Sivut kuvina

c. 4.


The Ct. or Judge may, if sufficient cause is 60 G. 3.

and I G.4.
shewn, allow further time to plead or demur.

Where any person prosecuted for any misd. by s. 3.

indict. at any sessions of the peace, or of
0. and T. or gt. sess. or sess. of gaol del.
in Gt. Brit. or Irel. and comm. or held to
bail 20 days at least before the sess. at which
the ind, shall be found, he shall plead (a)
and the trial shall proceed thereupon, unless

removed by certiorari. Id. s. 3.
The certiorari may issue as well before ind. s. 4.

found as after. Id. s. 4.
If the defendant has not been comm. or held s. 5.

to bail for 20 days, or had notice to appear
at a subsequent sess. he shall plead and try
at that sess.

Id. s. 5.
In cities and towns corporate, ind. may

moved into the adjoining co. under 38 G. 3.
c. 52. and tried there under this act.


be re

S. 6.

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s. 7.

The Ct. may upon sufficient cause shewn, allow

further time (6) for pleading or for the trial.
Id. s. 7.

(a) In misd. the defendant has no right to traverse till the next sess. if he has been in custody or out on bail for twenty days or more.

(6) Where a defendant has been held to bail, or comm. for

60 G.3. and 1 G.4. 6. 4. s. 7.

In all prosecutions for misd. by the Attorney or

Solicitor General, the Ct. shall, if required,
direct a copy of the ind. or inf. to be given
after appearance to the defendant, his clerk

in Ct. or attorney free of expence, And if the prisoner shall not be brought to

trial within 12 cal. m. after a plea of not
guilty, the party may (after 20 days' notice
to the Attorney or Solicitor General), apply
to the Ct. who may (if they see just cause to
do so), authorise the defendant to bring on
the trial, unless a nolle prosequi iş entered.

But not to extend to prosecutions by inf. in the

nature of quo warranto nor for non-repair of

any bridge or highway. Id..
The venue in cases of murder and manslaughter.
Where a person being feloniously stricken,

poisoned, or otherwise hurt upon the sea, or
at any place out of England, shall die of
such stroke, &c. in England, or being so
stricken, &c. at any place in England, shall
die of such stroke, &c. upon the sea, or at

9 G.4.

c. 8.

more than 20 days on a charge of fel. and the bill before the grand jury is returned “no true bill,” but a bill for a misd. in attempting fel. is found, the defendant is entitled to traverse. Rex v. James, 3 Car. & P. 222.

c. 31.


C. 64.


any place out of England, every such off. 96. 4. whether in



it shall amount to murder or manslaughter,
or of being an accessory before the fact of
murder or after the fact of manslaughter,
may be tried and pun. in the co. or place in
England in which the death, stroke, &c. shall
happen, in the same manner in all respects,
as if the offence had been comm. in that co.

or place. 9 Geo. 4. c. 8. s. 31. Venue in offences on the borders of counties. When a fel. or misd. is comm. on the bound. or 7 G. 4.

bounds. of 2 or more cos. or within 500 yds.
thereof, or shall be given in one co. and be
completed in another, every such fel. or misd.
may he tried and pun. in either co. 7 Geo. 4.

c. 64. s. 12.
As to offences comm. on persons or property on

coaches, &c. or inland navigation. Where a fel. or misd. is comm. on any per- s. 13.

son or property in or upon any stage coach,
waggon, cart, or other carriage whatever,
employed in any journey, or on any person
or property on board any vessel whatever
employed in any voyage or journey on any
navigable river, canal, or inland navigation,
such fel. or misd. may be tried and pun. in
any co. through any part of which such

c. 64.


c. 108.

INDICTMENT-continued. 76.4.

coach or vessel shall have passed in the course of the journey or voyage, during which the fel. or misd. shall have been

comm. And in all cases where the side, centre, or other

part of any highway, or the side, bank, centre, or other part of any such river, canal, or navigation, shall constitute the bound. of any two cos. the fel. misd.


be tried and pun, in either co. 7 Geo. 4. C. 64. s. 13. 6 G.4.

In offences relative to the customs or excise any

indict. or inf. found or prosecuted for any offence against any of the acts relating to the customs, may be tried and determined in

any co. in England. 6G.4. c. 108. s. 77. 7&86.4. Offences relative to the excise may be tried and

determined in any co. in England, if the offence is comm. in England or the islands thereof, or in any co. in Scotland, if the offence is comm, in Scotland, or any of the islands thereof, or in any co. in Ireland, if the same is comm. in Ireland, or in any

of the islands thereof, and whenever any person shall be conv. of resisting officers of the excise, the Ct. may pass sentence of Impr. with H. L. not ex. 3 yrs. either in add. to or in lieu of any other

pun. or


may by law be inflicted or imposed, and he shall

c. 53.

c. 64.

INDICTMENT—continued. sufter the sentence in such place as the Ct. 7 & 8 G. 4,

c. 53. direct. 7 & 8 Geo. 4. c. 53. s. 43. As to offences comm. in a co. of a town. See

Exclusive Jurisdictions, p. 49, ante.
Respecting the want of a perfect Venue.
No judgment upon an indict. or inf. (a) for fel. or 76. 4.

misd. whatever, after verdict or outlawry, or
by confes. default or otherwise shall be stayed
or reversed (6) for want of averment of any
matter unnecessary to be proved, nor for the
words 66
as appears by the record,” or

" with
force and arms,” or “ against the peace,"
nor for not inserting the words “ against the
form of the statute," instead of the words

against the form of the statutes,” or vice versa, nor for not designating any person or persons by name of office or descriptive appellation, instead of his, her, or their proper name or names, or for omittng to state the time at which the off. was comm. where time is not of the essence of the off., nor for stating the time imperfectly, or for stating the

(a) This provision does not extend to informations in the crown office, other than for misdemeanors, or to inquisitions before coroners.

(b) In preparing an indictment or information, it may still be advisable not to leave out any of the usual technicalities; for advantage may be taken of the want of them, on de.


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