if it be thought necessary, cause the indictment to be forthwith amended in such particular by some officer of the court or other person, and thereupon the trial shall proceed as if no such defect had appeared. 26. So much of a certain act of parliament Repealing part passed in the sixtieth year of the reign of his late of 60 G. 3, & 1 G. 4, c. 4, as to Majesty King George the Third, intituled an Act to the traverse of Prevent Delay in the Administration of Justice in indictments in cases of Misdemeanor, as provides that where any cases of misdeperson shall be prosecuted for any misdemeanor by meanor. indictment at any Session of the Peace, Session of Oyer and Terminer, Great Session, or Session of Gaol Delivery, within that part of Great Britain called England, or in Ireland, having been committed to custody or held to bail to appear to answer for such offence twenty days at the least before the session at which such indictment shall be found, he or she shall plead to such indictment, and trial shall proceed thereupon, at such same Session of the Peace, Session of Oyer and Terminer, Great Session, or Session of Gaol Delivery respectively, unless a writ of certiorari for removing such indictment into His Majesty's Court of King's Bench at Westminster or in Dublin shall be delivered at such session before the jury shall be sworn for such trial," shall be and the same is hereby repealed. dictments. 27. No person prosecuted shall be entitled to Provision as to traverse or postpone the trial of any indictment traversing in found against him at any Session of the Peace, Session of Oyer and Terminer, or Session of Gaol Delivery Provided always, that if the court, upon the application of the person so indicted or otherwise, shall be of opinion that he ought to be allowed a further time, either to prepare for his defence or otherwise, such court may adjourn the trial of such person to the next subsequent session, upon such terms as to bail or otherwise as to such court shall seem meet, and may respite the recognizances of the prosecutor and witnesses accordingly, in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence at such subsequent session without entering into any fresh recognizance for that purpose. Provision as to plea of autrefois 28. In any plea of autrefois convict or autrefois acquit it shall be sufficient for any defendant to convict or autrestate that he has been lawfully convicted or ac- fois acquit. Punishment for certain indicta ble misde meanors. Interpretation of terms. Commencement of Act. Not to extend to quitted (as the case may be) of the said offence charged in the indictment. 29. Whenever any person shall be convicted of any one of the offences following, as an indictable misdemeanor; that is to say, any cheat or fraud punishable at common 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 twelve 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 be imprisoned for any term now warranted by law, and also to be kept to hard labour during the whole or any part of such term of imprisonment. 30. In the construction of this Act the word "indictment" shall be understood to include "in 66 formation," " inquisition," and "presentment," as well as indictment, and also any "plea," " replication," or other pleading, and any Nisi Prius record; and the terms "finding of the indictment" shall be understood to include "the taking of an inquisition," "the exhibiting of an information," and the "making a presentment;" and wherever in this Act, 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. 31. This Act shall come into operation on the first day of September one thousand eight hundred and fifty-one. 32. Nothing in this Act shall extend to Scotland. INDEX. ACCESSARIES. before the fact and after, 23. ACCOMPLICE. competent witness, 52. ACQUITTAL. see PRISONER. AFFIRMATION. by Quaker, 51. ARRAIGNMENT. see PRISONER. ARREST. who may arrest offenders, 5. when and where, 5. by justice of peace, 6. by sheriff, 6. by coroner, 6. by constable, 5. ARSON. definition of, 23. BIGAMY. what, 23. BILL. what, 32. how presented, 32. BURGLARY. what, 23. CAPTION. see INDICTMENT. CERTIORARI. writ of, 38, 39. where returnable, 39. when proper time to apply for, 39. FORGERY. what, 24. GRAND JURY. qualification for, 32. summoning of, 33. true bill by, 36. HABEAS CORPUS. act of, 18. different kinds of, 18. HOMICIDE. what, 24. INDICTMENT. what, 25. requisites of, 26. amendments of, 26. venue of, 27. technical words in, 28. forms of, 29-32. caption of, 37, 38. removal of, 38. pleadings upon, 41. INFANTS. when guilty of felony, 21. INFORMATION. form of, 7. kinds of criminal informations, 83-85. forms of, 86. for what filed, 87. INSANITY. kinds of, 22. JUDGMENT. arrest of, 73. when given, 73. JURISDICTION. pleas to, 41. |