CAP. 221]
Offence
committed on high seas or in foreign
parts.
Averment
as to money or bank note.
Charge of previous conviction.
General
provision as to matters
not necessary to be
alleged, etc.
Criminal Procedure.
20. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the King shall be a sufficient allegation of the jurisdiction of the court to hear and determine the case.
21. In any indictment in which it is necessary to make an averment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved, and, in cases of embezzling or obtaining money or bank notes by false pretences, by proof that the accused person embezzled or obtained any piece of coin or any bank note or any portion of the value thereof, although such piece 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 person delivering the same, or to any other person, and such part has been returned accordingly.
22. In any count charging the accused person with having been previously convicted, it shall be sufficient to state that the accused person was, 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.
[25
23. 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
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.
CAP. 221]
Offence
committed on high seas or in foreign
parts.
Averment
as to money or bank. note.
Charge of previous conviction.
General
provision as to matters
not necessary to be
alleged, etc.
Criminal Procedure.
20. In any indictment for an offence committed on the high seas or in foreign parts, an allegation that the person injured was, at the time of the offence charged, in the peace of the King shall be a sufficient allegation of the jurisdic- tion of the court to hear and determine the case.
21. In any indictment in which it is necessary to make an averment as to any money or any note of the Bank of England or of any other bank, it shall be sufficient to describe such money or bank note simply as money without specifying any particular coin or bank note; and such. allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note, although the particular species of coin of which such amount was composed, or the particular nature of the bank note, is not proved, and, in cases of embezzling or obtaining money or bank notes by false pretences, by proof that the accused person embezzled or obtained any piece of coin or any bank note or any portion of the value thereof, although such piece 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 person delivering the same, or to any other person, and such part has been returned accordingly.
22. In any count charging the accused person with having been previously convicted, it shall be sufficient to state that the accused person was, at a certain time and place, convicted of an offence punishable on summary con- viction or of a felony or misdemeanor, as the case may be, without further describing the offence.
[25
23. 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 appella- tion 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
146 -
―
!
.
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