AND 1899.]
CRIMINAL PROCEDURE.
[No. 9.
425
or offence aforesaid has not been actually committed, it shall be sufficient to set forth the substance of the offence with which the accused person is charged without setting forth or averring any of the matters or things hereinbefore rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury.
conviction.
25. In any count charging the accused person with having been previously convicted, it shall be sufficient to state that the accused person at a certain time and place, convicted of an offence punishable on summary conviction or of a felony or misdemeanor, as the case may be, without further describing the offence.
matters not necessary to be alleged, etc.
26. No indictment shall be held insufficient for want of the averment of any matter unnecessary to be proved, or for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation instead of his proper name, or 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, or for stating the time imperfectly, or for stating the offence to have been committed on a day subsequent to that of the indictment, or on an impossible day, or on a day that never happened, or for want of any statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
27. It shall be lawful for the Judge to order further particulars of any charge to be delivered, in any case in which he deems it expedient to do so.
Power to order further particulars.
Filing and Service of Indictment.
28. Every indictment, when so signed as aforesaid, shall be brought to the Registrar's Office and shall be filed by him in the Court.
Filing of indictment.
of notice of trial.
29. (1.) The Registrar shall indorse on or annex to every indictment and every copy thereof delivered for service a notice of trial, and such notice shall specify the particular session at which the accused person will be brought to trial on the indictment and the date of the commencement thereof.
(2.) The notice may be in the Form No. 2 in the Schedule to this Ordinance or as near thereto as circumstances will admit.
Schedule: Form No. 2.
indictment for
30. The Registrar shall deliver or cause to be delivered to the Bailiff a copy of the indictment, with the notice of trial indorsed on the same or annexed thereto; and, if there are more accused persons than one, then as many copies as there are persons
AND 1899.]:
CRIMINAL PROCEDURE.
[No. 9.
425
or offence aforesaid has not been actually committed, it shall be suffi- to set forth the substance of the offence with which the accused" rson is charged without setting forth or averring any of the matters things hereinbefore rendered unnecessary to be set forth or averred the case of wilful and corrupt perjury.
conviction.
25. In any count charging the accused person with having been Charge of viously convicted, it shall be sufficient to state that the accused person previous
at a certain time and place, convicted of an offence punishable on ummary conviction or of a felony or misdemeanor, as the case may be,
thout further describing the offence.
matters not
26. No indictment shall be held insufficient for want of the averment General of any matter unnecessary to be proved, or for that any person mentioned provision as to the indictment is designated by a name of office or other descriptive necessary to appellation instead of his proper name, or for omitting to state the time be alleged, etc.
which the offence was committed in any case where time is not of the essence of the offence, or for stating the time imperfectly, or for stating. the offence to have been committed on a day subsequent to that of the indictment, or on an impossible day, or on a day that never happened, or for want of any statement of the value or price of any matter or thing,
or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence.
27. It shall be lawful for the Judge to order further particulars of Power to any charge to be delivered, in any case in which he deems it expedient order further to do so.
particulars.
Filing and Service of Indictment.
28. Every indictment, when so signed as aforesaid, shall be brought Filing of the Registrar's Office and shall be filed by him in the Court.
indictment.
of notice of trial.
29. (1.) The Registrar shall indorse on or annex to every indict- Indorsement ment and every copy thereof delivered for service a notice of trial, and such notice shall specify the particular session at which the accused person will be brought to trial on the indictment and the date of the Commencement thereof.
(2. The notice may be in the Form No. 2 in the Schedule to this Schedule: Ordinance or as near thereto as circumstances will admit.
Form No. 2.
indictment for
30. The Registrar shall deliver or cause to be delivered to the Bailiff Delivery of copy of the indictment, with the notice of trial indorsed on the same
copy of O annexed thereto; and, if there are more accused persons than one, service.. then as many copies as there are persons
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