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county, riding or division, at their next general or quarter Actions against, sessions of the peace, or any adjournment thereof, shall direct
such sum or sums of money as shall have been so paid or 7&86.4,c.31. ordered to be paid by the treasurer, to be raised on such liberty,
franchise, city, town or place, over and above the general rate to be paid by the same in common with the rest of the county, riding or division, under the acts relating to county rates, and such sum or sums shall be raised in the manner directed by
those acts, and shall be forthwith paid over to the treasurer. Mode of reim- Sect. XV. And as to the mode of payment and reimbursebursement in ment under this Act in counties of cities and towns, and in such counties of
liberties, franchises, cities, towns and places as do not contricities, and in liberties, cities
bute to the payment of the general county rate, be it enacted, and towns not That all sums of money payable either by virtue of any warcontributing to rant of the sheriff or other officer, or of any order or orders any county rate. arising out of any action or summary claim against the inha
bitants of any county of a city or town, or of any such liberty, franchise, city, town or place, shall be paid out of the rate (if any) in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund therein, by the treasurer or other officer having the collection of disbursement of such rate or fund; and where there is no such rate or fund in such county, liberty, franchise, city, town or place, the same shall be paid out of the rate or fund for the relief of the poor of the particular parish, township, district or precinct therein, where the offence was committed, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund; and in every such case the warrant and orders shall be directed and delivered to such treasurer, overseers or other officers respectively, instead of the treasurer of the county, riding or division, as the case may require.
:- Note.-Without entering upon any lengthened observations upon the novel features of this Act, perhaps it may be suggested, with truth, that the statutes of hue and cry are abolished, that the time limited for bringing actions is now confined to three months; that the hundredors are liable, at all events,
in case of tumultuous destruction; and that the high con- Hundredi ; stable, or, in certain jurisdictions, a peace officer (both of Actions against. whom are amply indemnified,) is the party against whom process is to be served.
7 & 8 G.4, c. 31. See a late case under the old Act of 9 Geo. 1. 9 B. & C. 134, Pellew v. The Inhabitants of the Hundred of Wonford.
INDICTMENT. How Property is to be described in certain Cases. Note.- Under the heads respectively applicable to this subject, the reader will find that the legislature has considerably relaxed the ancient strictness of describing property. The sections of the new Criminal Justice Act speak more particularly of partners, inhabitants of counties, the poor of parishes, surveyors of the highways, turnpike trustees, and commissioners of sewers. And, in the course of the new Larceny Acts, there are several enactments which declare that certain property (metal fixtures attached to squares, streets, &c. for instance,) need not be laid in any one.
What Defects shall not vitiate an Indictment after Verdict or
CRIMINAL JUSTICE Act,
7 Geo. 4, c. 64.
7 Geo. 4, c. 64. Sect. XX. And that the punishment of offenders may be What defects es3 frequently intercepted in consequence of technical niceties, shall not vitiate be it enacted, That no judgment upon any indictment or in- an indictment formation for any felony or misdemeanor, whether after ver
after verdict, or
otherwise. dict 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 rice versú, nor for that any person or persons mentioned in the indictment or information is or are designated by a name of
Indictment office or other descriptive appellation, instead of his, her or
their proper name or names, nor for omitting to state the time 7 Geo. 4, c. 64. at which the offence was committed, in any case where time is
not of the essence of the offence, nor for stating the time im. perfectly, 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 indictment or information to have had jurisdiction over the offence.
INHABITANTS OF COUNTIES, Counties.
The 43 Geo. 3, c. 59, s. 3, repealed by 7 Geo. 4, c. 64.
CRIMINAL JUSTICE Act. 7 Geo. 4, c. 61.
7 Geo.4, c. 64. Property be.
Sect. XV. And, with respect to the property of counties, longing to coun- ridings and divisions, be it enacted, That in any indictment or ties, &c. may be information for any felony or misdemeanor committed in, upon laid in the in
or with respect to any bridge, court, gaol, house of correction, habitants of the county.
infirmary, asylum or other building, erected or maintained in (13G20.3,c.59, whole or in part at the expense of any county, riding or divis. 3, repealed.) sion, 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.
INTERPRETATION OF CRIMINAL STATUTES. Interpretation CRIMINAL JUSTICE Acr.
Statutes. 7 & 8 Geo. 4, c. 28.
7&86.4, c. 28. Sect. XIV. And be it enacted, That wherever this or any Rule for the inother statute relating to any offence, whether punishable upon terpretation of indictment or summary conviction, in describing or referring all criminal to the offence or the subject-matter on or with respect to statutes. which it shall be committed, or the offender or the party affected or intended to be affected by the offence, hath used or shall use words importing the singular number or the masculine gender only, yet the statute shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and wherever any forfeiture or penalty is payable to a party aggrieved, it shall be payable to a body corporate in every case where such body shall be the party aggrieved.
Note.--This enactment dispenses with the endless repetitions which the words he, she and bodies corporate, have occasionally made.
JUDGMENT; REVERSAL OF, AFTER VERDICT. Judgment ; re
versal of, after What shall not be sufficient for this Purpose.
7 Geo. 4, c. 64. Sect. XXI. And be it further enacted, That no judgment What shall not after verdict upon any indictment or information for any felony be sufficient to or misdemeanor shall be stayed or reversed for want of a sinii- stay or reverse
judgment after liter; nor by reason that the jury process has been awarded to the verdict. a wrong officer upon an insufficient suggestion; nor for any
Judgment; re- misnomer or misdescription of the officer returning such proversal of, after cess, or of any of the jurors; nor because any person has served verdict.
upon the jury who has not been returned as a juror by the she7 Geo. 4, c. 64.
riff 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.
Note. The distinction between grand and petty larceny is abolished, and every stealing is to be considered as grand larceny was before the commencement of the new act.
For simple larceny the punishments are, transportation for seven years; or, imprisonment not exceeding two years; or in addition to the imprisonment, one, two or three public or private whippings, if the thief be a male.
LARCENY Act. 7 & 8 G.4,c.29.
7 & 8 Geo.4, c. 29. Distinction be- Sect II. And be it enacted, That the distinction between tween grand and grand larceny and petty larceny shall be abolished, and every petty larceny
larceny, whatever be the value of the property stolen, shall be abolished.
deemed to be of the same nature, and shall be subject to the same incidents, in all respects, as grand larceny was before the commencement of this Act; and every court, whose power as to the trial of larceny was before the commencement of this Act limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the p nishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny.