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* vir.c. 22. Jaw or equity, other than as aforesaid, and without setting forth

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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.

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so also in 3. In every information or indictment for subornation of "or^irTM perjury, or for corrupt bargaining, or contracting with others to *c- 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)

- * e vie. 7 and 8 Vic. c. 2.] For the more speedy trial of offences corn

Briiisii stat. mitted on the high seas.

—^—' Brit. T5th March, 1844.]

1844. L 'J

vonue in in- 7 aml g 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.

uvie-csa 11 Vic. C. 28.] As to insolvent debtors.

'' Isld. [December 28, 1847.]

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. (&)

{a) Vide IS Vic. c. 5. sec. 20. {Post.) December, 1852, but revived and continued in force by Mi Vic. c. 40, to 31st (li) This set expired on the 31st of of December, 1853.

13 Vic. C. 7.] For the removal of defects in the administration i3Vic.c. 7. of criminal justice. ^*— ,-»^

Isi.d. [December 20, 1849.] vm.

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 rec'Sving7 lawful to add a count for feloniously receiving the same pro- JSd7du0 an pertv, knowing it to have been stolen; and in any indictment indictment

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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.

1«3 and 14 Vic. c. 93.] For improving the condition of seamen 13&14 vir and maintaining discipline in the merchant service.

Brit. [14th August, 1850.]

c. 83. British stat.

1850.

13 and 14 Vic. c. 93,sec. 107.] All misdemeanours mentioned Misdemeanor created by this act may be prosecuted by information at the prosecuted suit of her majesty's attorney general, or by indictment, or by lilJ"l"rTM*' 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.

14 Vic. C. 48.] For preventing embezzlements by persons . employed in the public service, (a) i85i. Isld. [23rd May, 1851.]

Kiwi e'm- 14 ^,c< c- *8' sec" ^-] It snaM De lawful to charge in the indicttwiiiement meat to be preferred against any offender under this act, and to cku^-d in proceed against him for any number of* distinct acts of embezdictmrt'"" dement, 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 Attoaiiega- shall not be proved ; or if he fhall be proved to have embezzled immf'of the auy P'ece °f" com or any valuable security or any portion of the property 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.

beT"'"Vh£i "*• In everv such case of embezzlement or fraudulent applicaM the tion or disposition, as aforesaid, of any chattel, money, or valuable <meen8. 8ecurity, 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.

niisvic. 14 and 15 Vic. c. 79.] As to steam navigation, and to tke boats

Briu«h1stat. and lights to be carried by sea-going vessels.

•~—~^*~' Brit. [7th August, 1851.1

1851. L o J

indictment 14 and 15 Vic. c. 79, sec. 41.] No indictment shall be preferred rerredPby* 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 trade or of majesty's customs, and no suit or proceeding shall be commenced siX'rof for the recovery of any penalty or forfeiture for any such customs, 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,

(a) See Embezzlement. (Post.)

unless in the name of some public officer under the direction of u&» vuthe lords of the said committee or of the said commissioners British ^ut. respectively; and in any indictment preferred, or suit, or pro- '~"'7g^7w ceeding 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.

16 Vic. C. 15.1 For further improving the administration ofisvic.c.is.

...-'•' 1 J J Island Act.

criminal justice.

I8LD. [January 27, 1853.] isss.

16 Vic. c. 15, sec. 4.] In any indictment for murder or man- in my care slaughter preferred after the coming of this act into operation, anTMTMTM" it shall not be necessary to set forth the manner in which, or 8'<iughl<!r.

> i i-iiiieii -ii neces

the means by which, the death ot the deceased was caused, but «ary to set it shall be sufficient in every indictment for murder, to charge oVmanner"" that the defendant did feloniously, wilfully, and of his malice, Sj,f"'J;M afore-thought, kill and murder the deceased; and it shall be ofmurder, sufficient in every indictment for manslaughter to charge the did feionidefendant did feloniously kill and slay the deceased. wnSfmiiw

thought, kill, &c, and in manslaughter, that he did feloniously kill, 4-c. afore

5. In any indictment for forging, uttering, stealing, embez- in indictzling, destroying, or concealing, or for obtaining by false To^ity\c. pretences any instrument, it shall be sufficient to describe such deTMjj0"'tu° instrument by any name or designation by which the same may instrument be usually known, or by the purport thereof, without setting out by wMchTt" any copy orfac-simile thereof, or otherwise describing the same kn^wTor'7 or the value thereof. "* Purrt>

without letting forth a fuc-simile or value.

6. In any indictment for engraving or making the whole, or in indictany part, of any instrument, matter, or thing whatsoever, or for g^vingjic!" using or having the unlawful possession of any plate or other Ihtm^ittv material, upon which the whole or any part of any instrument, possession matter, or thing whatsoever shall have been engraved, or made ?tiamm-c" or for having the unlawful possession of any paper upon which a'cTMrib° the whole or any part of any instrument, matter, or thing what- |£TM'£,"'• soever shall have been made or printed, it shall be sufficient to aregenerdescribe such instrument, matter, or thing, by any name or byfwfthout designation, by which the same may be usually known, without "&^5mu* setting out any copy or fac-simile of the whole or any part of

such instrument, matter, or thing.

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

to any instrument, wholly or in part, in writing, print, Ac., sufficient to describe it by the usual name, or Its purport, without setting forth a fac-simile.

invi,• c.i5. the same consists wholly, or in part, of writing, print, or figures,

^—/-^ it shall be sufficient to describe such instrument by any name or

1853- designation by which the same may be usually known, or by the

purport thereof, without setting out any copy or facsimile of

the whole or any part thereof.

In case of forgery or obtaining property by false pretence-, 4c, sufficient to allege and prove the accused intended to defraud, without stating or proving the particular person.

Accessaries
or receivers
may be
charged
with Kub-
stantiro
felonies in
same indict-
ment,

although tho
principal
felon may
not be in-
cluded, &c.

Several
counts may
be inserted
in the same
indictment
against
same person
for distinct
acts of lar-
ceny [not
exceeding
three] com-
mitted
within six
months
against
same per-
son.

Averments of money, treasury or bank note, need only be described as money, without further specification,

and In case of embezzlement, &c, the proof of taking any portion is sufficient, although part of the value is returned.

8. From and after the passing of this act it shall be sufficient in any indictment for forging, uttering, offering, disposing of, or putting off*, any instrument whatsoever, or for obtaining, or attempting to obtain, any property by false pretences, to allege 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 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.

15. And wliereas 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 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, notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice.

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

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 this island, or any bank of this island, it shall be sufficient to describe such money, or treasury, or bank note, simply as money, without specifying any particular coin, or treasury, or bank note, and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any treasury, or bank note, although the particular species of coin of which such amount was composed, or the particular nature of the treasury or bank note shall not be proved, and in cases of embezzlement and obtaining money, or treasury, or bank note by false pretences, proof that the offender embezzled or obtained any copy, piece of coin, or any treasury, or bank note, or any portion, or the value thereof, although such piece of coin, or treasury, or bank note, may have been delivered to

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