not be prosecut- convicted on au Information for Attempting to commit such Felony or dafterwards for Misdemeanour; and no person tried as herein lastly mentioned shall be Attempt. afterwards prosecuted for an Attempt to commit the Felony or Misde-
meanour for which he was so tried,
Similarly with V. That if, on any Trial for Robbery, the Jury shall be of opinion that Party indicted no Robbery was committed, but an Assault with intent to rob, the Defen- for Robbery.
dant shall not be therefore acquitted, but the Jury shall return a Verdict of Guilty of an Assault with intent to rob, and thereupon Defendant shall be punished as if convicted on an Information for Feloniously Assaulting with intent to rob; and no person tried as herein lastly mentioned shall be afterwards prosecuted for an Assault with Intent to commit the Rob- hery for which he was so tried.
Party indicted
VI. That if, on any Trial for Misdemeanour, the Facts given in Evidence for Misdemean-amount to a Felony, the Defendant shall not be therefore acquitted of our not to be ac- such Misdemeanour; and no Person tried for such Misdemeanour shall be quitted if the ofliable afterwards to be prosecuted for Felony on the same Facts unless fence be proved the Court shall think fit in its discretion to discharge the Jury from Felony, unless Court so direct. giving any Verdict on such Trial, and to direct such Person to be prose- cuted for Felony, whereupon such person may be dealt with as if not previously put on Trial for Misdemeanour.
for
Party indicted
VII. That if, ou the Trial for Embezzlement of any Clerk or Servant, Embezzle- the Offence proved amount to Larceny, the Defendant shall not therefore ment as a Clerk, be acquitted, but the Jury shall return a Verdict of Not Guilty of Em- & not to be ac-bezzlement,but Guilty of Simple Larceny, or Larceny as Clerk or Servant, quitted if offence he proved Lar as the case may be, and thereupon the Defendant shall be punished as if ceny, and rice convicted on an Information for such Larceny; and if, on any Trial for Larceny, the Offence proved amount to Embezzlement, the Defendant shall not therefore be acquitted, but the Jury shall return a Verdict of Not Guilty of Larceny, but Guilty of Embezzlement, and thereupon the Defendant shall be punished as if convicted on an Information for Embezzlement; and no person go tried for Embezzlement or Larceny as aforesaid shall be liable to be afterwards prosecuted for Larceny or Embezzlement on the same Facts.
tersa.
On Indictment VIII. That if, on the Trial of any Two or more Persons for jointly
for jointly receiv- Receiving any Property, it shall be proved that one or more of them ing, Party con- victed of separ-separately received any l'art thereof, the Jury shall convict upon such ately receiving Information such of the said Persons as shall be proved to have received may be convict-any Part of such Property.
ed.
In the same
IX. And whereas it may happen that the Principal in a Felony be not Indictment, se-in custody or amenable to Justice, although several Accessories to such parate Accesso-Felony or Receivers at different Times of Stolen Property the subject of ries or Receivers such Felony, are in custody or amenable to Justice, for the Prevention may be includ- ed in absence of of several Trials, it is enacted, that any Number of such Accessories or Principal Felon. Receivers may be charged with Felonies in the same Information, not- withstanding the principal Felon be not included in such Information
Three Larcenies
or in custody or aineuable to Justice.
X. It shall be lawful to insert several Counts in the same Information from the same against the saine Defendant for any Number of distinct Acts of Stealing, within not exceeding Three, committed by him against the same Person within
Person
Six Months may the Space of Six Calendar Months from the First to the Last of such the same indict. Acts, and to proceed thereon on all or any of them.
be included in
inent.
XI. If, on the Trial of any Information for Larceny, it shall appear When single Taking is charg- that the Property alleged to have been stolen was taken at different ed, Prosecutor times, the Prosecutor shall not be required to elect upon which Taking he need not elect, will proceed, unless it appear that there were more than Three Takings, unless more than for that more than Six Calendar Months clapsed between the First and more than Six Last of such Takings; and in either of such last mentioned cases, the Months between Prosecutor shall be required to elect to proceed for such Number of First and Last Takings not exceeding Three as appear to have taken place within Taking. the Period of Six Calendar Months from the First to the Last of such
Takings.
Three Takings,or
Coin and Bank XII. In every Information in which it is necessary to make Aver- Notes may be de- ment as to any Money or any Note of any Bank, it shall be sufficient to scribed as Mo-describe such Money or Bank Note simply as Money, without specifying any particular Coin or Bank Note, and such Allegation shall be sustained as regards a Description of the Property by Proof of any Amount of Colu
hey.
or any Bank Note, although the particular Species of Coin of which such Amount was composed or the particular Nature of the Bank Note bo not proved; and in cases of Embezzlement and Obtaining Money or Bank Notes by False Pretences, by Proof that the Defendant embezzled or obtained any Piece of Coin or Bank Note, or any Portion of the Value thereof, although such Picce of Coin or Bank Note may have been delivered to him in order that some Part of the Value thereof should be returned to the Party delivering the same, or to any other person, and such Part shall have been returned accordingly.
XIII. In every Information for Perjury or for in any Form or Way Form of lu- giving False Testimony, it shall be sufficient to set forth the Substance dictment for Per- of the Offence charged upon the Defendant, without setting forth the jury. Commission or Authority of the Court or Person before whom such Offence was committed; and in every Information for Subornation of Perjury, or for procuring or attempting to procure any Person to give False Testimony in any Form or Way, it shall be sufficient if the Per- jury or other Offence has been committed by the Person perjured or who gave False Testimony to allege the Offence committed, and then to allege that the Defendant unlawfully and wilfully did procure the said Person the said Offence in Manner and Form aforesaid to commit; and if the Perjury
or other Offence has not been committed, it shall be sufficient to set forth the Substance of the Offence charged.
XIV. No Information shall be held insufficient for Want of the Aver- What Defects ment of any Matter unnecessary to be proved, nor for the Omission of shall not vitiate the Words as appears by the Record," with Force and Arms," Indictment, "against the Peace," nor for the Insertion of the Words "against the Form of the Statute" instead of against the " Form of the Statutes," or vice versa, nor for that any Person mentioned in the Information 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 incorrectly, nor for Want of a proper Venue, nor for Want of a proper or formal Conclusion, nor for Want of or 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.
ther to necessary,
XV. And whereas it was enacted by Regula Generalis, 1st March, Ten Days' no- 1847, Section 41, that every Defendant shall have at least Ten Days') tice of Trial, hi- Notice of Trial, and it has been found that the making such Length of reduced to Five. 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.
XVI. In any Plea of Autrefois convict or Autrefois acquit it shall be sufficient for any Defendant to state that he has been lawfully con- victed or acquitted (as the Case may be) of the said Offence charged in the Information.
Provision as to
Plea of Autrefois acquit orconvict,
XVII. Whenever any Person shall be convicted of any one of the Punishment Offences following, as an indictable Misdemeanour; that is to say, any for certain In- Cheat or Fraud punishable at Common Law; any Conspiracy to Cheat dictable Misde- or Defraud, or to extort Money or Goods, or falsely to Accuse of any meanours. 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 Iude- cent 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 sha!! 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.
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