the-ordinances-of-the-legislative-counci-1890 — Page 172

136 ORDINANCE No. 8 OF 1845 .


Criminal Proceedings.


No. 8 of 1845.

Title. An Ordinance to regulate Criminal Proceedings .

[ 19th August, 1845. ]
Indictment or E it enacted and ordained, that for the purpose of bringing a criminal case under
information.
BR the cognizance of the Supreme Court, an indictment or information , duly signed
by the Attorney General, or, in his absence, by the Colonial Secretary, shall be as valid
and effectual in all respects as if the same had been presented by a grand jury. [ See
Ordinance No. 6 of 1846. ]

Effect of plea of 2. And be it further enacted and ordained , that every prisoner, upon being
" Not guilty."
arraigned upon or charged with any indictment or information, by pleading generally
thereto the plea of " not guilty " shall, without further form, be deemed to have put
himself or herself upon the country for trial .
Refusal to plead. 3. And be it further enacted and ordained , that if any prisoner being arraigned
upon, or charge with any indictment or information, stand mute of malice, or will not
answer directly 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.
Amendment of 4. And be it further enacted and ordained, that before the jury are charged with
indictment or
information.
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.
Judgment not to 5. And be it further enacted and ordained, that no judgment upon any indictment
be reversed,
except upon or information, whether after verdict of the jury, or upon confession of the prisoner, or
objections
arising upon
record. otherwise, shall be stayed or reversed , except for objections arising upon the face of
the record, and whereby the proceedings thereon are rendered erroneous or defective.

Judgment not to 6. And be it further enacted and ordained, that no such judgment shall be stayed
be reversed for
want of aver or reversed for want of the averment of any matter unnecessary to be proved ; nor
ments of
immaterial because any person or persons mentioned in the indictment or information is or are
matters, &c.
designated by name of office or other descriptive appellation , instead of his or their
proper name or names ; nor for omitting to state, or erroneously stating, the time or
place at which the offence was committed in any case in which time or place is not of
the essence of the offence ; Provided that the Court shall appear by the indictment or
information to have had jurisdiction in the case ; nor on the ground of any objection
to the form or relevancy of the indictment or information which , if stated before the
jury were impanelled, or during the progress of the trial, might have been amended by