Island Act. 1853. 16 Vic.c. 45. trial of any indictment for any felony or misdemeanour there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof in the name of any county, city, parish, township, or place, mentioned or described in any such indictment, or in the name or description of any person or persons, or body politic, or corporate, therein stated, or alleged to be the owner or owners of any property real or personal which shall, from the subject of any offence charged therein, or in the name or description of any person or persons, body politic, or corporate therein stated or alleged to be injured or damaged, or intended to be injured or damaged, by the commission of such offence, or in the Christian name or surname, or both Christian name or surname or other description whatsoever, of any person or persons whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, it shall and may be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case and that the defendant cannot be prejudiced thereby in his defence in such merits, to order such indictment to be amended according to the proof by some officer of the court, or other person both in that part of the indictment where such variance occurs, and in every other part of the indictment which it may become necessary to amend, on such terms as to postponing the trial, to be had before the same or another jury, as such court shall think reasonable, and after any such amendment the trial shall proceed whenever the same shall be proceeded with in the same manner in all respects and with the same consequences both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred, and in case such trial shall be had at nisi prius the order for the amendment shall be endorsed on the record, and returned together with the record, and thereupon such papers, rolls, or other records of the court from which such record issued, as it may be necessary to amend, shall be amended accordingly by the proper officer; and in all other cases the order for the amendment shall either be endorsed on the indictment, or shall be endorsed and filed together with the indictment among the records of the court: Provided, That in all such cases where the trial shall be so postponed as aforesaid it shall be lawful for such court to respite the recognizances of the prosecutor and witnesses, and of the defendant, and his surety or sureties, if any, accordingly, in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence respectively, and the defendant shall be bound to attend to be tried at the time and place to which such trial shall be postponed, without entering into any fresh recognizances for that purpose, in such and the same manner as if they were originally bound by their recognizances to appear and prosecute, or give evidence, at the time and place to which such trial shall have been so Island Act. postponded: Provided also. That where any such trial shall be 16 Vic. c. 15. to be had before another jury the crown and the defendant shall respectively be entitled to the same challenges as they were respectively entitled to before the first jury was sworn. 2. Every verdict and judgment which shall be given after the making of any amendment, under the provisions of this act, shall be of the same force and effect, in all respects as if the indictment had originally been in the same form in which it was after such amendment was made. 3. If it shall become necessary at any time for any purpose whatsoever, to draw up a formal record in any case where any amendment shall have been made under the provision of this act, such record shall be drawn up in the form in which the indictment was after such amendment was made, without taking any notice of the fact of such amendment having been made. 1853. 6 HENRY VIII. c. 6. XIII. TRIALS AND EVIDENCE. 6 HEN. VIII. c. 6.] For the remitting prisoners with their Engl. stat. indictments to the places where the crimes were committed. ENGL. [1514.] 1514. Bench may remit prisoners into the county 6 Hen. VIII. c. 6.] Where divers felons and murtherers, upon feigned and untrue surmises, have oftentimes removed, as well their bodies as their indictments, by writ and otherwise, before the king in his bench, and cannot by the order of the law be remitted and sent down to the justices of gaol-delivery, or of the peace, ne other justices, ne commissioners, to proceed upon them after the Justices of course of the common law: Be it therefore ordained and enacted, That the King's the justices of the king's bench for the time being have full authority and power, by their discretions, to remand and send down, as well the bodies of all felons and murtherers brought or removed or that shall be removed or brought, before the king in his bench, as their indictments, into the counties where the same murthers or felonies have been committed and done; and to command all justices of gaol-delivery, justices of peace, and all other justices and commissioners, and every of them, to proceed and determine upon all the aforesaid bodies and indictments so removed, after the course of the common law, in such manner as the same justices of goal-delivery, justices of the peace, and other commissioners, or any of them might or should have done if the said prisoners or indictments had never been brought into the said king's to be tried. bench. 22 HENRY VIII. c. 14. Engl. stat. 1530. Trial of foreign pleas. No person 22 HEN. VIII. c. 14.] For abjurations and sanctuaries. (a) ENGL. [1530.] 22 Hen. VIII. c. 14, sec. 5.] For more speedy trials of murders and felonies, Be it enacted, That all manner of foreign pleas triable by the country, to be pleaded by any person or persons arraigned upon any indictment for any petit treason, murder,or felony, shall be forthwith tried before the same justices afore whom such person shall be arraigned, and by the same jurors of the same county that shall try the petit treason, murder, or felony whereof he shall be so arraigned, without any farther respite or delay, in whatsoever county or counties, place or places of this realm, the matter of the same pleas be supposed or alledged. 6. No person arraigned for any petit treason, murder, or arraigned felony, be from henceforth admitted to any peremptory challenge lenge above above the number of xx. may chal xx. (a) Made perpetual by 32 Henry VIII. c. 3. & MARY. 1 and 2 PHILIP and MARY, c. 10.] Whereby certain offences be 1 & 2 PHIL. made treasons. ENGL. [1554.] c. 10. Engl. stat. 1554. respecting 1 and 2 Philip and Mary, c. 10, sec. 12.] In all cases of high For further treason concerning coin current within this realm, or for counter-provisions feiting the king or queen's signet, privy seal, great seal, or sign treason. manual, such manner of trial and none other shall be observed and kept as heretofore hath been used by the common laws of this realm; any law, statute, or any other thing or things to the contrary notwithstanding. 7 and 8 WILL. III. c. 3.] For regulating of trials in cases of 7 & 8 WILL treason and misprision of treason. ENGL. [1695.] to III. c. 3. Engl. stat 1695. treason but of two wit 7 and 8 Will. III. c. 3, sec. 2.] No person or persons what- No person soever shall be indicted, tried, or attainted of high treason, for high whereby any corruption of blood may or shall be made to any on the oath such offender or offenders, or to any the heir or heirs of any such nesses. offender or offenders, or of misprision of such treason, but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one, and the other of them to another overt act of the same treason, unless the party indicted, and arraigned, or tried, shall willingly, without violence, in open court, confess the same, or shall stand mute, or refuse to plead, or in cases of high treason shall peremptorily challenge above the number of thirty-five of the jury; any law, statute, or usage to the contrary notwithstanding. Persons in but have 3. Any person or persons being indicted as aforesaid for any dicted may of the treasons, or misprision of the treasons aforesaid, may be be outlawed, outlawed, and thereby attainted of or for any of the said offences benefit of of treason or misprision of treason, and in cases of the high this act. treasons aforesaid, where by the law, after such outlawry, the party outlawed may come in and be tried, he shall, upon such trial have the benefit of this act. 8. No evidence shall be admitted or given of any overt act Evidence. that is not expressly laid in the indictment against any person or persons whatsoever. twelve freeholders. 10. By the good laws of this kingdom in cases of trials of Jury of commoners for their lives a jury of twelve freeholders must all agree in one opinion before they can bring a verdict either for acquittal or condemnation of the prisoner. 7 & 8 WILL. III. c. 3. 30. Provided always, That this act nor any thing therein conEngl. stat. tained shall any ways extend to any indictment of high treason nor to any proceedings thereupon for counterfeiting his majesty's coin, his great seal or privy seal, his sign manual or privy signet. 1695. Not to extend to counterfeiting the coin, &c. 12 GEO. II. c. 20. 12 GEO. III. c. 20.] For the more effectual proceeding against British stat. persons standing mute on their arraignment for felony or piracy. BRIT. [1772.] 1772. Persons arraigned, standing be con victed. 12 Geo. III. c. 20, sec. 1.] For more effectual proceeding against persons standing mute on their arraignment for felony, or piracy, Be it enacted, That if any person, from and after the passing of this act, being arraigned on any indictment, or appeal for felony, mute, shall or on any indictment for piracy, shall, upon such arraignment, stand mute, or will not answer directly to the felony, or piracy, such person so standing mute, as aforesaid, shall be convicted of the felony or piracy charged in such indictment or appeal; and the court before whom he shall be so arraigned shall thereupon award judgment and execution against such person, in the same manner as if such person had been convicted by verdict or confession of the felony, or piracy, charged in such indictment or appeal; and such judgment shall have all the same consequences in every respect as if such person had been convicted by verdict or confession of such felony or piracy, and judgment had been thereupon awarded. 2. The provisions of this act shall extend to his majesty's colonies and plantations in America. 3 GEO. IV. c. 19. 9 GEO. IV. c. 19.] For further improving the administration Island Act. of criminal justice in the island. 1828. If any prosecution by indict formation person for ISLD. [December 24, 1828.] 9 Geo. IV. c. 19, sec. 10.] In any prosecution by indictment or information, either at common law or by virtue of any act of ment or in this island, against any person for forging any deed, writing, against any instrument, or other matter whatsoever, or for uttering or disforging any posing of any deed, writing, instrument, or other matter whatsoever, knowing the same to be forged, or for being accessary, 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 misdemeanour, no person shall be deemed to be an incompetent witness in support of any deed, &c. |