the-ordinances-of-the-legislative-counci-1890 — Page 114

78 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.
Refusal to plead. 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 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.
Noting plea. 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.
Effect of plea 107. And be it further enacted and ordained, that the prisoner upon the general
of " not guilty, "
or of special plea. 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.
Amendment of 108. And be it further enacted and ordained , that before the jury are charged
indictment or
information.
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 .
When the jury 109. And be it further enacted and ordained, that as soon as the prisoner shall
shall be charged
with prisoner. 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.
Judgment not to 110. And be it further enacted and ordained, that no judgment upon any indict
be reversed,
except upon ment, or information, whether after verdict of the jury, or upon confession of the
objections
arising upon
record, 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.
Judgment not to 111. And be it further enacted and ordained, that no such judgment shall be
be reversed for
want of
averments stayed or reversed for want of the averment of any matter unnecessary to be proved ;
of immaterial
matter, & c. 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