cause to suspect that any such offence has been committed in respect to such property, shall, if in his power, forthwith arrest the offender and convey him to a Justice to be dealt with according to law.

20. Upon the complaint on oath before a Justice, of any two inhabitants being householders of any City, Town, or Parish, of any person keeping a bawdy, gaming, or disorderly house, in any such place, the Justice shall issue his warrant to bring such person before him, and shall bind him over with two sufficient sureties to appear before the next Sessions, or Court of Oyer and Terminer for the County where the offence is charged, to answer to such bill of indictment as may be found against him, and in the mean time for his good behaviour. If the accused cannot find bail, the Justice shall commit him, and shall take the examination in the ordinary mauner, and the Justice shall before he issues the warrant of commitment require the complainants to enter into recognizance in the penal sum of twenty pounds each, to give or produce evidence against such person before the Grand Jury, and on his trial.

21. Any defect in a complaint, summons, or warrant, in form or substance, and any variance between any such instrument and the evidence given to sustain the charge therein, shall not affect the validity of the proceeding; but where the same may prejudice any party in his defence to such charge, the Justice hearing the case may grant further time upon such terms as he may direct.

22. All examinations, inquisitions, and recognizances, taken by any Justice or Coroner, shall immediately thereafter be transmitted to the Clerk of the Crown on the Circuits.

charged with a felony or a

misdemeanor, may obtain from a Judge of the Supreme Court,

upon

affidavit shewing the grounds therefor, with a certified copy of the recognizance, an order in writing under his hand, to render such person to the common gaol of the County where the offence is to be tried.

2. The sureties under such order may arrest such person, and deliver him, with the order, to the gaoler named therein, who shall receive and imprison him in the said gaol, and shall be charged with the keeping of such person until he be discharged by due course of law.

3. The party rendered may apply to a Judge of the Supreme Court to be again admitted to bail, who may on examination allow or refuse the same, and make such order as to the number of the sureties, and the amount of recognizance, as he may deem meet, which order shall be dealt with the same as the first order for bail, and so on as often as the case may require.

4. On due proof of such render, and a certificate of the Sheriff, proved by the affidavit of a subscribing witness, that such person has been so rendered, a Judge of the Supreme Court shall order an entry of such render to be made on the recognizance by the officer in charge thereof, which shall vacate the recognizance, or may be pleaded or alleged in discharge thereof.

5. The suretics may bring the person charged as aforesaid into the Court at which he is bound to appear, during the sitting thereof, and then by leave of the Court render him in discharge of such recognizance at any time before trial, and such person shall be committed to gaol, there to remain until discharged by due course of law, but such Court may admit such person to bail for his appearance at any time they may deem

meet.

6. The arraignment or conviction of any person charged and bound as aforesaid, shall not discharge the recognizance, but the same shall be effectual for his appearance for trial or sentence, as the case may be; the Court may commit such person to gaol upon his arraignment or trial, or may require new or additional sureties for his appearance for trial or sentence, as the case may be, notwithstanding such recognizance; and when duly committed, it shall be a discharge of the sureties.

Section.

CHAPTER 158.

OF PROCEEDINGS ON INDICTMENT.

1. Petit treason deemed murder, when. 2. What to state in indictment.

3. Incest or adultery, how dealt with.
4. Accessories, how triable.

5. Death of principal felon, its effect.
6. Bigamy and other crimes, where triable.
7. Principal and receiver, how tried, and
when.

8. Offences partly committed abroad, where
triable.

9. On boundaries of Counties. 10. On a voyage or journey.

11. Forgery, and obtaining goods by false pretences, evidence in.

12. Property, when in several persons, how tried.

13. When used for public purposes.

1. Any offence amounting to petit treason shall, as respects principal or accessories, be deemed murder, and be dealt with as such.

2. In an indictment for murder it shall be sufficient to charge that the offender did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased; and in an indictment for manslaughter, that he did feloniously kill and slay the deceased; without setting forth the manner or means by which the death was caused.

3. Every crime of felony, incest, or adultery, shall be dealt with in the Courts of Oyer and Terminer or General Gaol Delivery, except where power may be specially given by law to any other Court to try and determine the same.

4. Any accessory before or after the fact to any felony may be dealt with as such accessory with the principal, or may be indicted and convicted of a substantive felony before or after the conviction of the principal, and whether the principal be amenable or not to justice; and such accessory may be dealt with by the Court having jurisdiction over the offence of the principal, whether the crime of being accessory was committed on the high seas, or within or without any part of the Queen's dominions; and if the principal felony shall be committed in one County, and the offence of being accessory in another, the last offence may be dealt with in either County; but no person shall be indicted or tried a second time either as such accessory or as for a substantive felony.

5. If the principal felon after conviction shall die, be pardoned, or otherwise delivered before attainder, the accessory may be proceeded against, or if he be already convicted, may be punished.

6. In every case of bigamy, forgery, or uttering a forged writing, the accessory before or after the fact may be dealt with in the County where the offender may be in custody.

7. Felonious stealing, and receiving stolen property, may be included in one indictment, and the jury may find a verdict of guilty either for stealing or receiving; and if more than one person be charged in such indictment the jury may find all or either of them guilty of felony or receiving stolen property, or one or more of them guilty of stealing, and the others of receiving.

8. When any person shall be feloniously hurt or injured at any place out of this Province, and shall die in the Province of such hurt or injury, or when any person shall steal any property out of this Province and shall bring the same within the Province, any such offence, whether committed by any person as principal or accessory before or after the fact, may be deak with in the County in which such death may happen, or such property shall be brought.

9. When any indictable offence shall be committed on the boundary of two or more Counties, or within one mile thereof, or at such a place as to render it uncertain in which County the offence was committed, or be commenced in one County and completed in another, the offender may be dealt with in either of the said Counties.

10. When any indictable offence shall be committed on aay person during a journey or voyage, or in respect of any property in any vehicle or vessel employed in any journey or voyage, such offence may be dealt with in any County through any part of which such vehicle or vessel may have passed on such journey or voyage.

11. In an indictment against any person for forgery, uttering any forged writing, or making any clandestine endorsement thereon, no copy or fac simile of the writing need be made, but it shall be sufficient to describe the same in substance; and in such indictment, or in an indictment for obtaining or attempting to obtain any property by any false pretence,

it shall be sufficient to allege and prove that the defendant did the act with intent to defraud, without naming any particular person.

12. Where more persons than one shall be the owners of property, real or personal, in respect whereof any indictable offence has been committed, the indictment may name one of the owners, stating the property to be his and that of another; and if it be necessary to mention partners, parceners, joint tenants, or tenants in common, joint stock companies, or trustees, such description shall suffice; and where property shall be stolen from any vessel, or from the custody of any person acting as agent for or servant of the owner of such property, the same may be described in the indictment as the property of the master or person having the custody of the property at the time of its being stolen.

13. In an indictment for any offence committed in, upon, or with respect to any building or erection belonging to or used in whole or in part by any County, or on or with respect to any goods or chattels provided for or at the expense of any County, or be used on or in any such building or erection, it shall be sufficient to state the property, real or personal, to belong to the inhabitants of such County, without specifying the names of the inhabitants.

14. In any indictment for any offence committed on or with respect to any property, real or personal, under the management or in the occupation or charge of any Public, County, or Parish Officer, or Commissioner, it shall be sufficient to state any such property to belong to such Officer or Commissioner, without specifying his name.

15. No indictment for any offence shall be held insufficient either on demurrer, in arrest of judgment, on error, or otherwise, 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," or of the words "against the form of the Statute or Act of Assembly; " nor for the insertion of the words "against the form of the Statute or Act of Assembly," instead of the "Statutes or Acts of Assembly," or vice versa; nor for that any person mentioned in the indictment is designated by a name of office or other descriptive appellation,