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14 Vic. c. 48.

14 VIC. c. 48.] For preventing embezzlements by persons Island Act. employed in the public service. (a)

1851.

Different

acts of em

bezzlement charged in

inay be

dictment.

ISLD. [23rd May, 1851.]

14 Vic. c. 48, sec. 3.] It shall be lawful to charge in the indictment to be preferred against any offender under this act, and to proceed against him for any number of distinct acts of embezthe same in- zlement, or of fraudulent application or disposition [of any chattel, money, or valuable security] not exceeding three, which may have been committed by him within the space of six calendar months from the first to the last of such acts; and in every such indictment where the offence shall relate to any money or other valuable security, it shall be sufficient to allege the embezzlement or fraudulent application or disposition to be of money without specifying any particular cause or valuable security; and such allegation, so far as it regards the description of the property, shall be sustained if the offender shall be proved to have embezzled any amount, although the particular species of coin or valuable security of which such amount was composed As to allega. shall not be proved; or if he shall be proved to have embezzled proof of the any piece of coin or any valuable security or any portion of the value thereof, although such piece of coin or valuable security may have been delivered to him, in order that some part of the value thereof should be returned to the party delivering the same, and although such part shall have been returned accordingly.

tion and

property embezzled.

Property to

be described as the queen's.

4. In every such case of embezzlement or fraudulent application or disposition, as aforesaid, of any chattel, money, or valuable security, it shall be lawful, in the order of committal by the justice of the peace before whom the offender shall be charged, and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security, as aforesaid, in the queen's majesty, her heirs and successors.

14 & 15 VIC.

14 and 15 VIC. c. 79.] As to steam navigation, and to the boats British stat. and lights to be carried by sea-going vessels.

c. 79.

1851.

Indictment

to be pre

ferred by

the board of

trade or of

BRIT. [7th August, 1851.]

14 and 15 Vic. c. 79, sec. 41.] No indictment shall be preferred for any offence against this act, unless under the direction of the direction of lords of the said committee or of the commissioners of her majesty's customs, and no suit or proceeding shall be commenced for the recovery of any penalty or forfeiture for any such offence, except where such penalty or forfeiture is made payable to the owner of a vessel, and, except in any other cases in which directions to the contrary are herein before contained,

commissioner of customs.

(a) See EMBEZZLEMENT. (Post.)

c. 79.

1851.

unless in the name of some public officer under the direction of 14 & 15 Vrc. the lords of the said committee or of the said commissioners British stat. respectively; and in any indictment preferred, or suit, or proceeding instituted under this act the averment that the lords of the said committee or the commissioners of her majesty's customs have directed the same to be preferred or instituted shall be sufficient proof of the fact unless the contrary is shown.

Island Act.

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

1853.

of murder

not neces

forth means

16 Vic. c. 15, sec. 4.] In any indictment for murder or man- In any case slaughter preferred after the coming of this act into operation, and it shall not be necessary to set forth the manner in which, or slaughter, the means by which, the death of the deceased was caused, but sary to set it shall be sufficient in every indictment for murder, to charge that the defendant did feloniously, wilfully, and of his malice, but in case afore-thought, kill and murder the deceased; and it shall be of murder, sufficient in every indictment for manslaughter to charge the did felonidefendant did feloniously kill and slay the deceased.

thought, kill, &c., and in manslaughter, that he did feloniously kill, &e.

or manner

that accused

ously, and with malice afore

ment for forgery, &c.,

sufficient to instrument by which it common

describe the

5. In any indictment for forging, uttering, stealing, embez- In indictzling, destroying, or concealing, or for obtaining by false pretences any instrument, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac-simile thereof, or otherwise describing the same or the value thereof. setting forth a fac-simile or value.

in the name

is commonly

its purport, without

ment for en

the unlawful

of plate,&c.,

6. In any indictment for engraving or making the whole, or In indictany part, of any instrument, matter, or thing whatsoever, or for graving.&c., using or having the unlawful possession of any plate or other or having material, upon which the whole or any part of any instrument, possession matter, or thing whatsoever shall have been engraved, or made it is suffior for having the unlawful possession of any paper upon which describe the whole or any part of any instrument, matter, or thing what- them in the soever shall have been made or printed, it shall be sufficient to are generdescribe such instrument, matter, or thing, by any name or by, without designation, by which the same may be usually known, without setting forth setting out any copy or fac-simile of the whole or any part of such instrument, matter, or thing.

name they

ally known

a fac-simile.

ment in in

7. In all other causes wherever it shall be necessary to make In an averany averment in any indictment as to any instrument, whether dictment as

strument, wholly or in part, in writing, print, &c., sufficient to describe it by the usual name, or its purport, without setting forth a fac-simile.

to any in

Island Act.

1853.

16 Vic. c. 15. the same consists wholly, or in part, of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac-simile of the whole or any part thereof.

In case of forgery or obtaining

false pre

sufficient to

prove the

8. From and after the passing of this act it shall be sufficient in any indictment for forging. uttering, offering, disposing of, Property by or putting off, any instrument whatsoever, or for obtaining, or tences, &c., attempting to obtain, any property by false pretences, to allege allege and that the defendant did the act, with intent to defraud, without alleging the intent of the defendant to be to defraud any particular person; and on the trial of any of the offences in this section mentioned, it shall not be necessary to prove an intent proving the on the part of the defendant to defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged with an intent to defraud.

accused in

tended to defraud, without

stating or

particular

person.

Accessaries

or receivers may be charged

with substantive

15. And whereas it frequently appears that the principal in a felony is not in custody or amenable to justice, although several accessaries to such felony or receivers at different times of stolen felonies in property, the subject of such felony may be in custody or amenable to justice, for the prevention of several trials, Be it enacted, That any number of such accessaries or receivers as may be charged with substantive felonies in the same indictment, cluded, &c. notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice.

ment, although the principal

felon may not be in

Several counts may be inserted

in the same

against

for distinct

16. It shall be lawful to insert several counts in the same indictment indictment against the same person for any number of distinct same person acts of stealing not exceeding three, which may have been acts of lar- committed by him against the same person within the space of six calendar months from the first to the last of such acts, and threel com- to proceed thereon for all or any of them.

ceny [not exceeding

mitted

within six

months against

same person.

of money,

treasury or

need only be

as money, without

18. In every indictment in which it shall be necessary to make any averment as to any money or any note of the treasury of Averments this island, or any bank of this island, it shall be sufficient to describe such money, or treasury, or bank note, simply as money, bank note, without specifying any particular coin, or treasury, or bank note, described and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin further spe- or of any treasury, or bank note, although the particular species and in case of coin of which such amount was composed, or the particular of embezzle- nature of the treasury or bank note shall not be proved, and in the proof of cases of embezzlement and obtaining money, or treasury, or portion is bank note by false pretences, proof that the offender embezzled although or obtained any copy, piece of coin, or any treasury, or bank part of the note, or any portion, or the value thereof, although such piece turned. of coin, or treasury, or bank note, may have been delivered to

cification,

ment, &c.,

taking any

sufficient,

value is re

Island Act.

him in order that some part of the value thereof should be 16 Vic. c. 15. returned to the party delivering the same, or to any other person and with part shall have been returned accordingly.

1853.

In indict

, ment for

false affida

sufficient to

set forth

offence, and

court, or be

21. In every indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly taking, perjury or making, signing, or subscribing any oath, affirmation, declaration, vit, &c., affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the substance of offence charged upon the defendant, or by court, or before whom by what the oath, affirmation, declaration, affidavit, deposition, bill, fore whom answer, notice, certificate, or other writing was taken, made, &c, taken, signed, or subscribed without setting forth the bill, answer, information, indictment, declaration, or any part of any pro- any part of ceeding either in law or in equity, and without setting forth the commission or authority of the court or person before whom such so, of 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 herein before 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 herein before 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 6s. 8d. 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.

affidavit,

without set

ting forth

proceeding

or commis

court, &c.

16 VIC. c. 15.

1853.

No venue

24. It shall not be necessary to state any venue in the body Island Act. of any indictment, but the county, parish, or other jurisdiction named in the margin thereof, shall be taken to be the venue for necessary in all the facts stated in the body of such indictment, Provided body of in that in cases where local description is or hereafter shall be remargin suf- quired, such local description shall be given in the body of the Proviso. indictment.

dictment, in

ficient.

Where local

description

ment insuf

matter un

be proved, nor for omission,

&c.

required. 25. No indictment for any offence shall be held insufficient No indict for want of the averment of any matter unnecessary to be proved, ficient for nor for the omission of the words "as appears by the record," not averring or of the words "with force and arms," or of the words "against necessary to the peace," nor for the insertion of the words "against the form of the statute," instead of "against the form of the statutes” &c., of cer- or vice versá, nor for that any person mentioned in the indicttain words, ment is designated by a name of office or other descriptive appellation instead of his proper name, nor for 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 of the indictment, or on an impossible day, or on a day that never happened, nor for want of a proper or perfect venue, nor for want of a proper or formal conclusion, nor for want of or imperfection 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. (a)

Objection

for formal

defect ap-. parent on face of in

be taken

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 dictment, to and not afterwards, and every court before which any such before jury objection shall be taken for any formal defect may, if it be sworn, and thought necessary, cause the indictment to be forthwith amended amend in 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 no defect. appeared.

court may

dictment,

to trial as if

of indict

Proviso.

No traverse 27. No person prosecuted shall be entitled to traverse or ment, postpone the trial of any indictment found against him at any allowed. 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 adjourn trial he ought to be allowed a further time either to prepare for his and respite defence or otherwise, such court may adjourn the trial of such zances, and person to the next subsequent session upon such terms as to bail

Court may

upon terms,

recogni

no fresh recognizances necessary.

(a) This sec. 24 is nearly a transcript in words of a previous act, 8 Geo. IV. c.

22, sec 8, which may therefore be held superseded by this act.

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