer or gaol delivery, Provided always, that if the court upon the application of' the person so indicted or otherwise shall be of opinion that he ought to be allowed a further time either to prepare for his defence or otherwise, such court may adjourn the trial of such person to the next subsequent session upon such terms as to bail
(a) This sec. 24 is nearly atranscript 22,sec 8, which may therefore be held in words of a previous act, 8 Geo. IV. c. superseded by this act.
or otherwise, (is to such court shall seem meet, and may respite iflvic.cis. the recognizances of the prosecutor and witnesses accordingly, ^^~^^^y in which case the prosecutor and witnesses shall be bound to i853 attend to prosecute and give evidence at such subsequent session, without entering into any fresh recognizance for that purpose. *
30. Iu the construction of this act the word " indictment" shall be understood to include "information," "inquisition," and "presentiment," as well as indictment, and also any "plea," replication, or other pleading, and any nisi prius record; and the terms "finding of the indictment," shall be understood to include the taking of an inquisition, the exhibiting of an information, and the making a presentment: and wherever in this act in describing or referring to any person or party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include, and shall be applied to several persons and parties, as well as one person or party, and females as well as males, and bodies corporate as well as individuals, and several matters and things as well as one matter or thing; and the word "property" shall be understood to include "goods," chattels, money, valuable securities, and every other matter or thing, whether real or personal, upon or with respect to which any offence may be committed.
16 and 17 Vic. c. 107.] The customs' consolidation act.
[As to prosecutions by indictment or information for offences against the customs' laws.~\
16 and 17 Vic. c. 107, sec. 301.1 No indictment shall be pre- indictment ferred for any offence against this or any other act or acts le^/by' relating to the customs or excise, nor shall any suit be com-order of the menccd for the recovery of any penalty or forfeiture for any eioncm, »nd such offence, except in the case of persons detained and carried fn'tbenime before one or more justices in pursuance of such act or acts as °(tl0h° aforesaid, unless such indictment shall be preferred under the general or direction of the commissioners of customs or inland revenue, or ate.Vor unless such suit shall be commenced in the name of her majesty's 80mcofficorattorney-general for England or Ireland, or in the name of the lord advocate of Scotland, or in the name of some officer of customs or excise under the direction of the said commissioners respectively.
302. In any prosecution for recovery of any fine, penalty,
16 * J?v,c or forfeiture incurred under this or any other act, relating to British jut. the customs or excise, her majesty's attorney general for Eng'land, her majesty's attorney general for Ireland, or the lord advocate of Scotland, if satisfied that such fine, penalty, or forney general feiture was incurred without any intention of fraud, or that it
or lord ad- . .. x . . . - .
vocatemay may be inexpedient to proceed in the said prosecution, may prMfjut""' enter a nolle prosequi, or otherwise, on such information, as well with respect to the share of such fine, penalty, or forfeiture, to which any officer or officers may be entitled, as to the queen's share thereof.
indictrnenu 394. Any indictment, prosecution, or information which may
or informa- ... i . l i I a- • ni ••
tions may be instituted or brought under the direction or the commissioners
tnyrounty of customs, relating to the customs, shall and may be inquired
scoHand'oV °£ examined, tried, and determined in any county of England
Ireland re- when the offence is committed in England, and in any county of
Scotland when the offence is committed in Scotland, and in
any county in Ireland when the offence is committed in Ireland,
in such manner and form as if the offence had been committed
in the said county where the said indictment or information
shall be tried. XL Pleadings.
8 Geo. IV. c. 22.] For improving the administration of 80*°-*v criminal justice in this island. nundAci.
Isld. [Dec. 21st, 1827.] ^"^^
8 Geo. TV. c. 22, sec. 7.] For preventing abuses from dilatory Proviso pleas, Be it enacted, That no indictment or information shall be Xi""'from abated by reason of any dilatory plea of misnomer or of want J^TM or of addition, or of wrong addition, of the party offering such p'«a» plea, if the court shall be satisfied by affidavit or otherwise of the truth of such plea: but, in such case, the court shall forthwith cause the indictment or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea had been pleaded.
9 Geo. IV. c. 19.] For further improving the administration »gk>. Iv. of criminal justice in this island. island Act.
Isld. [Dec. 24th, 1828.] "~^~
9 Geo. IV. c. 19, sec. 1.] Whereas trials for criminal offences Preamble. in this island are attended with some forms which impede the due administration of justice, and it is therefore expedient to abolish such forms, and also to abolish the benefit of clergy, and to make better provision for the punishment of offenders in certain cases, and that in prosecutions for forgery the party interested should be rendered a competent witness, and that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all criminal cases, Be it therefore enacted, That if any person, being arraigned upon any indictment for treason, felony, or piracy, shall plead thereto a
filea of "Not Guilty," he shall by such plea, without any urther form, be deemed to have put himself upon the country for trial, and the court shall in the usual manner order a jury for the trial of such person accordingly.
2. If any person being arraigned upon or charged with any indictment or information for treason, felony, piracy, or misdemeanor, shall stand mute of malice, or will not answer directly to the indictment or information, it shall be lawful for the court, if it shall so think fit, to order the proper officer to enter a plea of " Not Guilty" on behalf of such person; and the plea so
(a) Sec Convictions. (Post.)