ORDINANCE No. 4 OF 1852.
Criminal Procedure.
imperfection in the addition of any defendant, nor for want of the statement of the price or value of any thing, or the amount of damage or injury where the price or value or the amount of damage or injury is not of the essence of the offence; and every objection to any information for any formal defect apparent on the face thereof shall be taken by motion to quash such information before the jury shall be sworn, and not afterwards.
15. And whereas it was enacted by Regula Generalis, 1st March, 1847, section 41, that every defendant shall have at least ten days' notice of trial, and it has been found that the making such length of notice imperative is attended by more inconvenience than benefit to defendant, be it therefore further enacted, that such period of ten days shall be reduced to five days, and that every defendant in custody at the opening or during the sitting of the sessions shall and may be tried thereat if so desirous, and no special objection be made thereto on the part of the Crown.
16. In any plea of autrefois convict or autrefois 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 information.
17. Whenever any person shall be convicted of any one of the offences following, as an indictable misdemeanour; that is to say, any cheat or fraud punishable at common law; any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public justice; any escape or rescue from lawful custody, on a criminal charge; any public and indecent exposure of the person; any indecent assault, or any assault occasioning actual bodily harm; any attempt to have carnal knowledge of a girl under ten years of age; any public selling, or exposing for public sale or to public view, of any obscene book, print, picture, or other indecent exhibition, it shall be lawful for the Court to sentence the offender to be imprisoned for any term now warranted by law, and also in its discretion to be kept to hard labour during the whole or any part of such term of imprisonment.
18. In the construction of this Ordinance, the word "Information" shall be understood to include "Indictment" "Inquisition" and "Presentment," as well as "Information," and also any "Plea," "Replication," or other pleading; and the terms "Exhibiting" of an "Information," shall be understood to include "the Taking of an Inquisition" finding an indictment, and "the Making a Presentment;" and wherever in this Ordinance, 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.
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Ten days' notice of trial, hitherto necessary, reduced to five.
Provision as to plea of autrefois acquit or convict.
Punishment for certain indictable misdemeanour's.
Interpretation of terms.
[Repealed by Ordinance No. 3 of 1865.]