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1 & 2 P. & M. c. 13.

c. 10.

Before any

person charg ed with felony,

&c. shall be

bailed or committed, the justices shall take down in writing the examination, &c. and bind witnesses to

ADDENDA, &c. TO VOL. I.

II. And whereas it is expedient to amend and extend the provisions of two acts, the first passed in the first and second years of the reign of King Philip 2 & 3 P. & M. and Queen Mary, intituled "An act appointing an order to justices of peace for the bailment of prisoners," and the second passed in the second and third years of the same reign, intituled “An act to take examination of prisoners suspected of manslaughter or felony;" be it therefore enacted, That the two justices of the peace, before they shall admit to bail, and the justice or justices, before he or they shall commit to prison any person arrested for felony or on suspicion of felony, shall take the examination of such person, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing; and the two justices shall certify such bailment in writing; and every such justice shall have authority to bind by recognizance all such persons as know or declare any thing material touching any such felony or suspicion of felony, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions or sessions of the peace, at which the trial thereof is intended to be, then and there to prosecute or give evidence against the party accused; and such justices and justice respectively shall subscribe all such examinations, informations, bailments, and recognizances, and deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court.

appear at the

trial.

Examinations, &c. to be deli

vered to the court.

Duty of jus

tice on charges of misdemean

or.

Duty of coroner. (1 & 2 P. & M. c. 13. s. 5.)

Penalty on justices and

coroners. (1 &

2 P. & M. c. 13. s. 5.)

Provisions to apply to all justices and

coroners. (1 &

2 P. & M. c. 13. s. 6.)

3 W. & M. c. 9. s. 2.

III. And be it further enacted, That every justice of the peace before whom any person shall be taken on a charge of misdemeanor, or suspicion thereof, shall take the examination of the person charged, and the information upon oath of those who shall know the facts and circumstances of the case, and shall put the same, or as much thereof as shall be material, into writing; before he shall commit to prison or require bail from the person so charged; and in every case of bailment shall certify the bailment in writing; and shall have authority to bind all persons by recognizance to appear to prosecute or give evidence against the party accused, in like manner as in cases of felony; and shall subscribe all examinations, informations, bailments, and recognizances, deliver or cause the same to be delivered to the proper officer of the court in which the trial is to be, before or at the opening of the court, in like mauner as in cases of felony.

IV. And be it further enacted, That every coroner, upon any inquisition before him taken, whereby any person shall be indicted for manslaughter or murder, or as an accessory to murder before the fact, shall put in writing the evidence given to the jury before him, or as much thereof as shall be material; and shall have authority to bind by recognizance all such persons as know or declare any thing material touching the said manslaughter or murder, or the said offence of being accessory to murder, to appear at the next court of oyer and terminer, or gaol delivery, or superior criminal court of a county palatine, or great sessions, at which the trial is to be, then and there to prosecute or give evidence against the party charged, and every such coroner shall certify and subscribe the same evidence, and all such recognizances, and also the inquisition before him taken, and shall deliver the same to the proper officer of the court in which the trial is to be, before or at the opening of the court.

V. And be it further enacted, That if any justice or coroner shall offend in any thing contrary to the true intent and meaning of these provisions, the court to whose officer any such examination, information, evidence, bailment, recognizance, or inquisition, ought to have been delivered, shall, upon examination and proof of the offence in a summary manner, set such fine upon every such justice or coroner as the the court shall think meet.

VI. And be it further enacted, That all these provisions relating to justices and coroners shall apply to the justices and coroners not only of counties at large, but also of all other jurisdictions.

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VII. And whereas divers statutes, taking away the benefit of clergy, or creating felonies without benefit of clergy, have omitted to take away the benefit of clergy under certain circumstances consequent upon the indictment of the offender: And whereas a partial remedy for such defects was supplied by an act passed in the third year of the reign of King William and Queen Mary, intituled "An act to take away clergy from some offenders, and to bring other to punishment," whereby it was enacted, that if any person should

Felonies without benefit of clergy provided for under all circumstances consequent on

the indictment. (3 W. & M. c. 9. s. 2.

be indicted of any offence for which, by virtue 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 person shall be indicted of any offence for which, by virtue of this or of any other statute or statutes made or to be made, the offender is or shall be excluded from the benefit of clergy, such person shall be equally excluded from the benefit of clergy, whether he or she shall be convicted by verdict or by confession, or shall upon arraignment stand mute of malice, or will not answer directly to the charge, or shall challenge peremptorily above the number of twenty persons returned to be of the jury, or shall be outlawed upon such indictment, although the statute or statutes taking away the benefit of clergy 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 and the court shall award such judgment as if such person had been convicted by verdict, and every thing herein contained shall extend as well to all accessuries as to principals.

the indictment.

(12 G.

3. c. 20.) See

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 felon, although person 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 corsmitted the offence of counselling, procuring, or commanding shall have been com- in different mitted within the body of any other county, the last-mentioned offence 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. 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 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 jurisdiction to try the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessory, had been committed at the same place as the principal felony, although such act may have been committed either on the high seas or at any place on land, whether within his Majesty's dominions or without; and that in case the principal felony shall have been committed within the body of any county, and the act

c. 24. s. 4. 43 G. 3. c. 113. s.

5.)

Accessory af

ter the fact

may be tried
by any court
which has ju-
risdiction to
try the princi-
pal felon.
If the offences
be committed

in different counties, accessory may be tried in

by reason whereof any person shall have become accessory shall have been committed within the body of any other county, the offence of such accessory may be inquired of, tried, determined, and punished in either of such counties: 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. s. 4.)

the same offence.

Accessory may be prosecuted

after conviction of the principal, though the principal be not attainted, &c. (1 Anne, st. 2. c. 9. s. 1.)

Offences com

mitted on the boundaries of counties may

be tried in either county. (59 G. 3. c. 96. 8. 2.)

Offences committed during a journey or voyage may be tried in any county through which the coach, &c. passed. (59 G. 3. c. 27. and c. 96.)

In indictments for offences committed on the property of partners, it may be laid in

any one partner by name, and others.

(56 G. 3. c. 73.

1 G. 4. c. 102.

6 G. 4. c. 56)

Property belonging to counties, &c. may be laid in the inhabitants of the county (43 G. 3. c. 59. s. 3.)

XI. And in order that all accessories may be convicted and punished in cases where the principal felon is not attainted, be it enacted, That if any principal offender shall be in anywise convicted of any felony, it shall be lawful to proceed against any accessory, either before or after the fact, in the same manner as if such principal felon had been attainted thereof, notwithstanding such principal felon shall die or be admitted to the benefit of clergy, or pardoned, or otherwise delivered before attainder; and every such accessory shall suffer the same punishment, if he or she be in anywise convicted, as he or she should have suffered if the principal had been attainted.

XII. And for the more effectual prosecution of offences committed near the boundaries of counties, or partly in one county and partly in another, be it enacted, That where any felony or misdemeanor shall be committed on the boundary or boundaries of two or more counties, or within the distance of five hundred yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any of the said counties, in the same manner as if it had been actually and wholly committed therein.

XIII. And for the more effectual prosecution of offences committed during journies from place to place, be it enacted, That where any felony or misdemeanor shall be committed on any person, or on or in respect of any property in or upon any coach, waggon, cart, or other carriage whatever employed in any journey, or shall be committed on any person, or on or in respect of any property on board any vessel whatever employed on any voyage or journey upon any navigable river, canal, or inland navigation, such felony or misdemeanor may be dealt with, inquired of, tried, determined, and punished in any county through 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; 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.

XIV. And in order to remove the difficulty of stating the names of all the owners of property in the case of partners and other joint owners, be it enacted, That in any indictment or information for any felony or misdemeanor, wherein it shall be requisite to state the ownership of any property whatsoever, whether real or personal, which shall belong to or be in the possession of more than one person, whether such persons be partners in trade, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state such property to belong to the person so named, and another, or others, as the case may be; and whenever, in any indictment or information for any felony or misdemeanor, it shall be necessary to mention for any purpose whatsoever, any partners, joint tenants, parceners, or tenants in common, 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.

XV. And with respect to the property of counties, ridings, and divisions, be it enacted, That in any indictment or information for any felony or misde meanor committed in, upon, or with respect to any bridge, court, gaol, house of correction, infirmary, asylum, or other building, erected or maintained in whole or in part at the expense of any county, riding, or division, 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

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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, be it enacted, That in any indictment or information for any felony or misdemeanor committed in, upon, or with respect to any workhouse or poorhouse, or on or with respect to any goods or chattels whatsoever, provided for the use of the poor of any parish or parishes, township or townships, hamlet 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 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, altering, or repairing any highway within any parish, township, hamlet, or place, otherwise than by the trustees or commissioners of any turnpike road, it shall be sufficient to aver that any such things are 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 to specify the name or names of any such surveyor or surveyors.

XVII. And with respect to property under turnpike trusts, be it enacted, That in any indictment or information for any felony or misdemeanor committed in or on or with respect to any house, building, gate, machine, lamp, board, stone, post, fence, or other thing, erected or provided in pursuance of any 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 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 offences 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 sufficient 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 or information shall be abated by reason of any dilatory plea of misnomer or of want of addition, or of wrong addition of the party offering such 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.

XX. And that the punishment of offenders may be less frequently intercepted in consequence of technical niceties, be it enacted, That no judgment upon any indictment or information 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 versa, nor for that any persob 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

Property or dered for the use of the poor of parishes, &c. may be

laid in the Overseers.

(55 G. 3. c. 137. s. 1.)

Materials, &c.
for repairing
highways may
be laid to be
of the sur-
the property

veyor of high

ways.

Property of turnpike trustees may be laid in the

trustees.

(3 G. 4. c. 126. s. 60.)

ers.

Indictment not to abate by dilatory plea of misnomer, &c.

What defects shall not vitiate an indictment after verdiet, or otherwise.

What shall not

be sufficient to stay or reverse judgment after the verdict.

Courts may order payment of the expenses of prosecutions in all cases of felo

ny. (58 G. 3. c. 70. s. 4.)

Allowance to
persons at-

tending on re-
cognizance,
where no bill
is preferred.
(18 G. 3. c. 19.

$. 8.)

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.

XXI. And be it further enacted, That no judgment after verdict upon any indictment or information for any felony or misdemeanor shall be stayed or reversed for want of a 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 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 of prosecutions for felony, be it enacted, That the Court before which any person shall be prosecuted or tried for any felony is hereby authorized and empowered, at the request of the prosecutor or of any other person, who shall appear on recognizance or subpœna to prosecute or give evidence against any person accused of any felony, to order payment unto the 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 be lawful for the Court, where any person shall, in the opinion of the Court, bona fide have attended the Court in obedience to any such recognizance or subpoena, to order payment unto such person of such sum of money as to the Court shall seem reasonable and sufficient to reimburse such 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 subpœna, and also to compensate such person for trouble and loss of time; and the amount of the expenses of attending 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 hereinafter 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 from 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 miscourt on recognizance or subpoena, to prosecute or give evidence against any demeanor. 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 hereinbefore authorized and empowered to order the same in cases of felony; and, although no bill of indictment 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

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