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Island Act.

1853.

or otherwise, as to such court shall seem meet, and may respite 16 Vic.c. 15. the recognizances of the prosecutor and witnesses accordingly, in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence at such subsequent session, without entering into any fresh recognizance for that purpose.

30. In 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.

BRIT. [1853.]

[As to prosecutions by indictment or information for offences against

the customs' laws.]

16 & 17 VIC.

c. 107. British stat.

1853.

to be pre

commis

sioners, and

suits to be in the name of the

16 and 17 Vic. c. 107, sec. 301.] No indictment shall be pre- Indictment ferred for any offence against this or any other act or acts ferred by relating to the customs or excise, nor shall any suit be com- order of the menced for the recovery of any penalty or forfeiture for any such offence, except in the case of persons detained and carried before one or more justices in pursuance of such act or acts as attorney aforesaid, unless such indictment shall be preferred under the general or direction of the commissioners of customs or inland revenue, or cate, or of unless such suit shall be commenced in the name of her majesty's attorney-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,

U

lord advo

some officer.

c. 107.

1853. The attor

16 & 17 Vic or forfeiture incurred under this or any other act, relating to British stat. the customs or excise, her majesty's attorney general for England, 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 vocate may may be inexpedient to proceed in the said prosecution, may enter a nolle 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.

or lord ad

prosequi.

Indictments

or informations may De tried in

Scotland, or Ireland re

304. Any indictment, prosecution, or information which may be instituted or brought under the direction of the commissioners any county of customs, relating to the customs, shall and may be inquired in England, of, examined, tried, and determined in any county of England 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.

spectively.

XI. PLEADINGS.

c. 22.

8 GEO. IV. c. 22.] For improving the administration of 8 GEO. IV. criminal justice in this island. ISLD. [Dec. 21st, 1827.]

Island Act.

1827.

against abuses from

dilatory

8 Geo. IV. c. 22, sec. 7.] For preventing abuses from dilatory Proviso pleas, Be it enacted, That no indictment or information shall be abated by reason of any dilatory plea of misnomer or of want sham or of addition, or of wrong addition, of the party offering such pleas. 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 9 GEO, IV. of criminal justice in this island.

ISLD. [Dec. 24th, 1828.]

c. 19.

Island Act.

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 plea of "Not Guilty," he shall by such plea, without any further 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) See CONVICTIONS. (Post.)

c. 19.

9 GEO. IV. entered shall have the same force and effect as if such person Island Act. had actually pleaded the same.

1828.

No person an incom

petent wit

ness on

indictments

&c., by

reason of interest in

documents,

9. In any prosecution by indictment or information, either at common law, or by virtue of any act of this island, against any person for forging any deed, writing, or instrument, or other for forgery, matter whatsoever, or for uttering or disposing of any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged, or for being accessory before or after the fact to any such offence, if the same be a felony, or for aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor, no person shall be deemed to be an incompetent witness in support of any such prosecution by reason of any interest which such person may have or be supposed to have in respect of such deed, writing, instrument, or other matter.

&c.

16 VIC. c. 15. Island Act.

1853.

16 VIC. c. 15.] For further improving the administration of criminal justice. ISLD. [January 27th, 1853.]

16 Vic. c. 15, sec. 28.] In any plea of autre fois convict, or autre fois acquit, it shall be sufficient for any defendant to state that he has been lawfully convicted or acquitted (as the case may be) of the said offence charged in the indictment without setting out the same in any formal manner. (a)

(a) See 5 Vic. c. 48, secs. 3, 4. CERTIORARI. (Post.)

XII. AMENDMENTS.

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

ISLD. [December 20th, 1849.]

Island Act.

1849.

may be

when any

any writing,

13 Vic. c. 7, sec. 4.] Whereas a failure of justice frequently takes place in criminal trials, by reason of variances between writings produced in evidence, and the recital or setting forth thereof in the indictment or information, and the same cannot now be amended at the trial except in cases of misdemeanor: For remedy thereof, Be it enacted, That it shall and may be Indictments lawful for any court of oyer and terminer and general gaol amended delivery, and courts of quarter sessions, if such courts shall see variance fit so to do, to cause the indictment or information for any appears in offence whatever, when any variance or variances shall appear &c. between any matter in writing or in print produced in evidence and the recital or setting forth thereof, and the indictment or information whereon the trial is pending, to be forthwith amended in such particular or particulars by some officer of the court; and after such amendment, the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury or otherwise, as if no such variance or variances had appeared.

16 VIC. c. 15.] For further improving the administration of criminal justice. (a)

ISLD. [27th January, 1853.]

:

16 Vic. c. 15, sec. 1.] Whereas offenders frequently escape conviction in their trials by reason of the technical strictness of criminal proceedings in matters not material to the merits of the case: And whereas such technical strictness may safely be relaxed in many instances, so as to ensure the punishment of the guilty, without depriving the accused of any just means of defence. And whereas, a failure of justice often takes place on the trial of persons charged with felony and misdemeanor by reason of variances between the statement in the indictment on which the trial is had, and the proof of names, dates, matters, and circumstances therein mentioned, not material to the merits of the case, and by the mis-statement whereof the person on trial cannot have been prejudiced in his defence: Be it therefore enacted, That from and after the passing of this act, whenever on the

(a) Sec. 4 of 13 Vic. c. 7 (supra), is virtually superseded by this act.

16 Vic. c. 15. Island Act.

1853.

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