64029-1919-Supplementary-Bills-read-a-first-time--Indictments — Page 10

Number of Ordinance.

407

SECOND SCHEDULE.

ENACTMENTS REPEALED.

Short title.

Extent of Repeal.

4 of 1865. The Forgery Ordi-

nance, 1865.

5 of 1865. The Larceny Ordi-

nance, 1865.

Sectious forty-two and forty-three in toto, and section forty-four down to the words "any particular person; and ".

Sub-section two of section seventy-

four.

Sub-section two of section seventy- five down to the words "valuable security and ".

6 of 1865. The Malicious Da- | Sub-section one of section fifty-one.

mage Ordinance,

1865.

1 of 1887. The

Defamation Section twenty-one.

and Libel Ordi-

Hance, 1887.

9 of 1889. The Criminal Pro-Sections nineteen, twenty-tw›, fifty-

cedure Ordi-

nance, 1899.

five, and fifty-six.

Objects and Reasons.

1. The object of this Bill is to introduce into this Colony, with the necessary modifications, the provisions of the English Act of 1915, 5 & 6 Geo. V, c. 90, with the object of simplifying indictments and the rules relating to the forms thereof.

2. It has not been thought necessary to enact here the provisions of section 6 of the Home Act as to the costs of defective or redundant indictments; nor the provisions of section 7 as we have not adopted in this Colony the Vexa- tious Indictments Acts.

· 3. Rules 1 and 2 of the First Schedule have not been adopted as we have no 'Grand Jury in this Colony and it seemed unnecessary to adopt rule 3 as it is practically enacted in the body of the Bill by clause 5.

4. Rule 12 has not been adopted as we have no Ordinance corresponding with the Children's Act, 1908, in force in this Colony.

5. Rule 13 seems unnecessary as it has always been the practice to serve a copy of the indictment on the accused.

6. With regard to the Appendix to the Rules, it has bccu found necessary to alter the numbers of the sections in the beadings in accordance with our local laws.

7. In regard to the Second Schedule many of the Acts in the Second Schedule to the Indictments Act, 1915, are not only inapplicable to this Colony but have had no cor- responding provisions to them enacted here, and conse- quently it has been found possible to make the Second Schedule to the local Ordinance much shorter than the Second Schedule to the Home Act.

H. E. POLLOCK,

Attorney General.

22nd July, 1919.

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