# Amendment of
formation.
entered shall have the same force and effect as if such Prisoner had actually pleaded the same; or else the Court shall thereupon cause a Jury to be impanelled to try whether the Prisoner be of sound or unsound mind; and if he or she shall be found to be of unsound mind, the Court shall make such order touching the safe custody of the said Prisoner as to the Court shall seem just and proper; and if he or she shall be found of sound mind, the Court shall proceed with the Trial of the said Prisoner.
IV. And be it further enacted and ordained, That before Indictment or In- the Jury are charged with the Trial of any Prisoner, or during the progress of any such Trial, it shall be lawful for the Court to amend the Indictment or Information in any matter of form not calculated to prejudice or mislead the Prisoner in his or her defence.
Judgment not to
arising upon
re-
V. And be it further enacted and ordained, That no Judg- be reversed, except ment upon any Indictment or Information, whether after upon objections verdict of the Jury, or upon confession of the Prisoner, or otherwise, shall be stayed or reversed, except for objections arising upon the face of the record, and whereby the pro- ceedings thereon are rendered erroneous or defective.
cord.
Judgment not to
want of averments of immaterial mat ters, &c.
VI. And be it further enacted and ordained, That no such be reversed for Judgment shall be stayed or reversed for want of the averment of any matter unnecessary to be proved; nor because any person or persons mentioned in the Indictment or Information, is or are designated by name of office or other descriptive appellation, instead of his or their proper name or names; nor for omitting to state, or erroneously stating, the time or place at which the offence was committed in any case in which time or place is not of the essence of the offence; Provided that the Court shall appear by the Indictment or Information to have had jurisdiction in the case; nor on the ground of any objection to the form or relevancy of the Indictment or Information which, if stated before the Jury were impanelled, or during the progress of the Trial, might have been amended by the Court; nor because of any error committed in summoning or swearing the Jury, or any of them; nor because any person who has served upon the Jury has not been returned by the Sheriff; nor because of any objection which might have been stated as a ground of challenge of any of the Jurors, except the objection of minority nor for any informality in swearing the witnesses, or any of them.
Interpretation
clause.
VII. And be it further enacted and ordained, That in the construction of this Ordinance, wherever, in describing any person or party, matter or thing, the word importing the singular number or the masculine gender only is used, the same shall be understood to include, and shall be applied to, several persons or parties as well as one person or party, and females as well as males, and several matters or things as well as one matter or thing respectively, unless there be something in the subject or context repugnant to such construction.
JOHN FRANCIS DAVIS,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 19th day of August, 1845,
ADOLPHUS E. SHELLEY,
Clerk of Councils.
HONGKONG:
PRINTED BY AUTHORITY, AT THE OFFICE OF THE CHINA MAIL.
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