Separate accessaries and re ceivers may be included in the same indictment in the absence of the principal felon. Three larcenies 15. And whereas it frequently happens that the principal in a felony is not in custody or amenable to justice, although several accessaries to such felony or receivers, at different times, of stolen property, the subject of such felony may be in custody or amenable to justice: For the prevention of several trials be it enacted, that any number of such accessaries or receivers may be charged with substantive felonies in the same indictment, notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice. 16. It shall be lawful to insert several counts in the same indictment against the same person for number of distinct acts of stealing, not exany may ceeding three, which may have been committed the same indict- by him against the same person within the space of six calendar months from the first to the last of such acts, and to proceed therein for all or any of them. ment. Where a single taking is charged, the prosecutor not required to elect, unless it appear that than three 17. If upon the trial of any indictment for larceny it shall appear that the property alleged in such indictment to have been stolen at one time was taken at different times, the prosecutor shall not by reason thereof be required to elect upon which taking he will proceed, unless it shall appear there were more that there were more than three takings, or that more than the of six calendar months elapsed than six months between the first and the 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. takings, or more between the first and last taking. Coin and Bank notes may be ply as money. space 18. In every indictment in which it shall be described sim- necessary to make any averment as to any money, or any note to the Bank of England, or 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, shall not be proved, and in cases of embez zlement and obtaining money or bank notes by false pretences, by proof that the offender 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 party delivering the same, or to any other person, and such part shall have been returned accordingly. G. 3 (I.) extended. 19. Whereas by an act of parliament passed in Certain proviEngland, in the twenty-third year of the reign of sions of 23 G. his late Majesty King George the Second, intituled 2, c. 11, and 31 an Act to render Prosecutions for Perjury and Subornation of Perjury more easy and effectual, and by a certain other act of parliament made in Ireland in the thirty-first year of the reign of his late Majesty King George the Third, intituled An Act to render Prosecutions for Perjury and Subornation of Perjury more easy and effectual, and for affirming the Jurisdiction of the Quarter Sessions in cases of Perjury, certain provisions were made to prevent persons guilty of perjury and subornation of perjury, from escaping punishment by reason of the difficulties attending such prosecutions: And Any court, whereas it is expedient to amend and extend the judge, justice, same: Be it enacted that, it shall and may be law- &c. may direct ful for the judges or judge of any of the superior of perjury in a person guilty courts of common law or equity, or for any of her any evidence, Majesty's justices or commissioners of assize, Nisi &c. to be proPrius, Oyer and Terminer, or Gaol Delivery, or for secuted; any justices of the peace, recorder or deputy recorder, chairman, or other judge, holding any General or Quarter Sessions of the Peace, or for any commissioner of bankruptcy or insolvency, or for any judge or deputy judge of any county court or any court of record, or for any justices of the peace in Special or Petty Sessions, or for any sheriff or his lawful deputy before whom any writ of inquiry or writ of trial from any of the superior courts shall be executed, in case it shall appear to him or them that any person has been guilty of wilful and corrupt perjury in any evidence given, or in any affidavit, deposition, examination, answer, or other proceeding made or taken before him or them, to direct such person to be prosecuted for such perjury, in case there shall appear to him or them a reasonable cause for such prosecution, and and commit the party, unless he enter into recog nizance to appear and take his trial, and bind persons to give evidence; tion being directed, which shall be sufficient evidence of the same. to commit such person so directed to be prosecuted until the next Session of Oyer and Terminer, or Gaol Delivery for the county, or other district, within which such perjury was committed, unless such person shall enter into a recognizance, with one or more sufficient surety or sureties, conditioned for the appearance of such person at such next session of Oyer and Terminer or Gaol Delivery, and that he will then surrender and take his trial, and not depart the court without leave, and to require any person, he or they may think fit, to enter into a recognizance, conditioned to prosecute or give evidence against such person so directed to be prosecuted as aforesaid, and to give to the and give certifi- party so bound to prosecute, a certificate of the cate of prosecu- same being directed, which certificate shall be given without any fee or charge, and shall be deemed sufficient proof of such prosecution having been directed as aforesaid; and upon the production thereof the costs of such prosecution shall and are hereby required to be allowed by the court before which any person shall be prosecuted or tried in pursuance of such direction as aforesaid, unless such last mentioned court shall specially otherwise direct; and when allowed by any such court in Ireland, such sum as shall be so allowed shall be ordered by the said court to be paid to the prosecutor by the treasurer of the county in which such offence shall be alleged to have been committed, and the same shall be presented for, raised, and levied in the same manner as the expenses of prosecutions for felonies are now presented for, raised, and levied in Ireland: Provided always, that no such direction or certificate shall be given in evidence upon any trial to be had against any person upon a prosecution so directed as aforesaid. Extending the 23 G. 2, c. 11, s. 1, to other offences, and simplifying indictments for perjury and other like offences. 20. In every indictment for perjury, or for unlawfully, wilfully, falsely, fraudulently, deceitfully, maliciously, or corruptly taking, making, signing, or subscribing any oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient to set forth the substance of the offence charged upon the defendant, and by what court or before whom the oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing, was taken, made, signed, or subscribed, without setting forth the bill, answer, information, indictment, declaration, or any part of any proceeding, either in law or in equity, and without setting forth the commission or authority of the court or person before whom such offence was committed. s. 2, as to form offences. 21. In every indictment for subornation of Extending the perjury, or for corrupt bargaining or contracting 23 G. 2, c. 11. with any person to commit wilful and corrupt per- of indictments jury, or for inciting, causing, or procuring any for subornation person unlawfully, wilfully, falsely, fraudulently, of perjury and deceitfully, maliciously, or corruptly to take, make, other like sign, or subscribe any oath, affirmation, declaration, affidavit, deposition, bill, answer, notice, certificate, or other writing, it shall be sufficient, wherever such perjury or other offence aforesaid shall have been actually committed, to allege the offence of the person who actually committed such perjury or other offence in the manner herein-before mentioned, and then to allege that the defendant unlawfully, wilfully, and corruptly did cause and procure the said person the said offence, in manner and form aforesaid, to do and commit; and whereever such perjury or other offence aforesaid shall not have been actually committed, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth or averring any of the matters or things hereinbefore rendered unnecessary to be set forth or averred in the case of wilful and corrupt perjury. subornation a jury was com 22. A certificate containing the substance and On trials for effect only (omitting the formal part) of the indict- perjury and ment and trial for any felony or misdemeanor, certificate of purporting to be signed by the clerk of the court the trial of the or other officer having the custody of the records indictment on of the court where such indictment was tried, or which the perby the deputy of such clerk or other officer, (for mitted sufficient which certificate a fee of six shillings and eightpence evidence of such and no more shall be demanded or taken), shall trial. upon the trial of any indictment for perjury, or subornation of perjury, be sufficient evidence of the trial of such indictment for felony or misdemeanor, without proof of the signature or official character of the person appearing to have signed the same. Venue in the 23. It shall not be necessary to state any venue margin suffiin the body of any indictment, but the county, city, cient, except where local description is necessary. What defects an indictment. or other jurisdiction named in the margin thereof shall be taken to be the venue for all the facts stated in the body of such indictment; provided that in cases where local description is or hereafter shall be required, such local description shall be given in the body of the indictment; and provided also, that where an indictment for an offence committed in the county of any city or town corporate shall be preferred at the assizes of the adjoining county, such county of the city or town shall be deemed the venue, and may either be stated in the margin of the indictment, with or without the name of the county in which the offender is to be tried, or be stated in the body of the indictment by way of venue. 66 24. No indictment for any offence shall be held shall not vitiate insufficient for want of the averment of any matter unnecessary to be proved, nor for the omission of the words "as appears by the record,” or of the words "with force and arms," or of the words "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 versá, nor for that any person mentioned in the indictment 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 imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment, or on an impossible day, or on a day that never happened, nor for want of a proper or perfect venue, nor for want of a proper or formal conclusion, nor for want of or imperfection in the addition of any defendant, nor for want of the statement of the value or price of any matter or thing, or the amount of damage, injury, or spoil, in any case where the value or price, or the amount of damage, injury, or spoil, is not of the essence of the offence. Formal objections to indictments shall be taken before 25. Every objection to any indictment for any formal defect apparent on the face thereof shall be taken, by demurrer or motion to quash such indictment, before the jury shall be sworn, and not amend any for afterwards; and every court before which any such objection shall be taken for any formal defect may, jury are sworn. Court may mal defect. |