Imatges de pàgina
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and this provision shall be construed to extend to all jointstock companies and trustees.

XV. And, with respect to the property of counties, ridings, Property beand divisions, be it enacted, that in any indictment or infor- longing to counmation for any felony or misdemeanor committed in, upon, or

ties, &c. may

on or be laid in the with respect to any bridge, court, gaol, house of correction, inhabitants of infirmary, asylum, or other building, erected or maintained in the county. (43 whole or in part at the expense of any county, riding, or di. G.3, c. 59, s. 3.) vision, or on or with respect to any goods or chattels whatsoever provided for or at the expense of any county, riding or division to be used for making, altering, or 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, town- Property orships, and hamlets, be it enacted, that in any indictment or dered for the information for any felony or misdemeanor committed in, use of the poor upon, or with respect to any work house or poorhouse, or on map

of parishes, &c.

may be laid in or with respect to any goods or chattels whatsoever, provided the overseers. for the use of the poor of any parish or parishes, township or (55G.3, c. 137, townships, hamlet or hamlets, place or places, or to be used in s. 1.) any workhouse or poorhouse in or belonging to the same, or by the master or mistress of such workhouse or poorhouse, or by any workmen or servants employed therein, it shall be sufficient 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 or misdemeanor committed on or with respect to any materials, tools, or implements provided for making, Materials, &c. altering, or repairing any highway within any parish, township, for repairing hamlet, or place, otherwise than by the trustees or commis- highways may sioners of any turnpike road, it shall be sufficient to aver that be laid to be any such things are the property of the surveyor or surveyors the surs

*the property of

o surveyors the surveyor of of the highways for the time being of such parish, township, bighways. hamlet, or place, and it shall not be necessary to specify the name or names of any such surveyor or surveyors.

XVII. And, with respect to property under turnpike trusts, Property of be it enacted, that in any indictment or information for any turnpike trusfelony or misdemeanor committed on or with respect to any tees may be laid

in the trustees. house, building, gate, machine, lamp, board, stone, post,

Taup, bird, stone, post, (3 G. 4, c. 126, fence, or other thing, erected or provided in pursuance of any s. 60.) act of Parliament for making any turnpike road, or any of the conveniences or appurtenances thereunto respectively belonging, or any materials, tools, or implements provided for making, altering, or repairing any such road, it shall be suffi.

cient 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 such trustees or commissioners. In indictments XVIII. And, with respect to property under commissioners for offences of sewers, be it enacted, that in any indictment or information committed on

for any felony or misdemeanor committed on or with respect sewers, the property may

to any sewer or other matter within or under the view, cogbe laid in the nizance, or management of any commissioners of sewers, it commissioners. shall be sufficient to state any such property to belong to the

commissioners of sewers within or under whose view, cognizance, or management any such things shall be, and it shall not be necessary to specify the names of any of such com

missioners. Indictment not XIX. And for preventing abuses from dilatory pleas, be to abate by it enacted, that no indictment or information shall be abated dilat

by reason of any dilatory plea of misnomer or of want of misnomer, or of want of addi.

addition, or of wrong addition of the party offering such plea, tion, &c. if the court shall be satisfied by affidavit or otherwise of the

truth of such plea ; but in such case the court shall forthwith cause the indictment 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 had

been pleaded. What defects XX. And that the punishment of offenders may be less shall not vitiate frequently intercepted in consequence of technical niceties, be an indictment after verdict or

it enacted, that no judgment upon any indictment or informotherwise.

ation for any felony or misdemeanor, whether after verdict or outlawry, or by confession, default, or otherwise, shall be stayed or reversed for want of the averment of any matter unnecessary to be proved, nor for the omission of the words " as appears by the record," or of the 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 rersd, 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 committed, in any case where time is not of the essence of the offence, nor for stating the time imperfectly, nor for stating the offence to have been committed on a day subsequent to the finding of the indictment or 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 indict. ment or information to have had jurisdiction over the of.

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

XXII. And, with regard to the payment of the expenses Courts may of prosecutions for felony, be it enacted, that the court before order payment which any person shall be prosecuted or tried for any felony of the expenses is hereby authorized and empowered, at the request of the in

of prosecutions

all cases of prosecutor or of any other person, who shall appear on re- felony cognizance or subpæna to prosecute or give evidence against (58 G. 3, c. 70, any person accused of any felony, to order payment unto the s. 4.) prosecutor of the costs and expenses which such prosecutor shall incur in preferring the indictment, and also payment 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 for their trouble and loss of time therein; and, although no bill of indictment be preferred, it shall still Allowance to be lawful for the court, where any person shall, in the opi- persons attendnion of the court, bona fide have attended the court in ing on recogniobedience to any such recognizance or subpoena, to order lance, where no

bill is preferred. payment unto such person of such sum of money as to the court shall seem reasonable and sufficient to reimburse such s. 8.) person for the expenses which he or she shall have bona fide incurred by reason of attending before the examining magistrate or magistrates, 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 at- Amount of ex. tending before the examining magistrate or magistrates, and penses of atthe compensation for trouble and loss of time therein, shall tending before be ascertained by the certificate of such magistrate or ma- magistrate, &c. gistrates, granted before the trial or attendance in court, if

or attendance in mount is to be ascertain

"ed by certifisuch magistrate or magistrates shall think fit to grant the cate of magis. same ; and the amount of all the other expenses and com- trate. pensation shall be ascertained by the proper officer of the court, subject nevertheless to the regulations to be established in the manner hereinafter mentioned.

XXII. And whereas for want of power in the court to Courts may order payment of the expenses of any prosecution for a order payment

of the expenses

of prosecution misdemeanor, many individuals are deterred by the expense in certain cases from prosecuting persons guilty of misdemeanors, who thereby ofmisdemeanor. escape the punishment due to their offences; for remedy

thereof be it enacted, that where any prosecutor or other person shall appear before any 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 Allowance to of felony; and, although no bill of indictment be preferred, persons attend- it shall still be lawful for the court where any person shall ing on recogni- have bona fide attended the court in obedience to any such zances when recognizance, to order payment of the expenses of such no bill is pre

person, together with a compensation for his or her trouble ferred.

and loss of time, in the same manner as in cases of felony; provided, that in cases of misdemeanor, the power of ordering the payment of expenses and compensation shall not

extend to the attendance before the examining magistrate. Order for pay. XXIV. And be it further enacted, that every order for ment to be payment to any prosecutor or other person as aforesaid shall made out by be forthwith made out and delivered by the proper officer of clerk of assize, the &c. and paid

the court unto such prosecutor or other person, upon being by county trea. paid for the same the sum of one shilling for the prosecutor,

and sixpence for each other person, and no more ; and, ex(58 G. 3, c. 70, cept in the cases hereinafter provided for, shall be made $. 6; 18 G. 3, upon the treasurer of the county, riding, or division, in which C. 19, s. 8.)

the offence shall have been committed, or shall be supposed to have been committed, who is hereby authorized and required, upon sight of every such order, forthwith to pay to the person named 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 ac

counts. How the ex- XXV. And whereas felonies and such misdemeanors as penses shall be are hereinbefore enumerated, may be committed in liberties, paid in places franchises, cities, towns, and places, which do not contribute

to the payment of any county rate, some of which raise a

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rate in the nature of a county rate, and others have neither ing to the any such rate, nor any fund applicable to similar purposes, county rate. and it is just that such liberties, franchises, cities, towns, and (58 6:3, c. 70, places should be charged with all costs, expenses, and compensations ordered by virtue of this act, in respect of felonies and such misdemeanors committed therein respectively; be it therefore enacted, that all sums directed to be paid by Out of rate in virtue of this act, in respect of felonies and of such mis- the nature of demeanors as aforesaid, committed or supposed to have been county rate. 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, by 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, If no such rate, franchises, cities, towns, or places, shall be paid out of the then out of rate or fund for the relief of the poor of the parish, town- poor's rates. ship, district, or precinct therein, where the offence was committed, or supposed to have been committed, by the overseers or 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 ex- Quarter Sespenses in the cases aforesaid, and for preventing abuses in sions to make respect thereof, be it enacted, that it shall be lawful for the regulations as justices of the peace of any county, riding, or division, or of lo costs and any liberty, franchise, city, town, or place chargeable with (18 G. 3. c. 19.

expenses. costs and expenses under the provision aforesaid, in quarter s. 9.) sessions assembled, to establish, and from time to time to alter such regulations as to the rate of any costs and expenses thereafter to be allowed by virtue of this act, as to them shall seem just and reasonable ; which regulations When binding. 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 For payment of to order the payment of the costs and expenses of prose- expenses in. cutors and witnesses, and compensation for their trouble and pros

Court of Adloss of time, in cases in which other courts have a like power under this act, be it enacted, that it shall be lawful for the judge of the said Court of Admiralty, in every case of felony, and in every case of misdemeanor of the denominations hereinbefore enumerated, committed upon the high seas, to order the assistant to the counsel for the affairs of Order on asthe admiralty and navy to pay such costs, expenses, and com- sistant to coun. pensation to prosecutors and witnesses, in like manner as sel of Admiother courts may order the treasurer of the county to pay the rally, a

ons in

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