the-ordinances-of-the-legislative-counci-1890 — Page 306

270 ORDINANCE No. 4 OF 1852 .


Criminal Procedure.


months may be mitted by him against the same person within the space of six calendar months from
included in the
same indictment . the first to the last of such acts , and to proceed thereon on all or any of them .
When single tak 11. If, on the trial of any information for larceny, it shall appear that the property
ing is charged,
prosecutor need alleged to have been stolen was taken at different times, the prosecutor shall not be
not elect, unless
more than three
takings, or more required to elect upon which taking he will proceed , unless it appear that there were
than six months
between first and more than three takings , or that more than six calendar months elapsed between the
last taking.
first and last of such takings ; and in either of such last mentioned cases, the prosecutor
shall be required to elect to proceed for such number of takings not exceeding three as
appear to have taken place within the period of six calendar months from the first to
the last of such takings.
Coin and bank
notes may be 12. In every information in which it is necessary to make averment as to any
described as
money. money or any note of any 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 shall be sustained as regards a description of the property by proof of any
amount of coin or any bank note, although the particular species of coin of which such
amount was composed or the particular nature of the bank note be not proved ; and in
cases of embezzlement and obtaining money or bank notes by false pretences, by proof
that the defendant embezzled or obtained any piece of coin or 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 party
delivering the same, or to any other person , and such part shall have been returned
accordingly.
Form of indict
ment for perjury, 13. In every information for perjury or for in any form or way giving false testi
mony, it shall be sufficient to set forth the substance of the offence charged upon the
defendant, without setting forth the commission or authority of the Court or person
before whom such offence was committed ; and in every information for subornation of
perjury , or for procuring or attempting to procure any person to give false testimony
in any form or way, it shall be sufficient if the perjury or other offence has been
committed by the person perjured or who gave false testimony to allege the offence
committed, and then to allege that the defendant unlawfully and wilfully did procure
the said person the said offence in manner and form aforesaid to commit ; and if the
perjury or other offence has not been committed, it shall be sufficient to set forth the
substance of the offence charged.
What defects
shall not vitiate 14. No information shall be held insufficient for want of the averment of any
indictment.
matter unnecessary to be proved, nor for the omission of the words " as appears by the
record," " with force and arms ," " against the peace," nor for the insertion of the
words " against the form of the statute " instead of against the " form of the statutes,"
or vice versâ, nor for that any person mentioned in the information is designated by a
name of office or other descriptive appellation instead of his proper name, nor 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, nor for stating the time incorrectly, nor for want
of a proper venue, nor for want of a proper or formal conclusion, nor for want of or