Criminal Law Act 1852 (SA)

No. 4.

An Act to a d y ~ t a certain Act o f Rwlicrment entitled " An

Act for further impnwing 1/18 Ad~niniStrution	o f C?r.irninal
Justice "

[Assented to l l th October, 1852.1

an Act was passed in the fifteeath year of the

Reign of Iler present Majestv, entitled i L An Act for the

further improving the ~dlnillistrnti6n of Criminal Justice," and it

is expedient that the provisions of such Act should be adopted in

this Yrovirice:

Be it therefore Enacted, by the Lieutenant-Governor of South Australia, with the advice and consent of the Legislative Council thereof, That, from a id after the passing of this Act, the said Act for the furthcr improving the administration of criminal justice shall have the force of law, and be applied in this Province, in like manner as other laws of England are therein applied: Provided that nothing in the said ..\et contained s l d l be held to repeal or vary the pro-

visions of a certaiu-Qrdiuatice, No. 2 of 1849, For the liernovd of

. --

Defects in the h d m i ~ & t o n	of Criiiiinal Justice."
JOHN MORPHETT, Speaker.

.

Passed the Legishtiue Cozrncil this Ewenty-

eighth, duy of Sqjfember, one t / ~ o u s ~ n d

eight /l U?! died mt d $@J- t u.o . J

F. C. SINGLETON,

Clerk of' the Lcgisbtive Council.

In the name and on the behalf of Her Majesty I assent to this Act.

H. E. F. YOUNG,

1,ieutenaut-Governor.

Govertnucnt House, Adelaide,

October 11, 1852.

F ,let

ACT OF PARLTAMENT REFERRED TO.

ANNO DECIMO QUARTO & DECIMO QUINTO

An Act for fhrther improving the Administration of Criminal Justice.--

[7th August, 1851.1

WHEREAS offenders freqr~ently escape conviction on their trials

by reason of the technical strictness of criminal proceedings in

matters not material to the merits of the case: And whereas such technical strictness may safely be relaxed in many instances, so as

t;, ensure the punishment of the guilty, without depriving the

accused of any just means of defence: And whereas a failure of justice often takes place on the trial of persons charged with felony and misdemeanor by reason of variances between the statement in

$he indictment on which the trial is had and the proof of names, dates, matters, and circumstances therein mentioned, not material

to the merits of the case, and by the mis-statement whereof the person on trial cannot have been prejudiced in his defence: Be it therefore 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:

'The Court may

amend certain vari- l. From. and after the coming of this Act into operation, when-

rnces not material to ever on the trial of any indictment for any felony or misderneanor

the merits of the

and b which the	there shall appear to 6e any variance betwken t h e statement in such
defedmt cannot be	indictment and the evidence offered in woof thereof. in the name of

prejudiced in his

defence, and mav	any County, Eiding? Division, City, horoush, Town Corporate,
either proceed wrth	Parish, Townshi, or Mace mentioned or descrded in any such in-

; ~ ~ ~ " & & t: ~ ~ dictment, or in t R e name and description of' any persou or persons,

m e or anotherJury. or body politic or corporate, therein stated or alleged to be the

owner or owners of any property, real or personal, which shall form the subject of any off'enee charged therein, or in the name or description of any person or persons, body politic or corporate, therein stated or ;lleged to be injured or damaged or intended to be injured or damaged by the commission of such offence, or in the Christian name or surname, or both chistian name and surname,

or other description whatsoever, of any person or persons whom-

socvcr t11erc;iu named or described, or in the name or description of any matter or thifig whatsoever therein named or described, or in the ownership of auy property named or described therein, it shall and may be lawfit1 for the Court before which the trial shall be had,

if it shall consider such variance not material to the merib of the

c-,

case, and that the defendant cannot be prejudiced thereby in his defence on such merits, to order such indictment to be amended, according to the proof, by some Officer of the Court or other person, both in that part of the indictment where such variance occurs, and in every other part of the iiidictlnent which it ruav become necessary to amend, on such terms as to postponiiig the ts&l to be liad before the same or another Jury, as such Court shall thitik reasonable; and aiter any such amendment the trial shall proceed, whenever the same shall be proceeded with, in the same n~anner in all respects, and with the same consequences, both with respect to the liability of witnesses to bc indicted for perjury and otherwise, as if no such variance had occrrrred; and in casc such trial shall be had at Nisi Prius the order for the amendment shall be endorsed on the postea, and returned together with the record, and thereupon such papers, rolls, or other records of the C o ~ ~ r t from wliich such record issued as it may be necessary to atnend shall be amended accordingly by the proper Officer, and in all other cases the order for the amend- ment shall either be eiirlorscd on the indictment, or shall be engrossed

on parchment, and filed, together with the indictment, among the

records of the Court: Provided that in all such cases wliere the trial shall be so postponed as aforesaid, it shall be lawful for such Court to respite the recognizttnces of the prosecutor and witnesses, and of the defendant, and of his surety or sureties, if any, accordingly,

In which case the prosecutor and witnesses shall be bound to attend

to prosecute and give cvidence rcspcctively, and the defendant shall be bomd to attend to be tried, at the time and place to which such trial shall be postponed, without entering into m y fiesh rccogni- zances for that puzpose, i ~ i such and the same manner as if they were originally bound by their rccognizances to appear arid prosecute or give evidence at the time and place to which such trial shall have been so postponed: Provided also, that where any such trial dial1 be

.to be had before another Jury the Crown and the tlefenhit shall

respectively be entitled to the snme challenges as they were reBpec-

tively entitled to before the first Jury was swonl.

2. Every vcrdict and judgment wliich shall be given after the Verdicts and P d a -

making of any amendment under the provisions of this Act shall ments valid after	amendmenta
he of the same force slid effect in all respects as if the indictment had originally beell in the same form in which it was after such amendment was made.

3. If it shall become necessary at any time for any purpose Recordsto bedrawn

whatsoever to draw up a formal record iin any case wliere any ailhoor up in amended form

amendment shall have been made under the provisions of this Act, amendments.

such record shall be drawn up in thc form in' which the indictment

was after such amendment was made, without taking any notice of

the fact of such amendment having been made.

. In any indictnlent for murder or manslaughter preferred after The the Injury means was by in-

the coming of this Act into operation it shall not he necessary to flicted need not be

@et forth the manner in whic); or the means by which the death ; ~; ~ e ~ ~ ~; ! ~; ~ - u d

of manslaughter.

of the deceased was caused, but it shall he sufficient in every in- dictment for murder to charge that the dcfcndant did feloniously, wilfully, and of his malice aforethouglit kill and murder the deceased, and it shall be suficicnt in every indictment for mm- slaughter to charge that the defendant did ffclniously kill and slay the deceased.

in cafes of forgery 5. In any indictment for foging, uttering, stealingl embezzli y, Of indictment

and uttering, sLea1in.a destroying, or concealing,, or of obtaining by false pretences any

instrument, it shall be sufhcieut to describe such instrument by any

and obtaining embezzling~ by fdso Or

preteucea nanw or designation by which the sanie may .~~suslly be known, or by the purport thereof, without setting out any copy or fac- simile thereof, or otherwise describing the same or the value thereof.

i n ~ n ~ a ~ i n g &C. platm 6, In any indictment for engraving or making the whole or any

part of any instmment, matter, or tllilig whatsoever, or for using

*

or havinq the unlawful possession of any plate or other ~naterid

upon wwliich thc whole or any part of zky i~~strument, matter, or tliiug whatsoever sllall have beell engraved or madc, or for having the unlawful possession of m y paper upon which the whole or any part of any instrument, matter, or thins whatsoever shall have bee11 made or printed, it shall be sufficient to dcserihe such instrument, matter, or thing by any name or designetion by which the name may be usually known, without sctting out sug copy or fac-simile of the whole or any part of such instrument, matter, or thing.

I n other eases . 7. In all other cases wherever it shall be necessary to make any

averment in any indictment as to any instl.uinent, whether the same consists wholly or in part of writing, print, or figures, it sliall be sufficient to describe such instruincnt by any name or designation hp which thc same may bbc usually known, or by the purport thereof, without setting out any copy or fiac-siinile of the whole or

my part thereof.

tentto to defraud par- 8, From arid after the coin in^. of this Act into operatiou it W

ticular persons need shall be sufficient in any indictment for forging, utterink offering,

,, ,,,,, ,,

proved in cams of

forgery, uttering, or	disposing of, or puttiilg off any instrunient whatsoever, or for
false pretences.	obtaiuing or attempting to obtain any property by false pretences, to allege that the defenclant did the act with iiitelit to defraud. withoui' alleging the intent of thc defendant to he to defraud any particular person; aiid on the trial of any of the offences in" this section *mentioned, it s l d l not be &cessnry to prove an intent on the part of the defcadant to defraud any particular person, but it shall be safficiernt to prove that the defendant did the act charged with an intent to defraud.
felony or misde a

A party iudictcd for 9. And whereas offcndess ofien escape conviction by reason that

memior r11:ry be such persons ought to have been charged wit11 attcilipting to commit

fvu~ld guilty of offences, and not with the actual coinlnissioll thereof: For rcnicdy

attempt to cuirtruit the

same, alld shall be thereof be it Xnactcd, That if on thc trial of any person charged

liaWo to tllc with any felony or misdemeauor it shall appear to the Jury upon' the

consequeneea ss if

the evidence that the defcndant did not complete the offeaee	charged with and
charged, but that hc was guilty only of an attempt to commit the	convicted of tha
same, such person shall not by reason thereof be entitled to be	attempt only.
acquitted, but the Jury shall be at liberty to return as their verdict that the defendant is not guilty of the felony or rnisdemeanor charged, but is guilty of an attempt to commit the same, and thereupon such person sliall be liable to be pullishecl in the same riminer as if he had been coiivieted upon an indictment for attempt- ing to eonimit tlic particular felony or misdeemeanor charged in the
No person so tried ta

said indictnlcnt; a d rm persou so tried as herein lastly nrentioued be afterwards prom-

shall be liable to be afterwards prosecuted for an attempt to commit	cated for the mme.
the felouy or inisdellieanor for wliicll he was so tried.
Repeal of the l l t h
10. And whereas it is enacted by a certain Act of Parliament passed in the first year of the reign of 1Icr present Majesty Queen	Section of 7 W. 4. dc
l Qict. c. 85.
Victoria, intituled "An Act to amend the Laws relating to Offences against the person,7' that '&on the trial of any person for any of the offences therein-before inentioned, or for my felony whatever where the crime chared shall include an assault against the person, it slinll he lawful for the Jurv to acquit of the felony, and to find a verdict of guilty of asa;mli n e n s t the person indicted, if thc wirtcncc s ld l marraut such finding:" And whcreas grcat ctifficnlties liavc arisen in the construction of such Enactment: For remedy tllereof bc it onacted, That the said Enactment shall be and the same is hereby repealed.
On t l ~ c trial of an

11. If upon tlrc trial of a11~ person up011 any indictnicnt for indictment for rob

roblmy, it slinll appear to t l k ?Jury upon the evidence that the	bery the jury may
convict of an assault

=

defeiidaut did not coninlit the crime of robbery, but that he did	with intent to rob.
coininit a,n ass:iult with intent to rob, the defendant shall not by remon thereof bc cntitled to be acquitted, but the Jury shdl be at libertv to return as tllcir verdict that tlic defendant is guilty of an assadt wit,h inteut to rob. and thercm~on such defeucht shall be

liable to be nuuislicd in th; same mana& as if he had becri convicted

upon an inhictmmt for feloniously assaulting with intent to rob; and ~ $ F:tfe-to ~ ~ ~ r ~

no person so tried as is herein l:l'stlv n~mtioiicd shall be liable to be cuted for the same.

aft&wards prosecuted for an assault with intent to commit thc

robbery for wllich he was so tried.

12. If opon the trial of any person for any misdenlewor it person trii.a for 1 4

misdemeanor not to / k, *

shall appear that the facts given in evidence amount in law to a be ;lquilled i f the l

felony, such persou sliall not by reason thereof be entitled to he oitimce turn out to bo felony, unless the

acqdtted of such misdcmrallor; and no ~ W S O I I tried	for such court so directt
~nisdcaieailor s l i d be liable to be afterwards prosecuted

for felony \,

on the same facti., unless the Court before-which such trial nx&

be had slid1 thinli fit, iu its discretion, to discharge the Jury from @+g m y verdict upon wch trial, and to direct such person to be ind~cted for felony, in which case such person may be dealt with in all respects as if he had not bccn ptlt upon his trial for such misdemeanor.

13. U upon the trial of any person indicted for embezzlement Person indicted RX

G as

rmbdemcnt sa n

Clezk, &C., not to be	ss a clerk, servant, or person employed for the purpose or in the
acqnittad if the	eapacity of a clerk or servant, it shall be proved that he took the
offence turn out to
be larceny, and vice	property in question in any such manner as to amount in law to
vw.s(I.	larceny, he shall not by reason thereof be entitled to be acquitted, but the Jury &all be at liberty to return as their verdict that such
person is not guilty of embezzlement, but is guilty of simple larceny, or of larceny as a clerk, servant, or person employed for the purpose or in the capacity of a clerk or servant, as the case may be, and thereupon such person shall be liable to be punished in the same manner as if he had been coi~victed upon an iudictment for such larceny; and if upon the trial of any person indicted for larceny it shall be proved that he took the property in question
in any such manner as to amount in law to embezzlement, he shall not by reason thereof be entitled to be acquitted, but the Jury shall
be at liberty to return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement, and thereupon such person shall be liable to bc punished in the same manner as if he had been convicted upon an indictment for such cmbezzlcment; and no person so tried for embezzlement or larceny as aforesaid shall be liable to be afterwards prosecuted fbr larceny or embczzle- ment upon the same facts.
for jointly receiving,

Upon an indictment 14. If upon the trial of two or more persons indicted for jointly

persons guilty of	receiving any property it shall be proved that one or more of such
reparately receiving	persons separately received any part of such property, it shall be
may be co~victed.	lawful for the Jury to convict upon such iudictnleut such of the said persons as shall be proved to have received any part of such property.

Separate accessaries	15. And whereas it frequently happens that the principal in n
and receivers may be

included in the sane	felony is not in custody or amenable to justice, although several
indictment in the
absence of the prin-	accessaries to such felony or receivers at different times of stolen
cipal felon.	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 rimy be clmrgcd with
principal felon shall not be included in the same indictment, or shall substantive felonies in the same indictment, notwit1lst:lnditlg the
not be in custody, or amenable to justice.
the same person

Three larcenies from 16. It shall be lawful to insert several counts in the same

within s i x months	indictment against the same person for any number of distinct
may be includcd in
the same indictment.	acts of stealing not exceeding three, which may have beeu corn- mitted 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 thereon for all or any of them.
Where acingle taking

is charged, the prose- l?. If upon the trial of any indictment for larceny it shall

cutor required to appear that the property alleged in such itldictment to have becn

elect,	that there were more it &ppear stolen at one time was taken at different times, the prosecutor
than three hkingn, or s h d not by reason thereof be required to elect upon which taking

six mollti1s he will proceed, unless it shall appear that there were more than

three

three takings, or that more than the space of six calendar months	bctween the drat and
last taking.
elapsed 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 procced for such number of takings,. not exceeding three, as appear to liave taken place within the period of six calendar mouths from the first to the last of such takings.

18. I11 every indictment in which it shall be necessary to make	Coin and bank notes
miLy be described

my averment as to any money or m y note of tlic Bank of England

simply as money.

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 resards the description of the property, shall be sustained by proof of any amount of coin or of any balik note, altllough the particular species of coin of which s&h amount was composed, or the particular nature of the bank note, shall not be proved, and in cases of embezzlement and obtaining tnoney or bank uotes by false pretences, by proof that the offender enlbczzled or obtained any piecc of coin or any bank note, or any portion of the value thereof, although such piece of coin or bank note may have been dcliveretl to him in order that some part of the value thereof' sl~ould be returned to the party delivering the

same, or to ally other persoli, and sucl~	part shall have been re-
turned accordingly.

19. Wliercas hy an Act of I':rrli:lrncilt passed in England in the twenty-third rkar of the rcign of IIis late Majesty King George	Certain provisions of
23 G. 2,c. 11, and 31
G. 3, c. (I.) extended.

the Second, iutitded " An Act t u rcuder Prosecutions for Pcrjury and Subornation of l'cr-jury more easy and efl'ectual," and hy a certain " " otlm Act of Padi:ment made 61 Ireland in the thirt$first year of the Reign of His late Majesty King George thc Third, iuti- tuled An Act to render ~rosecaiions for Perjury a id Suboruation of Perjurv inore easy and e%:ctual, and f'or affirming the Juris- diction' ofUthc Qonrter Sessions ill cases of Perjury," certain Provi- tions were made to preveut persoils guilty of perjury arrd suborna- sion of petjrnry fiorrr escaping punishmeat by reason of the diffi-

cdties attenclhS such prosecutions: And wl~erens it is expedient to Any Court, Judge,

nmwd m d cst&icl the &me : Be it Enactcd, That it shnll'nnd may J~st icc, &C.¶ clay direct u person guilty

I:e lawful for the Judges or Judge of nriy of the superior Courts of .f,,fiUry ;,I , , ,

Common Law or Equity, or for any of ~ e r ' M a j e s t ~ ' s Justices or Corn- ovidcnc" bu

prosecuted;

missioners of Assize, Nisi l'rilxs, Over aud Ternliner. or GaolDeliverv. or f'or any Justices 'of the Peace, Recordcr or neputy liecord&; Chairman, or other J u d p, holding any General or Qnarter Sessions of the Peace, or for any Commissiorier of Baukruptcy or 1nsolvenc)-, or far any Judge or T)epnty Judse of any County Court or siy Court of Record, or for auy Justlces of' the Peace in Specid 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 he 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, exanhiation,

answer, or other proceeding made or tnkrn befbre him or them, to

direct

direct such person to be prosecuted for such perjury, in case there shall appear to him or thcm a reasonable cause fbr sucli prosecution,

" e ~ r t y, and tdiornmit such person so directed to be prosecut6d until the

unless he enter into

recognizances to next Session of Oyer and Terminer or Gaol Delivery for the County or other district within which such perjury was committed, unless

Pear trial, and bind persona his

to pire evidonce; auch uerson shall enter into a recoanizance. with one or more

-

U

suffici& 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 m y person he or they may think fit to enter into a recognizance, conditioned to prosecute

or &e evidence against such nerson so directed to be nrosecuted as U

and gire certificate of	aforesaid, and to '&e	to the ;arty	so bound to pro~ecute a cer-
prosecution, being

directed, which shall	tificate of the same being directed, which certificate shall be given
be suEcient evidunce
ef the name.	without any fee or charge, and shall be deemed sufficient proof' of such prosecution havim been directed as aforesaid; and upon the prod&ion thereof the costs of such prosecution shall and arehereby required to be allowed by the Court before which any person slli~ll
be prosccuted or tried in pursuance of such direction as afores:iid, unless such last-mentioned Court shall specially otherwise direct; and when allowed by any such Court in lrcland sucli sum as s l d l be so allowed shall he ordered by the said Court to be plzid to the prosecutor by the Treasurer of the County in which such offence shall be alleged to have been committed, and the ssme s11:dl be presented for, raised, and levied in tbe same manner ss 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 cvidcrlce upon any trial to be had against any person upon a prosecution so directed as aforesaid.

Extending tllc 23 G. 20. In every indictment foor peYj~ry, or for ~nla\~filllp, wilflllly,

! & ~ n ~ ~; , 8; ~ A ~; ~; ~	falselyl fiaudulentlyl deceitfully, nmliciously, or corruptly taking,
fying indictments for	making, signing, or subscribing any oath, afirniation, declaration,
perjuryand

offences. Otller like affidavit, deposition, bill, answer, notice, certificate, or other writing,

it shall be sufficient to set forth the substa,nce of the off'ence

the oath, affirmation, declaration, affidavit, depositiou, bill, answer,	charged upon the defendant, and by what Court or before wliorll
notice, certificate, or other writing, was taken, made, signed, or subscribed, without setting forth the bill, mswer, information, in- dictment, declaration, or any part of' any proceeding either in law or in equity, and without setting forth the comn~ission or authority of the Court or person before whom such offence was committed.

2 1. h every indictment for subornation of pwjury, or for

Exten'iing

2, C 11, S 2, as " t o G.

qmfi o:. i~r:k:m?nts corrupt bar9zining or contracting with any person to commit wilful

%W P.11) ml ' i t~(~11 of

,:, , , , , ,,,,, ut,,c,. iil,, m d corrupt perjury, or for incitiiig, causing, or procuri~g any person

o.il-xes. I urin W h l l y, wiEully, falsely, fraudulex~tly, deceitfully, nialiciously, or

c o ~ ~ n l j k l y to talccl make, sign, or subscribe any oath, affirmation, dcclarntion, affidavit, deposition, bill, answer, notice, certificate, or

other wriiLig, it sliall be sufficient, wherever such perjury or other u f h c e nfclrcsttid shall have been actually committed, to allege the

offence

oirence of the pwson who actllnlly committed such perjury or other offeuce in the nlalinm lzcrein-before mentioned, and then to allege that tlle defeliclnnt uiiln~vfi~lly, wilfully, and corruptly did cause and procure the said pcrsou the mid offence. in inanncr and form afore- said, to do and commit; and wherever such pwjury or other offence aforesaid slzdl not have been actually colninittcd, i t slslldl be sufficient to set forth the substance of the ofkeim charged upon the defend- ant, mithout setting forth or merring any of the matters or things herein-before rcnclerecl mmeczss:wy to be set forth or averred in the

case of wilful and cor~upt p e ~ j ~ w y.

22. A certific:~te cont:dning the suhstmce m d eflect only (omitting the formal part) of the intlictinent and trial for any feloi~y or iuideiuea~lor, 'purporting to be s i g d by thc clerk of tlie Court or other officer linving the custody of the records of tllc Court w1ler.c such indi~t~mcnt v n s tried, or by the dcpi~ty ol' such clerk or other oEccr, (for wl~irh certiiicnte a fcc of S& Slrillillgs and Eixhtl)eilce and no more sl~nll be thiandeci or taken,) sllnll

upon tlrc trial of any inghtmcnt Ibr pc r j~z~y or suborliatiorl of per-

jury,	\)P	s~~f i c i en t	evidence or the trid oi' such ilidictment f i i r klony
..

or misclcmennor, without proof of tllc sipnat~urc	or official c !~l.iracter
of the pcrson appearing to have signed the same.

23. T t shall not be uecessnry to stntc any vcaue in tlzc body of	Vcnuc in the ~nsrgia
s~tficient, rxccpt

my iltdictmcnt, i ~ n t tllc conntf, city, or other jurisdiction named wlmc local dcxsjp-

in tllc nrnrgu tlweof shall be taken to be the vonuc for all thc tiofi is neccs.:wq.

fBcts stated m the boclv of s ~ w h inrlictment; provided t l u ~ t in cases

where local drscri1di&h is or l~crcaftcr sl~all bc required, such 1oc;rl description s'llall he given in thc body of the ilidictrnent; and pro- vided also, that wliere an inrlictinent fbr an offencc committed in the county of ally city or to1m corpor,~te s l d l Fe prcfcrred a t the assizes of the adjoining county, such county of tllc city or town d l d l be deenwd the venue, and may either bp stnted in &c nlsr(7in ?

of the indictlr~cnt, with or rnitlnj-ont the i x m e of thc county ill wlmh

the offender is to bc tried, or be btatetl in th body of the indictment

by way of vcnuc.

24. No ildctnient for any ofknw shall be held insufficient for want of the avcrnleut of aliy inattcr unnecessary to be proved, nor	\Thnl dcfccts shall not
ritinte nn indictn~cat.

for the on~issiou of tlle worhs "as appears by the record," or of

tlie words 'Cwitll forcc and arnis," or of the words LLagainsi; the peace," nor for the insertion of the words "against the fbrm of the Statute" instead of 'Lagainst the form of the Statutes, or vice versa, nor for that any person mentioned in the iiidictlnent is designated by a nslnc of ofii:cc, or other deseriptivc appellihon, indend of his proper name, nor for omitting to statc the time a t which the offence was con~nit~ted iu anv case where time is not of tlie essence of the offence, nor for sta&ng thc tirnc imperfectly, nor for stating the oflence to have been committed on a, day subsequent to the finding of the indictment, or on an i~npossible day, or on a day that never happened, nor for want of a proper or perfect venue, nor for want of

H a

a proper or formal conclusion, nor for want of or imperfection in

tbe addition of any defendant, nor for want of the stateloent of the value or price of any matter or thing, or the amomlt 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 ol~jections t o

intlictments shall be 25. Every objection to any indictment for any fonnal defect

t;iLen Lefuro Jlirj	appill'cnt on the face tltercof shall be tukcn, by demurrer or motion
81'0r11- Collrtmay
amend any formal	to quash such indictmcut, bcfore the Jury shall bc sworn, ancl not
detect.	afterwards; and every Court before which any such obiection shall be taken f i r any forr;al defect may, if it be thought nec&sary, cause the iiidictment 'to be forthwith amended in such particular by some officer of the Court or other person, and thereupon tlle trial shall proceed as if no such defect had appeared;
K"pelillg lurk uf

Q. 3, ;tnd l G. 4, c. 2fi3 SO much of a certain Act of Parliament passed in the

4, to the t r awm sixtieth year of the reign of His late Majesty King. Geoge the Third,

* i j t ' indictments in

waics of ~nisden~~:moi-. intitulecl iLAh Act to prcvcnt delay ill the Athimstration of Justice

in cases of ~~ i sde rnca i~or .~~ as srovides that wlwc anv I D C ~ S O ~ shall

.l L

be prosecuted for any nlisde&eanor by indictment at any Session of dhe Peace, Sessioh of Oyer and 'i'eriiliner, Great ion, or Session of Gaol Delivery, within that part of Great Britain called England, or in Ireland, having becu corrmitted 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 sl~all proceed

thcrcupon, at s;ch	same Session of the Peace, Session of 0 j e r ancl
r 7

l emliner, Great Session, or Session of' Gaol Delivery respectively,

unless n writ of certiort-xri for removing such indictnlent into His hkjesty's Court of Iiiiig7s Bench at Wcsti~iinster 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.

T'm\i.inll 3 9 to tl-it-

JLrsing intlictmcntc;.	27. No person prosecuted shall be entitled to travcrsc or postpone the trial of any indictment foimd against hi111 at any Session of the	Yeace, Session of dyer and Terminer, or Session oi' Gaol 1)elivery:
Provided always, tlmt if the Court, upon the applic a t' lolz of tho person so indicted ov otherwise, sllall be uf opinion that he ought to he allowed a. further time, either to prepare for llis defence or otherwise, snch Court may adjourn the trial of such persorl to the
to such Court shall seem meet, and may respite the recognizances ' next subsequent Session, upon such terns as to bail or otherwise as
of tlw prosecutor and witnesses accorcliagly, 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 purposc.

l'wwbian pica 28. I11 any plea of autrefois conviet or antrefois acquit it shall be sufficient for any defendant to state that he has been lawfully convicted or acquitted (as tbc case may be) of the said offence charged in the indictment.

t)f uutrcfblb co~lvict or

, i t

29, Whenever

Punishment for ccr-

29. Whencver any person shall be convicted of any one of the oRences following, as an indictable misdemeanor; that is to say, any	tain indictable mis-
demeanors.
cheat or fraud puuishnblo at ccornn~on law; any conspiracy to cheat
or dcfraitd, or to extort money or goods, or falsely to sc&se of any
crime, or to obstruct, prevent, pervert, or defmt the coursc of pub- lic justice; any escape or rescue froul lawful custody on a crimiual charge; any public and indecent exposure of the person; any indecent assault, or any assault occasionin4 actual bodily harm; any xttelnpt to haye c a r d knowledge of a girl under twelve years of age; any public selling, or exposing for sale or to public view, of anv obscene book, print, picture, or other indecent exhibition; it shalldbe lawful for the Court to sentence the offender to be impri- soned for m y tern1 now warranted by law, and also to be kept to hard labor during the whole or any part of such term of in~prison-
men t.

30. In the construction of this Act the word indictment" shall Interpret,ation of

be mislerstood to include inforniation," " inquisition," and " pre-	terms.
sentment," as well as iridictruent, and also any "plea," "replication,"
or othcr pleading, ancl any Nisi Prius record; and the terms
"fincling of the irdictment" sliall bc nndcrstood to irlcludc "the .. a txliiug of' ail inclwsit~on," "the exhibiting of an information," and the nlaliing n prescntmeiit ;" and wllerever in this Act, in describing

or referring to any person or party, matter or t h i ~ any word

S!

importing the singular number or inasculine gender is used, tlw same shall be uiiderstood to iilclude and s l ~ d l be applied to several persous 2nd parties as well as onc person or party, and females as well as males, and bodies corporate as well as individuals, and several matters ancl tl:ings as well us one matter or thing; and the word

'' prolwrty" shall be uuc2erstood to include goods, chattels, money,

vali~able securities, and every other matter or thing, whether real or persoual, upon or vith respect to which any offence lnny be coin- mitted.

31. This Act shall come illto operation on the first day of Come"ccm'nt Act.

September, one tl~ousand eight huaclred and fifty-one.

32. Nothing in this Act shall extend to Scotland.	Not to csiend to
Scotland.