834
for the same cause.
[See ibid.]
Notice of action. [Sec ibid.]
XC.
ORDINANCE No. 7 of 1865.
Larceny, &c.
have received a remission thereof from the Crown, or from the Governor, or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been so discharged from his conviction by any Magistrate as aforesaid, in every such case he shall be released from all further or other proceeding for the same cause.
93. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within six months after the fact committed, and not otherwise; and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action; and in any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence, at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant; and if a verdict shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of
Form of information for a subsequent offence and proceedings thereon. [See ibid.]
the action.
As to other Matters:-
94. In any information for any offence punishable under this Ordinance, and committed after a previous conviction or convictions for any felony, misdemeanor, or offence or offences punishable upon summary conviction, it shall be sufficient, after charging the subsequent offence, to state that the offender was at a certain time and place, or at certain times and places convicted of felony, or of an indictable misdemeanor, or of an offence or offences punishable upon summary conviction, (as the case may be,) without otherwise describing the previous felony, misdemeanor, offence or offences; and a certificate containing the substance and effect only (omitting the formal part) of the indictment or information and
834
for the same cause.
[See ibid.]
Notice of action. [Sec ibid.]
XC.
ORDINANCE No. 7 of 1865.
Larceny, &c.
have received a remission thereof from the Crown, or from the Governor, or shall have suffered the imprisonment awarded for non-payment thereof, or the imprisonment adjudged in the first instance, or shall have been so discharged from his conviction by any Magistrate as aforesaid, in every such case he shall be released from all further or other proceeding for the
same cause.
93. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Ordinance shall be commenced within six months after the fact committed, and not otherwise and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of General issue, the action; and in any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence, at any trial to be had thereupon; and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into Court after such action brought, by or on behalf of the defendant; and if a verdict, shall pass for the defendant, or the plaintiff shall become nonsuit, or discontinue any such action after issue joined, or if upon demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant unless the Judge before whom the trial shall be shall certify his approbation of
Form of information
for a subsequent offence and proceedings
thereon. [Sce ibid.]
the action.
As to other Matters:-
94. In any information for any offence punishable under this Ordinance, and committed after a previous conviction or convictions for any felony, misdemeanor, or offence or offences punishable upon summary conviction, it shall be sufficient, after charging the subsequent offence, to state that the offender was at a certain time and place, or at certain times and places convicted of felony, or of an indictable misdemeanor, or of an offence or offences punishable upon summary conviction, (as the case may be,) without otherwise describing the previous felony, misdemeanor, offence or offences; and a certificate containing the substance and effect only (omitting the formal part) of the indictment or information and
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