the-ordinances-of-the-legislative-counci-1890 — Page 307

ORDINANCE No. 4 OF 1852. 271


Criminal Procedure.


imperfection in the addition of any defendant, nor for want of the statement of the
price or value of any thing, or the amount of damage or injury where the price or value
or the amount of damage or injury is not of the essence of the offence ; and every
objection to any information for any formal defect apparent on the face thereof shall
be taken by motion to quash such information before the jury shall be sworn, and not
afterwards .

15. And whereas it was enacted by Regula Generalis, 1st March, 1817, section 41 , Ten days' notice
of trial, hitherto
that every defendant shall have at least ten days ' notice of trial, and it has been found necessary, reduc
ed to five.
that the making such length of notice imperative is attended by more inconvenience
than benefit to defendant, be it therefore further enacted, that such period of ten days
shall be reduced to five days, and that every defendant in custody at the opening or
during the sitting of the sessions shall and may be tried thereat if so desirous, and no
special objection be made thereto on the part of the Crown.

16. In any plea of autrefois convict or autrefois acquit it shall be sufficient for any Provision as to
plea of autrefois
defendant to state that he has been lawfully convicted or acquitted (as the case may be) acquil or convict.
of the said offence charged in the information .

17. Whenever any person shall be convicted of any one of the offences following, Punishment for
certain indict
as an indictable misdemeanour ; that is to say, any cheat or fraud punishable at common able misdemean
ours.
law ; any conspiracy to cheat or defraud , or to extort money or goods, or falsely to accuse
of any crime, or to obstruct, prevent, pervert or defeat the course of public justice ; any
escape or rescue from lawful custody, on a criminal charge ; any public and indecent
exposure of the person ; any indecent assault, or any assault occasioning actual bodily
harm ; any attempt to have carnal knowledge of a girl under ten years of age ; any
public selling, or exposing for public sale or to public view, of any obscene book, print,
picture, or other indecent exhibition , it shall be lawful for the Court to sentence the
offender to the imprisoned for any term now warranted by law, and also in its discretion
to be kept to hard labour during the whole or any part of such term of imprisonment .
18. In the construction of this Ordinance, the word " Information " shall be Interpretation of
terms.
understood to include " Indictment " " Inquisition " and " Presentment," as well as
"Information," and also any " Plea," "Replication," or other pleading ; and the terms
.
" Exhibiting " of an " Information," shall be understood to include " the Taking of an
Inquisition " finding an indictment, and " the Making a Presentment ; " and wherever
in this Ordinance, in describing or referring to any person or party, matter or thing,
any word importing the singular number or masculine gender is used, the same shall
be understood to include and shall be applied to several persons and parties as well as
one person or party, and females as well as males, and bodies corporate as well as
individuals, and several matters and things as well as one matter or thing ; and the
word " Property " shall be understood to include goods, chattels, money, valuable
securities, and every other matter or thing whether real or personal, upon or with
respect to which any offence may be committed.


[ Repealed by Ordinance No. 3 of 1865.]