ORDINANCE No. 10 of 1865.
Coinage Offences.
871
conviction for
a previous
When the previous
conviction is to be proved on the trial.
relating to the coin, and shall afterwards be indicted for any offence against this Ordinance committed subsequent to such conviction, it shall offence be sufficient in any such indictment or information, after charging such subsequent offence, to state the substance and effect only (omitting the formal part) of the indictment and conviction for the previous offence, and a certificate containing the substance and effect only (omitting the formal part) of the indictment or information and conviction for the previous offence, purporting to be signed by the Registrar or Deputy Registrar of the Supreme Court, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the previous conviction, and the proceedings upon any indictment or information for committing any offence after a previous conviction or convictions shall be as follows: (that is to say) The offender shall, in the first instance, be arraigned upon so much only of the indictment or information as charges the subsequent offence, and if he plead not guilty, or if the Court order a plea of not guilty to be entered on his behalf, the jury shall be charged, in the first instance, to inquire concerning such subsequent offence only; and if they find him guilty, or if on arraignment he plead guilty, he shall then, and not before, be asked whether he had been previously convicted as alleged in the indictment or information, and if he answer that he had been so previously convicted the Court may proceed to sentence him accordingly, but if he deny that he had been so previously convicted, or stand mute of malice, or will not answer directly to such question, the jury shall then be charged to inquire concerning such previous conviction or convictions, and in such case it shall not be necessary to swear the jury again, but the oath already taken by them shall for all purposes be deemed to extend to such last-mentioned inquiry:-Provided that if upon the trial of any person for any such subsequent offence such person shall give evidence of his good character, it shall be lawful for the Attorney General, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences, before such verdict of guilty shall be returned, and the jury shall inquire concerning such previous conviction or convictions at the same time that they inquire concerning such subsequent offence.
35. Whenever any person shall be convicted of any indictable misdemeanor punishable under this Ordinance the Court may, if it shall think fit, in addition to or in lieu of any of the punishments by this Ordinance authorized, fine the offender, and require him to enter into his
Fine and sureties for keeping the peace, in what cases.