78
Refusal to plead.
Noting plea.
Effect of plea of "not guilty,"
or of special plea.
Amendment of Indictment or Information.
When the jury shall be charged with prisoner.
Judgment not to be reversed, except upon objections
arising upon record,
Judgment not to be reversed for want of averments of Immaterial matter, &c.
ORDINANCE No. 15 OF 1844.
Supreme Court.
prisoners is, or are entitled to service of a copy of the indictment or information, he, she, or they, shall object to the want of such service, and the Court shall find that he, she, or they, has or have not been duly served therewith.
105. And be it further enacted and ordained, that if any prisoner, being arraigned upon, or charged with any indictment or information, will not answer to the indictment or information, the Court shall, if it shall so think fit, order the Registrar to enter a plea of "not guilty" on behalf of such prisoner, and the plea so 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.
106. And be it further enacted and ordained, that the Registrar, or other officer of the Court, shall note the plea of the said prisoner upon the indictment, or annex the same thereto.
107. And be it further enacted and ordained, that the prisoner upon the general plea of "not guilty," shall, without any further form, be deemed to have put himself, or herself, upon the jury for trial; but when he, or she, shall plead any special plea, the prosecutor shall forthwith verbally reply to the same, unless further time be granted to him, or her, by the Court, for that purpose, and the Registrar or the officer of the Court shall note such replication upon the indictment, or information, or annex the same thereto, and the Court shall forthwith dispose thereof, or such further proceedings shall be had thereon as to the said Court may seem meet.
108. And be it further enacted and ordained, that before 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.
109. And be it further enacted and ordained, that as soon as the prisoner shall have put himself, or herself, upon the jury for trial, and the Court shall order a jury for the trial of such prisoner accordingly, or for the trial of any special issue arising upon the record, the said jury shall be thereupon called, sworn, and charged, in manner provided for that purpose.
110. And be it further enacted and ordained, that no judgment upon any indictment, or information, whether after verdict of the jury, or upon confession of the prisoner, or otherwise, shall be stayed or reversed, except upon objections arising upon the said indictment or information, as on record, and whereby the proceedings thereon are rendered erroneous or defective.
111. And be it further enacted and ordained, that no such 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
78
Refusal to plead.
Noting plea.
Effect of plea of "not guilty,"
or of special plea.
Amendment of Indictment or Information.
When the jury: shall be charged with prisoner.
Judgment not to be reversed, except upon objections
arising upon record,
Judgment not to be reversed for want of averments of Immaterial matter, &c.
ORDINANCE No. 15 OF 1844.
Supreme Court.
prisoners is, or are entitled to service of a copy of the indictment or information, he, she, or they, shall object to the want of such service, and the Court shall find that he, she, or they, has or have not been duly served therewith.
105. And be it further enacted and ordained, that if any prisoner, being arraigned upon, or charged with any indictment or information, will not answer to the indictment or information, the Court shall, if it shall so think fit, order the Registrar to enter a plea of "not guilty" on behalf of such prisoner, and the plea so 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 impannelled to try whether the prisoner be of gound 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.
106. And be it further enacted and ordained, that the Registrar, or other officer of the Court, shall note the plea of the said prisoner upon the indictment, or annex the same thereto.
107. And be it further enacted and ordained, that the prisoner upon the general plea of "not guilty," shall, without any further form, be deemed to have put himself, or herself, upon the jury for trial; but when he, or she, shall plead any special plea, the prosecutor shall forthwith verbally reply to the same, unless further time be granted to him, or her, by the Court, for that purpose, and the Registrar or the officer of the Court shall note such replication upon the indictment, or information, or annex the same thereto, and the Court shall forthwith dispose thereof, or such further proceedings shall be had thereon as to the said Court may seem meet.
108. And be it further enacted and ordained, that before 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.
109. And be it further enacted and ordained, that as soon as the prisoner shall have put himself, or herself, upon the jury for trial, and the Court shall order a jury for the trial of such prisoner accordingly, or for the trial of any special issue arising upon the record, the said jury shall be thereupon called, sworn, and charged, in manner provided for that purpose.
110. And be it further enacted and ordained, that no judgment upon any indict- ment, or information, whether after verdict of the jury, or upon confession of the prisoner, or otherwise, shall be stayed or reversed, except upon objections arising upon the said indictment or information, as on record, and whereby the proceedings thereon are rendered erroneous or defective.
111. And be it further enacted and ordained, that no such 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
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