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be indicted of any offence for which, by virlue of any former statute, such person was excluded from the benefit of clergy, if convicted by verdict or confession, such person should not be admitted to the benefit of clergy under any of the circumstances therein enumerated: And whereas it is expedient to extend the like remedy to all offences which now are or hereafter shall be excluded from the benefit of clergy: Be it therefore enacted, That if any per- Felonies withson shall be indicted of any offence for which, by virtue of this or of any out benefit of other statute or statutes made or to be made, the offender is or shall be excluded clergy profrom the benefit of clergy, such person shall be equally excluded from the be- vided for unnefit of clergy, whether he or she shall be convicted by verdict or by confes- der all cirsion, or shall upon arraignment stand mute of malice, or will not answer di- cumstances rectly to the charge, or shall challenge peremptorily above the number of consequent on

the indicttwenty persons returned to be of the jury, or shall be outlawed upon such

(3 W. indictment, although the statute or statutes taking away the benefit of clergy & M. c. 9. s. 2. in any such case may not expressly provide that the offender shall be ex. 12 G.3.c. 20.) cluded from the benefit of clergy, in case such offender shall confess, or stand mute, or not answer directly, or challenge peremptorily above the number of twenty persons returned to be of the jury, or be outlawed; and every thing herein contained shall extend as well to all accessories as to principals.

Vill. And, with regard to clergyable felonies, be it enacted, That if any Felonies withperson shall be indicted of any felony for which the offender is or shall be en- in benefit of titled to the benefit of clergy, and such person shall on arraignment confess clergy prothe felony, or stand mute of malice, or will not answer directly to the charge, vided for unor shall challenge peremptorily above the number of twenty persons returned der all cirto be of the jury, or shall be outlawed upon such indictment, in every such cumstances case such person shall be deemed and taken to be convicted of the felony, consequent on

the indictand the court shall award such judgment as if such person had been convicted

(12 G. by verdict ; and every thing herein contained shall extend as well to all acces- 3. c. 20.) See sories as to principals.

now 7 & 8 G. IX. And, for the more effectual prosecution of accessories before the fact 4. c. 28. Adto felony, be it enacted, That if any person shall counsel, procure, or com- dend 2d vol. mand any other person to commit any felony, whether the same be a felony Accessory beat common law, or by virtue of any statute or statutes made or to be made, fore the fact the person so counselling, procuring, or commanding, shall be deemed guilty may be tried of felony, and may be indicted and convicted, either as an accessory before as such, or as the fact to the principal felony, together with the principal felon, or after a substantive the conviction of the principal felon, or may be indicted and convicted of a felon, by any substantive felony, whether the principal felon shall or shall not have been court which previously convicted, or shall or shall not be amenable to justice, and may

has jurisdicbe punished in the same manner as any accessory before the fact to the same

tion to try the felony, if convicted as an accessory, may be punished; and the offence of the principal feperson so counselling, procuring, or commanding, howsoever indicted, may be the offence be enquired of, tried, determined, and punished by any Court which shall have committed on jurisdiction to try the principal felon, in the same manner as if such offence the seas or had been committed at the same place as the principal felony, although such abroad. (43 G. offence may have been committed either on the high seas or at any place on 3. c. 113. s. 5.) land, whether within his Majesty's dominions or without; and that in case the If the offences principal felony shall have been committed within the body of any county, and be corz mitted the offence of counselling, procuring, or commanding shall bave been com- in different mitted within the body of any other county, the last-mentioned oftence may counties, acbe inquired of, tried, determined, and punished, in either of such counties: cessory may be provided always, that no person who shall be once duly tried for any such tried in either. offence, whether as an accessory before the fact or as for a substantive felony, (2 & 3 Ed. 6; shall be liable to be again indicted or tried for the same offence.

c. 24. s. 4. 43

G. 3. c. 113. s. X. And for the more effectual prosecution of accessories after the fact to felony, be it enacted, That if any person shall become an accessory after the fact to any felony, whether the same be a felony at common law, or by virtue Accessory af

ter the fact of any statute or statutes made or to be made, the offence of such person may be inquired of, tried, determined, and punished by any Court which shall have may be tried jurisdiction to try the principal felon, in the same manner as if the act, by which has jureason whereof such person shall have become an accessory, had been com- risdiction to mitted at the same place as the principal felony, although such act may have try the princibeen committed either on the high seas or at any place on land, whether pal felon. within his Majesty's dominions or without; and that in case the principal if the offences felony shall have been committed within the body of any county, and the act be committed

5.)

tried in any

in different by reason whereof any person shall have become accessory shall have been counties, ac- committed within the body of any other county, the offence of such accessory cessory may may be inquired of, tried, determined, and punished in either of such counbe tried in

ties: provided always, that no person who shall be once duly tried for any either. (2.& 3 offence of being an accessory shall be liable to be again indicted or tried for Ed. 6. c. 34.

the same offence. S. 4.)

XI. And in order that all accessories may be convicted and punished in Accessory may cases where the principal felon is not attainted, be it enacted, That if any priobe prosecuted cipal offender shall be in anywise convicted of any felony, it shall be lawful to after convic

proceed against any accessory, either before or after the fact, in the same tion of the

manner as if such principal felon had been attainted thereof, notwithstanding principal,

such principal felon shall die or be admitted to the benefit of clergy, or parthough the

doned, or otherwise delivered before attainder; and every such accessory shall principal be not attainted,

suffer the same punishment, if he or she be in anywise convicted, as he or she &c. (1 Anne, should have suffered if the principal had been attainted. st. 2.c. 9. s.1.) XII. And for the more effectual prosecution of offences committed near the Offences coin

boundaries of counties, or partly in one county and partly in another, be it mitted on the enacted, That where any felony or misdemeanor shall be committed on the boundaries of boundary or boundaries of two or more counties, or within the distance of counties may

five hundred yards of any such boundary or boundaries, or shall be begun in be tried in one county and completed in another, every such felony or misdemeanor may either county. be dealt with, inquired of, tried, determined, and punished in any of the said (59 G. 3. c. 96. counties, in the same manner as if it had been actually and wholly committed s. 2.)

therein. Offences com- X111. And for the more effectual prosecution of offences committed during mitted during journies from place to place, be it enacted, That where any felony or misdea journey or meanor shall be committed on any person, or on or in respect of any property voyage may be in or upon any coach, waggon, cart, or other carriage whatever emploved in

any journey, or shall be committed on any person, or on or in respect of any county

property on board any vessel whatever employed on any voyage or journey through which the coach, &c. upon any navigable river, canal, or inland navigation, such felony or misde passed. (39 G.

mcanor may be dealt with, inquired of, tried, determined, and punished in 3.c. 27. and c: any county through any part whereof such coach, waggon, cart, carriage, or 96.)

vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county; 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 boundary of any two counties, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in either of the said counties through or adjoining to or by the boundary of any part whereof such coach, waggon, cart, carriage, or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the

same manner as if it had been actually committed in such county. In indictments XIV. And in order to remove the difficulty of stating the names of all the for offences owners of property in the case of partners and other joint owners, be it encommitted on acted, That in any indictment or information for any felony or misdemeanor, the property of wherein it shall be requisite to state the ownership of any property whatsoever, partners, it whether real or personal, which shall belong to or be in the possession of more may be laid in than one person, whether such persons be partners in trade, joint tenants, parany one part- ceners, or tenants in common, it shall be sufficient to name one of such perner by name,

sops, and to state such property to belong to the person so named, and another, and others, (56 G.3. c. 73.

or others, as the case may be ; and whenever, in any indictment or informa1 G. 4. c. 102.

tion for any felony or misdemeanor, it shall be necessary to mention for any 6 G.4.c. 56) purpose whatsoever, any partners, joint tenants, parceners, or tenants in con

inon, it shall be sufficient to describe them in the manner aforesaid ; and this provision shall be construed to extend to all joint stock companies and trus

tees. Property be- XV. And with respect to the property of counties, ridings, and divisions, be longing to it enacted, That in any indictment or information for any felony or misdecounties, &c.

meanor committed in, ipon, or with respect to any bridge, court, gaol, house may be laid in of correction, infirmary, asylum, or other building, erected or maintained in the inhabitants whole or in part at the expense of any county, riding, or division, or on or of the county.

with respect to any goods or chattels whatsoever, provided for or at the ei(43 G. 3. c. 59. s. 3.)

pense of any county, riding, or division, to be used for making, altering, or

overseers.

trustees.

repairing any bridge, or any highway at the ends thereof, or any court or other such building as aforesaid, or to be used in or with any such court or other building, it shall be sufficient to state any such property, real or personal, to belong to the inhabitants of such county, riding, or division; and it shall not be necessary to specify the names of any of such inhabitants.

XVI. And with respect to the property of parishes, townships, and hamlets, Property orbe it enacted, That in any indictment or information for any felony or misde- dered for the meanor committed in, upon, or with respect to any workhouse or poorhouse,

use of the poor or on or with respect to any goods or chattels whatsoever, provided for the

of parishes, use of the poor of any parish or parishes, township or townships, hamlet laid in the or hamlets, place or places, or to be used in any workhouse or poorhouse in or belonging to the same, or by the master or mistress of such workhouse or (55 G. 3. c. poorhouse, or by any workmen or servants employed therein, it shall be suffi- 137. s. 1.) cient to state any such property to belong to the overseers of the poor for the time being of such parish or parishes, township or townships, hamlet or hamlets, place or places, and it shall not be necessary to specify the names of all or any of such overseers; and in any indictment or information for any felony Materials, &c. or misdemeanor committed on or with respect to any materials, tools, or im- for repairing plements provided for making, altering, or repairing any bighway within any highways may parish, township, hamlet, or place, otherwise than by the trustees or commis. be laid to be sioners of any turnpike road, it shall be sufficient to aver that any such things of the surare the property of the surveyor or surveyors of the highways for the time being of such parish, township, hamlet, or place, and it shall not be necessary

veyor of high

ways. to specify the name or names of any such surveyor or surveyors.

XVII. And with respect to property under turnpike trusts, be it enacted, Property of That in any indictment or information for any felony or misdemeanor com- turnpike trusmitted in or on or with respect to any house, building, gate, machine, lamp,

tees may be board, stone, post, fence, or other thing, erected or provided in pursuance of laid in the any act of parliament for making any turnpike road, or any of the conve

(3 G. 4. c. 126. niences or appurtenances thereunto respectively belonging, or any materials,

s. 60.) tools, or implements provided for making, altering, or repairing any such road, it shall be sufficient to state any such property to belong to the trustees or commissioners of such road, and it shall not be necessary to specify the names of any of such trustees or commissioners.

XVIII. And with respect to property under commissioners of sewers, be it In indictments enacted, That in any indictment or information for any felony or misdemeanor for otřences committed on or with respect to any sewer or other matter within or under committed on the view, cognizance, or management of any commissioners of sewers, it shall sewers, the be suflicient to state any such property to belong to the commissioners of property may sewers within or under whose view, cognizance, or management, any such be laid in the things shall be, and it shall not be necessary to specify the names of any of commissionsuch commissioners.

XIX. And for preventing abuses from dilatory pleas, be it enacted, That no Indictment indictment or information shall be abated by reason of any dilatory plea of not to abate misnomer or of want of addition, or of wrong addition of the party offering by dilatory such plea, if the Court shall be satisfied by affidavit or otherwise of the truth plea of misof such plea ; but in such case the Court shall forth with cause the indictinent nomer, &c. or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea bad been pleaded.

XX. And that the punishment of offenders may be less frequently inter- What defects cepted in consequence of technical niceties, be it enacted, That no judgment shall not viupon any indictment or information for any felony or misdemeanor, whether tiate an inalter verdict or outlawry, or by confession, default, or otherwise, shall be dictment after stayed or reversed for want of the averment of any matter unnecessary to be verdiet, or proved, nor for the omission of the words “as appears by the record," or of otherwise. ihe words “ with force and arms,” or of the words “ against the peace," nor for the insertion of the words “ against the form of the statute,” instead of the words “against the form of the statutes,” or vice versa, nor for that any person or persons mentioned in the indictment or information is or are designated by a name of office or other descriptive appellation instead of his, her, or their proper name or names, nor for omitting to state the time at which the offence was commilled, in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for statiog the offence lo have been committed on a day subsequent to the finding of the indictment or

ers.

exhibiting the information, or on an impossible day, or on a day that never happened, nor for want of a proper or perfect venue, where the Court shall appear by the indictment or information to have had jurisdiction over the

offence. What shall not XXI. And be it further enacted, That no judgment after verdict upon any be sufficient to indictment or information for any felony or misdemeanor shall be stayed or stay or reverse reversed for want of a similiter, nor by reason that the jury process has been judgment after awarded to a wrong officer upon an insufficient suggestion, nor for any misthe verdict.

nomer or misdescription of the officer returning such process, or of any of the jurors, nor because any person has served upon the jury who has not been returned as a juror by the sheriff or other officer; and that where the offence charged has been created by any statute, or subjected to a greater degree of punishment, or excluded from the benefit of clergy by any statute, the indictment or information shall after verdict be held sufficient to warrant the punishment prescribed by the statute if it describe the offence in the words of

the statute. Courts may

XXII. And, with regard to the payment of the expenses of prosecutions for order payment felony, be it enacted, That the Court before which any person shall be proofthe expenses secuted or tried for any felony is hereby authorized and empowered, at the of prosecutions in all

request of the prosecutor or of any other person, who shall appear on recog. cases of felo- nizance or subpæna to prosecute or give evidence against any person accused

of ny. (58 G. 3. any felony, to order payment unto the prosecutor of the costs and expenses c. 70. S. 4.) which such prosecutor shall incur in preferring the indictment, and also pay

ment to the prosecutor and witnesses for the prosecution, of such sums of money as to the Court shall seem reasonable and sufficient to reimburse such prosecutor and witnesses for the expenses they shall have severally incurred in attending before the examining magistrate or magistrates and the grand jury,

and in otherwise carrying on such prosecution, and also to compensate them Allowance to for their trouble and loss of time therein ; and, although no bill of indictment persons at

be preferred, it shall still be lawful for the Court, where any person shall, in tending on re- the opinion of the Court, bona fide have attended the Court in obedience to cognizance, any such recognizance or subpæna, to order payment unto such person of such where no bill

sum of money as to the Court shall seem reasonable and sufficient to reim. is preferred.

burse such person for the expenses which he or she shall have bona fide in(18 G. 3. c. 19.

curred by reason of attending before the examining magistrate or magistrates, s. 8.)

and by reason of such recognizance or subpæna, and also to compensate such person for trouble and loss of time; and the amount of the expenses of altending before the examining magistrate or magistrates, and the compensation for trouble and loss of time therein shall be ascertained by the certificate of such magistrate or magistrates, granted before the trial or attendance in court, if such magistrate or magistrates shall think fit to grant the same ; and the amount of all the other expenses, and compensation, shall be ascertained by the proper officer of the Court, subject nevertheless to the regulations to be

established in the manner bereinafter mentioned. Courts may

XXIII. And whereas for want of power in the Court to order payment of order payment the expenses of any prosecution for a misdemeanor, many individuals are deof the expenses terred by the expense frona prosecuting persons guilty of misdemeanors, who of prosecution thereby escape the punishment due to their offences; for remedy thereof, be in certain

it enacted, that where any prosecutor or other person shall appear before any cases of misdemeanor.

court on recognizance or subpæna, to prosecute or give evidence against any person indicted of any assault with intent to commit felony, of any attempt to commit felony, of any riot, of any misdemeanor for receiving any stolen property knowing the same to have been stolen, of any assault upon a peace officer in the execution of his duty, or upon any person acting in aid of such officer, of any neglect or breach of duty as a peace officer, of any assault committed in pursuance of any conspiracy to raise the rate of wages, of knowingly and designedly obtaining any property by false pretences, of wilful and indecent exposure of the person, of wilful and corrupt perjury, or of subornation of perjury, every such court is hereby authorized and empowered to order payment of the costs and expenses of the prosecutor and witnesses for the prosecution, together with a compensation for their trouble and loss of time, in the same manner as courts are herein before authorized and empowered to order the same in cases of felony; and, although no bill of indictmeot be preferred, it shall still be lawful for the Court where any person shall have bond fide attended the Court, in obedience to any such recognizance, to order pay

ment of the expenses of such person, together with a compensation for his or
her trouble and loss of time, in the same manner as in cases of felony: pro-
vided, that in cases of misdemeanor the power of ordering the payment of
expenses and compensation shall not extend to the attendance before the exa-
mining magistrate.
xxiv. And be it further enacted, that every order for payment to any pro,

Order for paysecutor or other person as aforesaid shall be forthwith made out and delivered ment to be by the proper officer of the Court unto such prosecutor or other person, upon clerk of assize,

made out by being paid for the same the sum of one shilliog for the prosecutor and six

&c. and paid pence for each other person, and no more; and, except in the cases herein- by county after provided for, shall be made upon the treasurer of the county, riding, or treasurer. division in which the offence shall have been committed, or shall be supposed (58 G: 3.c.70. to have been committed, who is hereby authorized and required, upon sight s. 6. of every such order, forthwith to pay to the person named therein, or to any 18 G.3. c. 19. one duly authorized to receive the same on his or her behalf, the money in s. 8.) such order mentioned, and shall be allowed the same in his accounts.

XXV. And whereas felonies and such misdemeanors as are hereinbefore How the exenumerated may be committed in liberties, franchises, cities, towns, and penses shall be places which do not contribute to the payment of any county rate, some of paid in places which raise a rate in the nature of a county rate, and others have neither any not contributsuch rate, nor any fund applicable to similar purposes, and it is just that such ing to the liberties, franchises, cities, towns, and places should be charged with all costs, county rate, expenses, and compensations ordered by virtue of this act, in respect of fe- (58 G. 3.c. 70. lonies and such misdemeanors committed therein respectively; be it therefore s. 9 and 10.) enacted, that all sums directed to be paid by virtue of this act, in respect of felonies and of such misdemeanors as aforesaid, committed or supposed to have been committed in such liberties, franchises, cities, towns, and places, shall be paid out of the rate in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund, hy the treasurer or other officer having the collection or disbursement of such rate or fund; and where there is no such rate or fund in such liberties, franchises, cities, towns, or places, shall be paid out of the rate or fund for the relief of the poor of the parish, township, district, or precinct therein, where the offence was committed or supposed to have been committed, by the overseers op other officers having the collection or disbursement of such last mentioned rate or fund; and the order of court shall in every such case be directed to such treasurer, overseers, or other officers respectively, instead of the treasurer of the county, riding, or division, as the case may require.

XXVI. And, for the better regulation of costs and expenses in the cases Quarter sesaforesaid, and for preventing abuses in respect thereof, be it enacted, that it sions to make shall be lawful for the justices of the peace of any county, riding, or division, regulations as or of any liberty, franchise, city, town, or place chargeable with costs and ex- to costs and penses under the provision aforesaid, in quarter sessions assembled, to estab- expenses. lish, and from time to time to alter such regulations as to the rate of any costs (18 6.3. c. 19. and expenses thereafter to be allowed by virtue of this act, as to them shall s. 9.) seem just and reasonable; which regulations having received the approbation and signature of one justice of gaol delivery or of great sessions for the county wherein any such regulations shall have been established, shall be binding on all persons whatsoever.

XXVII. And, for enabling the High Court of Admiralty to order the pay- For payment ment of the costs and expenses of prosecutors and witnesses, and compensa- of expenses in tion for their trouble and loss of time, in cases in which other courts have a prosecutions like power under this act, be it enacted, that it shall be lawful for the Judge in Court of of the said Court of Admiralty, in every case of felony, and in every case of Admiralty. misdemeanor of the denominations hereinbefore enumerated, committed upon the high seas, to order the assistant to the counsel for the affairs of the ad. miralty and navy to pay such costs, expenses, and compensation to prosecutors and witnesses, in like manner as other courts may order the treasurer of the county to pay the same; and such assistant is hereby authorized and required, upon sight of every such order, forth with to pay to the person nained therein, or to any one duly authorized to receive the same on his or her behalf, the money in such order mentioned, and shall be allowed the same in his accounts.

XXVIII. Aud, for the better remuneration of persons who have been active Courts may in the apprehension of certain offenders, be it enacted, that where any person order compen

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