as to amount in law to larceny, he shall not by reason thereof be 27 Victoria, entitled to be acquitted of such misdemeanor; and no person tried No. 233. for such misdemeanor shall be liable to be afterwards prosecuted for that the case larceny upon the same facts. proved amounts to larceny. c. 96 s. 88. elect proved. 377. If upon the trial of any information for larceny it shall 24 & 25 Vict. appear that the property alleged in such information to have been Prosecutor need stolen at one time was taken at different times, the prosecutor shall at though not by reason thereof be required to elect upon which taking he will several larcenies proceed; unless it shall appear that there were more than three Ib. s. 6. takings or that more than the space of six months elapsed between the first and the last of such takings; and in either of such lastmentioned cases the prosecutor shall be required to elect to proceed for such number of takings not exceeding three as appear to have taken place within the period of six months from the first to the last of such takings. vers may be 378. If upon the trial of two or more persons informed against Separate receifor jointly receiving any property it shall be proved that one or more convicted. of such persons separately received any part or parts of such property, Ib. s. 94. it shall be lawful for the jury to convict upon such information such of the said persons as shall be proved to have received any part or parts of such property. several counts several defend 379. Where any information containing two or more counts Verdict where both for feloniously stealing and receiving shall have been preferred for stealing and against any person, the prosecutor shall not be put to his election; receiving and but it shall be lawful for the jury who shall try the same to find a ants. verdict of guilty either of stealing the property or of receiving the Ib. s. 92. same or any part or parts thereof knowing the same to have been stolen. And if such information shall have been preferred against two or more persons, it shall be lawful for the jury who shall try the same to find all or any of the said persons guilty either of stealing the property or of receiving the same or any part or parts thereof knowing the same to have been stolen or to find one or more of the said persons guilty of stealing the property and the other or others of them guilty of receiving the same or any part or parts thereof knowing the same to have been stolen. riotous demoli 24 & 25 Vict. c. 380. If upon the trial of any person for the felony of having On trial for while with other persons riotously and tumultuously assembled tion verhet of unlawfully and with force demolished any church or for any other of misdemeanor. the felonies enumerated in the section of this Act relating to such 97 s. 12. demolition the jury shall not be satisfied that such person is guilty thereof but shall be satisfied that he is guilty of any misdemeanor mentioned in the section next succeeding such section, then the jury may return as their verdict that he is not guilty of the felony charged but is guilty of such misdemeanor; and he may be punished. accordingly. (12.) Evidence &c. in certain cases. conviction. 381. Where any person shall be informed against before any Evidence of precourt of criminal jurisdiction or charged before justices for a subse-vious summary quent offence in either case committed after any previous summary 24 & 25 Vict. c. conviction or convictions, a copy of any such conviction certified by Ib. c. 97 s. 70, the proper officer of the court to which such summary conviction 95 s. 112. No. 233. 27 VICTORIA, Shall have been returned or proved to be a true copy shall be sufficient evidence to prove a conviction for the former offence; and the conviction shall be presumed to have been unappealed against until the contrary be shown. Evidence of conviction for lar tried. 18 & 19 Vict. c. 126 s. 7. 382. The justices adjudicating under any of the sections hereof ceny summarily numbered sixty-six sixty-seven and sixty-eight shall transmit the conviction or a duplicate of a certificate of dismissal with the written charge the depositions of the witnesses for the prosecution and for the defence and the statement of the accused to the next court of general sessions for the district, there to be kept by the proper officer among the records of the court: and a copy of such conviction or of such certificate of dismissal certified by the proper officer of the court or proved to be a true copy shall be sufficient evidence to prove a conviction or dismissal for the offence mentioned therein in any legal proceedings whatever. Prisoners entitled 383. All persons under trial shall be entitled at the time of sitions on trial. their trial to inspect without fee or reward all depositions which have been taken against them and delivered in manner by law required to the proper officer of the court before which such trial shall be had or copies of such depositions. 6 & 7 Will. IV. c. 114 s. 4. Depositions taken on one charge may be tion of others. 384. Depositions taken in the preliminary or other investigation of any charge against any person may be read as evidence in read in prosecu- the prosecution of the same or any other offence whatsoever upon the like proof and in the same manner in all respects as they may according to the law now in force be read in the prosecution of the offence with which such person was charged when such depositions were taken. Evidence in case 385. It shall be lawful for the court and the jury sworn upon of forged stamp. the trial of any person charged with any offence against the provisions of the Fourth Part of this Act relating to the stamps of the United Kingdom to compare and receive evidence founded upon the comparison of any stamp die mark or impression alleged to be forged or counterfeited with any mark or impression denoting any stamp duty which shall appear to the court to be genuine and thereupon to decide and determine accordingly. Evidence that feited. 24 & 25 Vict. c. 99 s. 29. 386. Where upon the trial of any person charged with any coin is counter- offence against the Fifth Part of this Act it shall be necessary to prove that any coin produced in evidence against such person is false or counterfeit, it shall not be necessary to prove the same to be false and counterfeit by the evidence of any moneyer or other officer of Her Majesty's Mint; but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness. Verdicts and judgments valid after amendment. 14 & 15 Vict. c. 100 s. 2. Records to be drawn up in amended form (13.) Amendments not to prejudice after Verdict &c. 387. Every verdict and judgment which shall be given after the making of any amendment under this Act shall be of the same force and effect in all respects as if the information had originally been in the same form in which it was after such amendment was made. 388. If it shall become necessary at any time for any purpose whatsoever to draw up a formal record in any case where any amend No. 233. ment shall have been made under this Act, such record shall be 27 VICTORIA, drawn up in the form in which the information was after such amendment was made, without taking any notice of the fact of such without noticing amendment having been made. (14.) Crown Cases reserved. amendment. 14 & 15 Vict. c. 100 s. 3. may be reserved. 389. If on the trial) of any person convicted of any indict- Questions of law able offence in or before any court of criminal jurisdiction any 11 & 12 Vict. question of difficulty in point of law shall have arisen, it shall be c. 78 s. 1. lawful for such court in its discretion to reserve such question of law for the consideration and determination of the judges of the Supreme Court; and in any such case to respite the execution of the judgment on such conviction or postpone the judgment until such question of law shall have been considered and determined; and in either case the court in its discretion shall commit the person convicted to prison, or shall take a recognizance of bail with one or more sufficient surety or sureties and in such sum as the court shall think fit conditioned to appear at such time or times and place as the court shall direct and receive judgment or to render himself in execution as the case may be. 390. The court by which such question of law may have been case. so reserved shall thereupon state a case, setting forth the question Ib. s. 2. or questions of law which shall have been so reserved with the special circumstances upon which the same shall have arisen; and the judge or other person presiding in such court shall sign and transmit the same within a reasonable time to the judges of the said Supreme Court; and the said judges shall have power to hear and finally determine the said question or questions, and thereupon to affirm amend or reverse any judgment which shall have been given on the information on the trial whereof such question or questions have arisen, or to avoid such judgment and to order an entry to be made on the record that in the judgment of the said judges the party convicted ought not to have been convicted, or to order judgment to be given thereon at some other session of gaol Mode of prodelivery or general sessions of the peace if no judgment shall have ceeding. been before then given, or to direct a venire de novo or new trial to be had, or to make such other order as justice may require. And such judgment and order (if any) of the said judges shall be certified under the hand of the presiding chief justice or senior of the said judges to the associate clerk of assize or clerk of the peace as the case may be or the deputy of such clerk, who shall enter the same on the original record in proper form; and a certificate of such entry (a) A question of law cannot be reserved or case stated by a judge unless the question arose "on the trial."-Reg. v. Thompson, 4 W.W. & a'B. (L.), 23. (b) A case reserved would lapse in case of acquittal. Reg. v. Benjamin, A.R., 27 Nov. 1868. (c) It is a rule of practice, to be observed in all courts to which prisoners are committed, not to permit the examination of witnesses, the knowledge of whose evidence has been withheld from the prisoner till the trial. Semble, that such examination may be allowed where a very strong excuse, to the satisfaction of the presiding judge, is put forward by the prosecution. The propriety of the admission of such evidence is not a question of law within this section. -Reg. v. Brown, 6 W.W. & a'B. (L.), 239; N.C. 59. (d) The court will not go outside the case stated. If necessary, the judge's notes should be made part of the case.-Reg. v. Murphy, A.R., 29 March 1867. No. 233. Seventh 27 VICTORIA, under the hand of such clerk or deputy, in the form as near as may be or to the effect in the Seventh Schedule with the necessary alterations to adapt it to the circumstances of the case, shall be delivered or transmitted by him to the sheriff or gaoler in whose custody the person convicted shall be; and the said certificate shall be a sufficient warrant to such sheriff or gaoler and all other persons for the execution of the judgment as the same shall have been so certified to have been affirmed or amended, and execution shall be thereupon executed upon such judgment; and for the discharge of the person convicted from further imprisonment if the judgment shall have been reversed or avoided, and in that case such sheriff or gaoler shall forthwith discharge him and also the next court of gaol delivery or general sessions of the peace as the case may be shall vacate the recognizance of bail if any; and if the court of gaol delivery or general sessions of the peace shall be directed to give judgment, the said court shall proceed to give judgment at the next session. Case may be sent ment. 391. The said judges of the Supreme Court when a case has back for amend been reserved for their opinion shall have power if they think fit to cause the case to be sent back for amendment; and thereupon the same shall be amended accordingly and judgment shall be delivered after it shall have been amended. 11 & 12 Vict. c. 78 s. 4. Argument and Any court or that a person be prosecuted. 14 & 15 Vict. c. 100 s. 19. 392. The judgment or judgments of the judges of the Supreme Court shall be delivered in open court after hearing counsel or the parties, in case the prosecutor or person convicted shall think it fit that the case be argued, in like manner as other judgments of the Supreme Court are now delivered. (15.) Power to commit for Perjury. 393. It shall be lawful for any of the judges of the Supreme judge may direct Court or any chairman or other judge holding any court of general guilty of perjury sessions of the peace or for any commissioner of bankruptcy or insolvency or for any judge of any court of record or for any court of petty sessions for any justice or for any sheriff or his lawful deputy or commissioner before whom any enquiry or trial is held which the said sheriff is by law required or authorised to hold, 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 examination answer or other proceeding made or taken before him or them, to direct such person to be prosecuted for such perjury in case there shall appear to them or him a reasonable cause for such persecution; and to commit such person so directed to be prosecuted until the next session of gaol delivery for the jurisdiction within which such perjury was committed, or to permit such person to enter into a recognizance with one or more sufficient surety or sureties conditioned for the appearance of such person at such next session of gaol delivery and that he will then surrender and take his trial and not depart the court without leave; and to require any person he or they may think fit to enter into a recognizance condi (a) On a case reserved, counsel for the Crown is entitled to be heard, although there is no appearance for the prisoner.-Reg. v. Taylor, 2 W. & W. (L.), 153, tioned to prosecute or give evidence against such person so directed 27 VICTORIA, to be prosecuted as aforesaid. (16.) Judgment good after Verdict in certain cases. No. 233. be sufficient to judgment after the verdict. 394. No judgment after verdict upon any information for any what shall not felony or misdemeanor shall be stayed or reversed for want of a stay or reverse similiter; nor by reason that the jury process has been awarded to a wrong officer upon an insufficient suggestion; nor for any misnomer 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 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 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. (17.) Costs. make out and 395. Whenever any attorney of the Supreme Court shall have Attorney to been employed in the defence of any person tried or committed for deliver bill. trial before the said Court, he shall before appropriating any sum to the payment or settlement of his costs and charges make out and deliver to the party by whom he has been retained to conduct such defence a bill of costs containing full and particular items of the moneys laid out and business charged for therein and of all sums of money received held or appropriated by him or any person for his use on account thereof: and shall at the same time make out and deliver to one of the associate clerks of some judge of the said court a copy of the said bill of costs together with an affidavit annexed verifying the payment of all sums and fees paid to counsel and others and all actual expenditure charged therein; and the said copy of such bill of costs shall after delivery to the said clerk be taxed in such manner as the said court or any judge thereof shall direct; and after such taxation the said court or any judge thereof shall make such order or orders in relation thereto as to him or them shall seem fit. mon attorney &c. 396. For the purpose of making any enquiries which may be court may sumnecessary to give due effect to the provisions of the last preceding section, it shall be lawful for the said court or any judge thereof to summon or call before such court or judge in a summary way any attorney who shall have been employed in such defence as aforesaid, and by examination of him on oath or otherwise to ascertain the truth of any matters touching or relating to any bill of costs and charges which has been or ought to have been delivered under the foregoing provisions in respect of such defence; and the said court or any judge thereof shall also have power in regard to such matters to order the attendance before them or him of any person or persons whose testimony may be conducive to the discovery of the truth relating thereto, and to examine them on oath or otherwise in regard to such matters; and after hearing the said attorney and such person or persons as may be interested therein, it shall be lawful for the said court or a judge thereof to make such order in the matter as to them or him shall seem meet. Provided always that no attorney |