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AS TO THE ALTERATIONS IN INDICTMENTS CAUSED BY THE 14 & 15 VICT. c. 100.

In addition to the observations that have been made upon each section of this statute, it may be proper to point out generally the effect produced by it upon the forms of indictment.

With regard to the venue in the margin the statute makes no alteration, except where an Indictment for an offence, committed in the county of any city or town corporate, is preferred at the assizes of the adjoining county, in which case such county of a city or town is to 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 in the body of the Indictment by way of venue. (Sec. 23, ante, p. 27).

The statute makes no change whatever in the place, at which any offender may be tried.

Neither does the statute make any alteration as to the name of the party indicted.

But by sec. 24, ante, p. 28, no Indictment is to be held insufficient "for want of or imperfection in the addition of any defendant," and, consequently, it is now unnecessary to insert the addition of any defendant.

The statute makes no alteration as to the statement of the person, against whom the offence was committed, except that no Indictment is to be held insufficient for that any person mentioned in it "is designated by a name of office or other descriptive appellation instead of his proper name," by sec. 24, ante, p. 28.

As to time, by sec. 24, ante, p. 28, no Indictment is to be held insufficient "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." So that in all such Indict ments as larceny, forgery, false pretences, robbery, &c., no time need be stated at all. But in such Indictments as burglary, night poaching, and the like, where time is of the essence of the offence, the time must still be stated.

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As to place. In all offences, which may be called transitory and not local, no parish or place need be alleged in the body of the Indictment, but the venue in the margin is to be taken to be the venue for all the facts stated in the body of the Indictment. Where, however, local description is necessary, it must be given in the body of the Indictment. The result is that in larceny, false pretences, forgery, robbery, &c. &c., no place need be stated in the body of the Indictment; but in burglary, sacrilege, housebreaking, burning houses or other buildings, &c., the place where the offence was committed must be inserted in the body of the Indictment. (See sec. 23, ante, p. 27).

No Indictment by sec. 24, ante, p. 28, is to be held insufficient for want of the averment of any matter unnecessary to be proved.

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Nor where a record is referred to, for the omission of the words as appears by the record."

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."

In an Indictment for murder, by sec. 4, ante, p. 10, it is sufficient to aver that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased, and so in an Indictment for manslaughter it is sufficient to aver that the defendant did feloniously kill and slay the deceased.

In Indictments for forging, uttering, stealing, embezzling, destroying, or concealing, or for obtaining by false pretences, any instrument, it is sufficient, by sec. 5, ante, p. 11, to describe such instrument by any name or designation, by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile thereof, or otherwise describing the same or the value thereof.

In indictments for engraving or making the whole or any part of any instrument, or for using or having the unlawful possession of any plate or other material, upon which the whole or any part of any instrument shall have been engraved or made, or for having the unlawful possession of any paper, upon which the whole or any part of any instrument shall have been made or printed, it is sufficient, by sec. 6, ante, p. 12, to describe such instrument by any name or designation, by which the same may be usually known, without setting out any copy or facsimile of the whole or any part of such instrument.

In all other cases except those mentioned in sec. 5 and sec. 6, wherever it is necessary to make any averment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it is sufficient, by sec. 7, ante, p. 12, to describe such instrument by any name or designation, by which the same may be usually known, or by the purport thereof, without setting out any copy or facsimile of the whole or any part thereof.

In any indictment for forging, uttering, offering, disposing of, or putting off, or for obtaining or attempting to obtain property by false pretences, it is sufficient, by sec. 8, ante, p. 13, to allege that the defendant did the act with intent to defraud, without

alleging the intent of the defendant to be to defraud any particular

person.

With regard to perjury no alteration is made in the form of the Indictment, but the provisions of the 23 Geo. 2, c. 11, relating to perjury, are extended to sundry similar offences by sec. 20, ante, p. 24.

With regard to subornation of perjury the provisions of the same act are extended to similar offences, and the forms of Indictment simplified by sec. 21, ante, p. 25.

With respect to the statement of the value or price or amount of damage, by sec. 24, ante, p. 28, no Indictment is to be held insufficient "for want of the statement of the value or price of any matter or thing, or the amount of any 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." In larceny, false pretences, robbery, &c., it is, therefore, wholly unnecessary to state the price or value of the chattel stolen or obtained. In stealing in a dwelling-house to the amount of 5l., in stealing and damaging trees, &c., inasmuch as the offence depends upon the amount, the amount must be stated.

As to the conclusion, no Indictment, by sec. 24, is to be held insufficient for want of the words "against the peace," or "for want of a proper or formal conclusion."

And by the same section, no Indictment is to be held insufficient for the insertion of the words "against the form of the statute" instead of "against the form of the statutes," or vice versâ.

It is ever to be remembered that this is a purely remedial act; it in no instance renders it imperative upon any person to frame any Indictment in accordance with the provisions contained in it; and, therefore, any Indictment, which was valid before this act, will still be good, and if any case should occur, in which it may be questionable how far any particular provision of this act may be applicable, it certainly would be the wise course to frame one count at least in the form used previous to this act.

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AN ACT FOR THE BETTER PREVENTION OF OFFENCES.

Any person found by night

armed, &c., with intent to

break into any

house and commit any felony therein, or having in

14 & 15 VICT. c. 19.

Royal Assent, 3rd July, 1851.

WHEREAS it is expedient to make further provision for the prevention of burglary and other offences in the night: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, as follows: That

I. If any person shall be found by night armed with any dangerous or offensive weapon or instrument whatsoever with intent to break or enter into any dwelling-house or other building whatsoever, and to commit any felony therein; or if any person shall be found by night having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock key, crow, jack, bit, or other implement of housebreaking; or if any person shall be found by night having his face blackened or otherwise disguised, with intent to commit any felony; or if any person shall be found by night in any dwelling-house or housebreaking, other building whatsoever, with intent to commit any felony or having his therein; every such offender shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be imprisoned, with or without hard labour, for any term not exceeding three years.

his possession, without lawful

excuse, any

implements of

face disguised,
or being found
by night in
any house with
intent to com-
mit any felony
therein, shall

be guilty of a
misdemeanor.

Note. This section is framed with a view to prevent the commission of burglaries and other felonies during the night. It applies to four cases:

I. Where any person is found anywhere by night armed with any dangerous or offensive weapon or instrument whatsoever, with intent to break or enter into any dwellinghouse or other building whatsoever, and to commit any felony therein.

This clause was advisedly framed to meet every case

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where any person is found, under the circumstances specified, either upon or near to any dwelling-house or other building, or in any other place whatsoever.

In order to bring a person within this clause four things are necessary:-1st, the party must be found by night, that is, by the 13th section, between nine at night and six the next morning; 2ndly, he must be found armed with a dangerous or offensive weapon or instrument (a); 3rdly, he must have the intent to break or enter into some dwellinghouse or building; and, lastly, he must have the intent to commit some felony in such dwelling-house or building.

This clause extends to all buildings, and includes cases where there is an intent either to break into, or to enter through an open door, open window, or other aperture, any dwelling-house or other building.

See the form of Indictment, post, p. 73, No. 1.

II. Where any person is found anywhere by night, having in his possession, without lawful excuse (the proof of which excuse is imposed upon such person), any picklock key, crow, jack, bit, or other implement of housebreaking.

In order to bring a person within this clause two things are necessary: he must be found by night as already explained, and he must have in his possession a picklock key, crow, jack, bit, or other implement of housebreaking. When these two things exist, it is then incumbent on such party to shew that he had a lawful excuse for being found at such a time, and with such an implement in his possession. It is unnecessary to shew any intent in order to bring a party within this clause. The possession, without excuse, of such implements being considered sufficient evidence of

the intent.

See the form of Indictment, post, p. 73, No. 2.

III. Where any person is found anywhere by night having his face blackened or otherwise disguised, with intent to commit any felony.

In order to bring a person within this clause three things are requisite: 1st, he must be found by night as already explained; 2ndly, he must be found with his face blackened or otherwise disguised; and, lastly, he must have the intent to commit some felony, but the intent to commit any felony at any place is sufficient.

See the form of Indictment, post, p. 74, No. 3.

IV. Where any person is found by night in any dwellinghouse or other building, with intent to commit any felony therein.

In order to bring a person within this clause three things are necessary: 1st, he must be found by night as already explained; 2ndly, he must be found in a dwellinghouse or building; and, lastly, he must have an intent to commit a felony therein. The circumstances under which

(a) As to what are "offensive" weapons, see the cases collected, 1 Russ. C. & M. p. 118, and p. 474.

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