any formal Defect.

Verdicts and Judgments valid after Amend. ments.

Records to

be drawn up

or other Person, and thereupon the Trial shall proceed as if no such Defect had appeared.

XVIII. And be it enacted, That every Verdict and Judgment which shall be given after the making of any Amendment under the Provisions of this Act shall be of the same Force and Effect in all 5 respects as if the Indictment had originally been in the same Form in which it was after such Amendment was made.

XIX. And be it enacted, That if it shall become necessary at in amended any Time for any Purpose whatsoever to draw up a formal Record Form, with- in any Case where any Amendment shall have been made under 10 out noticing the Provisions of this Act, such Record shall be drawn up in the Form in which the Indictment was after such Amendment was made, without taking any Notice of such Amendment.

the Amend

ments.

Interpreta

tion Clause.

Repealing Part of 60 G. 3. &

1 G. 4. c. 4. as to the Tra

verse of In

dictments in Cases of Mis

demeanor.

66

XX. And be it enacted, That in the Construction of this Act the Word "Indictment" shall be understood to include "Information," 15 Inquisition," and "Presentment," as well as Indictment, and also any “Plea,” “Replication," or other Pleading, and any Nisi Prius Record; and that 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 that wherever 20 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 25 as Individuals, and several Matters and Things as well as one Matter or Thing; and that 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.

30

XXI. Whereas it is expedient to alter the Law which permits Parties prosecuted for Misdemeanor to traverse the Indictments upon which they may be charged: Be it therefore enacted, That so much of a certain Act of Parliament passed in the Sixtieth Year of the Reign of His late Majesty King George the Third and the First Year of the 35 Reign of His late Majesty King George the Fourth, intituled "An "Act to prevent Delay in the Administration of Justice in Cases of

66

Misdemeanor," as provides that "where any Person shall be pro"secuted for any Misdemeanor by Indictment at any Session of the "Peace, Session of Oyer and Terminer, Great Session, or Session of 40 "Gaol Delivery, within that Part of Great Britain called England,

"having

66

66

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 5" 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 shall be delivered at such "Session before the Jury shall be sworn for such Trial," shall be and 10 the same is hereby repealed.

to Traverse

XXII. And be it enacted, That no Person prosecuted for Felony Provision as or Misdemeanor after the passing of this Act shall be entitled to in Indicttraverse the Indictment found against him at any Session of the ments. Peace, Session of Oyer and Terminer, or Session of Gaol Delivery, 15 unless the Court, upon the Application of the Person so indicted, shall be of opinion that he ought to be allowed a further Time to prepare for his Defence, in which Case 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 20 may respite the Recognizances of the Prosecutor and Witnesses. accordingly.

XXIII. And be it enacted, That upon the Arraignment of any Pleas of Not guilty. Person for any Felony or Misdemeanor whatsoever such Person shall not be called upon to plead Guilty or Not guilty, but instead thereof 25 shall be asked whether he is guilty, or will be tried upon the Indictment upon which such Person then stands arraigned; and if upon being so called upon such Person shall say that he will be tried upon such Indictment, such Answer shall be recorded by the proper Officer of the Court, and in all all respects shall have the same Effect as a 30 Plea of Not guilty now has according to Law; and if when so called

upon such Person shall refuse to answer in manner aforesaid, such Person shall be deemed and taken to stand mute of Malice, and shall be subject to the Provisions of the Law in that Behalf.

A

BILL

ΤΟ

Enable Persons who refuse on religious Grounds to be sworn to substitute an Affirmation for an Oath.

[Note. The Words printed in Italics are proposed to be inserted in the Committee.]

W

HEREAS divers Sects of Dissenters, entertaining conscien- Preamble. tious Objections to the taking of an Oath, have been admitted by different Acts of Parliament to make their solemn Affirmation in lieu thereof; and it is expedient that the like 5 Relief shall be extended to all Persons who believe the taking any Oath to be forbidden by their Duty towards God: 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,

in

Evidence or

10 That from and after the passing of this Act, in all Cases in which any Persons Person, either in the United Kingdom of Great Britain and Ireland or objecting on religious any of Her Majesty's Foreign Dominions, Plantations, or Colonies, Grounds to shall be lawfully required to give Evidence or submit to Examination be sworn to vivâ voce or in Writing upon Oath, and such Person shall, upon such Examination 15 Oath being tendered to him, state that he believes the taking of any Court think Oath to be forbidden by his Duty towards God, it shall be lawful for fit) be adthe Court or other Authority under whose Direction or Sanction such mitted to Oath shall have been required to allow the Person making such 71. Statement

may (if the

affirm.

Persons may

the Clerk of

Statement as aforesaid to substitute his solemn Affirmation for an Oath, which said Affirmation shall be adjudged and taken to be of the same Force and Effect in all Courts of Justice and other Places where by Law Evidence or Examination upon Oath is or may be required, as if such Person had taken an Oath in the usual Form.

5

II. And be it enacted, That it shall be lawful for any Person to appear before appear before the Clerk of the Peace in England or Ireland, or before the Peace or the Sheriff's Clerk in Scotland, of the District or Place wherein such Sheriff Clerk, Person shall reside, and for any Person resident in any of Her or (in the Colonies) Majesty's Foreign Dominions, Plantations, or Colonies to appear 10 before a spe- before a special Officer to be appointed for that Purpose by the cial Officer, Governor, or any Person acting in that Capacity or on his Behalf, Declaration and to make and subscribe, in a Book to be kept for that Purpose by of their Ob- the said Clerk of the Peace, Sheriff's Clerk, or special Officer, the following Declaration; (that is to say,)

and make a

jection on religious Grounds to

obtain a Cer

an Oath, and A.B. of C. do solemnly and sincerely declare, That I believe the taking of any Oath to be forbidden by my Duty towards 'God.'

tificate of such Decla. ration.

Persons obtaining such

15

And thereupon, and upon Payment of a Fee of Two Shillings and
Sixpence to such Clerk of the Peace, Sheriff's Clerk, or special 20
Officer, a Certificate signed by him shall be delivered to the Person
making such Declaration.

III. And be it enacted, That every Person who shall be lawfully be admitted required to make Oath otherwise than in respect of giving Evidence or submitting to Examination shall, upon producing such Certificate 25 as aforesaid, be permitted to substitute his solemn Affirmation for an Oath, and such Affirmation shall be adjudged to be of the same Force and Effect as if the Person had taken an Oath.

to affirm in all Cases

except in giving Evi. dence or in Examination.

Persons making false Statements

tion to be

IV. And be it enacted, That every Person making solemn Affirmaon Affirma- tion under or by virtue of this Act shall be subject to the same 30 Liability and Punishment in all respects, in case of his or her making any wilfully false and corrupt Statement, as if such Statement had Manner as if been made on Oath instead of Affirmation.

punished in

the same

the Statement had been made on Oath.

Act not to affect Pri

vileges conferred by former Acts.

V. Provided always, and be it enacted, That nothing in this Act contained shall be held to affect the Privilege of Affirmation already 35 possessed by any Persons whatsoever under any previous Act or Acts of Parliament.