XI. PLEADINGS. c. 22. Island Act. 8 GEO. IV. c. 22.] For improving the administration of 8 GEO. IV. criminal justice in this island. ISLD. [Dec. 21st, 1827.] 1827. against dilatory 8 Geo. IV. c. 22, sec. 7.] For preventing abuses from dilatory Proviso pleas, Be it enacted, That no indictment or information shall be abuses from abated by reason of any dilatory plea of misnomer or of want sham or of addition, or of wrong addition, of the party offering such pleas. plea, 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. 9 GEO. IV. c. 19.] For further improving the administration 9 GEO. IV. of criminal justice in this island. ISLD. [Dec. 24th, 1828.] c. 19. Island Act. 1828. 9 Geo. IV. c. 19, sec. 1.] Whereas trials for criminal offences Preamble. in this island are attended with some forms which impede the due administration of justice, and it is therefore expedient to abolish such forms, and also to abolish the benefit of clergy, and to make better provision for the punishment of offenders in certain cases, and that in prosecutions for forgery the party interested should be rendered a competent witness, and that Quakers and Moravians should be allowed to give evidence upon their solemn affirmation in all criminal cases, Be it therefore enacted, That if any person, being arraigned upon any indictment for treason, felony, or piracy, shall plead thereto a plea of "Not Guilty," he shall by such plea, without any further form, be deemed to have put himself upon the country for trial, and the court shall in the usual manner order a jury for the trial of such person accordingly. 2. If any person being arraigned upon or charged with any indictment or information for treason, felony, piracy, or misdemeanor, shall stand mute of malice, or will not answer directly to the indictment or information, it shall be lawful for the court, if it shall so think fit, to order the proper officer to enter a plea of "Not Guilty" on behalf of such person; and the plea so (a) See CONVICTIONS. (Post.) 9 GEO. IV. entered shall have the same force and effect as if such person Island Act. had actually pleaded the same. c. 19. 1828. No person an incom petent wit ness on indictments &c., by reason of documents, 9. In any prosecution by indictment or information, either at common law, or by virtue of any act of this island, against any person for forging any deed, writing, or instrument, or other for forgery, matter whatsoever, or for uttering or disposing of any deed, writing, instrument, or other matter whatsoever, knowing the interest in same to be forged, or for being accessory before or after the fact to any such offence, if the same be a felony, or for aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor, no person shall be deemed to be an incompetent witness in support of any such prosecution by reason of any interest which such person may have or be supposed to have in respect of such deed, writing, instrument, or other matter. &c. 16 Vic. c. 15. Island Act. 1853. 16 Vic. c. 15.] For further improving the administration of criminal justice. ISLD. [January 27th, 1853.] 16 Vic. c. 15, sec. 28.] In any plea of autre fois convict, or autre fois acquit, it shall be sufficient for any defendant to state that he has been lawfully convicted or acquitted (as the case may be) of the said offence charged in the indictment without setting out the same in any formal manner. (a) (a) See 5 Vic. c. 48, secs. 3, 4. CERTIORARI. (Post.) XII. AMENDMENTS. 13 VIC. c. 7.] For the removal of defects in the administration 13 Vic. c. 7. of criminal justice. ISLD. [December 20th, 1849.] Island Act. 1849. may be when any variance 13 Vic. c. 7, sec. 4.] Whereas a failure of justice frequently takes place in criminal trials, by reason of variances between writings produced in evidence, and the recital or setting forth thereof in the indictment or information, and the same cannot now be amended at the trial except in cases of misdemeanor: For remedy thereof, Be it enacted, That it shall and may be Indictments lawful for any court of oyer and terminer and general gaol amended delivery, and courts of quarter sessions, if such courts shall see fit so to do, to cause the indictment or information for any appears in offence whatever, when any variance or variances shall appear &c. between any matter in writing or in print produced in evidence and the recital or setting forth thereof, and the indictment or information whereon the trial is pending, to be forthwith amended in such particular or particulars by some officer of the court; and after such amendment, the trial shall proceed in the same manner in all respects, both with regard to the liability of witnesses to be indicted for perjury or otherwise, as if no such variance or variances had appeared. any writing, Island Act. 16 VIC. c. 15.] For further improving the administration of 16 Vic. c. 15. criminal justice. (a) ISLD. [27th January, 1853.] 16 Vic. c. 15, sec. 1.] Whereas offenders frequently escape conviction in 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 to 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 the 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, That from and after the passing of this act, whenever on the (a) Sec. 4 of 13 Vic. c. 7 (supra), is virtually superseded by this act. 1853. Island Act. 1853. 16 Vic. c. 45. trial of any indictment for any felony or misdemeanour there shall appear to be any variance between the statement in such indictment and the evidence offered in proof thereof in the name of any county, city, parish, township, or place, mentioned or described in any such indictment, or in the name or description of any person or persons, or body politic, or corporate, therein stated, or alleged to be the owner or owners of any property real or personal which shall, from the subject of any offence charged therein, or in the name or description of any person or persons, body politic, or corporate therein stated or alleged 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 Christian name or surname or other description whatsoever, of any person or persons whomsoever therein named or described, or in the name or description of any matter or thing whatsoever therein named or described, or in the ownership of any property named or described therein, it shall and may be lawful for the court before which the trial shall be had, if it shall consider such variance not material to the merits of the case and that the defendant cannot be prejudiced thereby in his defence in 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 indictment which it may become necessary to amend, on such terms as to postponing the trial, to be had before the same or another jury, as such court shall think reasonable, and after any such amendment the trial shall proceed whenever the same shall be proceeded with in the same manner in all respects and with the same consequences both with respect to the liability of witnesses to be indicted for perjury and otherwise, as if no such variance had occurred, and in case such trial shall be had at nisi prius the order for the amendment shall be endorsed on the record, and returned together with the record, and thereupon such papers, rolls, or other records of the court from which such record issued, as it may be necessary to amend, shall be amended accordingly by the proper officer; and in all other cases the order for the amendment shall either be endorsed on the indictment, or shall be endorsed and filed together with the indictment among the records of the court: Provided, That in all such cases where the trial shall be so postponed as aforesaid it shall be lawful for such court to respite the recognizances of the prosecutor and witnesses, and of the defendant, and his surety or sureties, if any, accordingly, in which case the prosecutor and witnesses shall be bound to attend to prosecute and give evidence respectively, and the defendant shall be bound to attend to be tried at the time and place to which such trial shall be postponed, without entering into any fresh recognizances for that purpose, in such and the same manner as if they were originally bound by their recognizances to appear and prosecute, or give evidence, at the time and place to which such trial shall have been so Island Act. postponded: Provided also. That where any such trial shall be 16 Vic. c. 15. to be had before another jury the crown and the defendant shall respectively be entitled to the same challenges as they were respectively entitled to before the first jury was sworn. 2. Every verdict and judgment which shall be given after the making of any amendment, under the provisions of this act, shall be of the same force and effect, in all respects as if the indictment had originally been 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 whatsoever, to draw up a formal record in any case where any amendment shall have been made under the provision of this act, such record shall be drawn up in the form in which the indictment was after such amendment was made, without taking any notice of the fact of such amendment having been made. 1853. |