No. 1. Act 4 W. 4, c. 25. Abuses from dilatory pleas prevented. The escape of offenders from technical niceLies prevented. No judgment to be stayed or reversed for any misnomer, &c. Certain forms provision shall be construed to extend to all Joint Stock Companies and trustees. X. And for preventing abuses from dilatory pleas; Be it, &c., That no indictment or information shall be abated by reason of any dilatory plea of misnomer, or of want of addition, or of addiwrong tion 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. XI. And that the punishment of offenders may be less frequently intercepted in consequence of technical niceties; Be it, &c., That no judgment upon any indictment or information for any felony or misdemeanour, 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 versá, 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 indictment or information to have had jurisdiction over the offence. XII. That no judgment, after verdict upon any indictment or information for any felony or misdemeanour, 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 mis-description 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 Provost Marshal or other officer: and that where the offence charged has been created by any statute, or subjected to a greater degree of punishment, 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. XIII. And whereas trials for criminal offences within these dispensed with. islands are attended with some forms which frequently 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; Be it, &c., That if any person not having privilege of peerage, 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 on the country for trial, and the Court shall, in the usual manner, order a jury for the trial of such person accordingly. Persons pleading "Not Guilty," to be put on trial. No. 1. Act 4 W. 4, c. 25. Persons standing mute, the Court may re XIV. That if any person being arraigned upon or charged with any indictment or information for treason, felony, piracy, or misdemeanour, shall stand mute of malice, or will not answer directly to the indictment or information, in every such case 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 entered shall have the same force and effect as if such person cord a plea of had actually pleaded the same. "Not Guilty," and proceed to trial. XV. That if any person indicted for any treason, felony, or piracy, shall challenge, peremptorily, a greater number of the men returned to be of the jury than twenty in any of the said cases, every peremptory challenge beyond that number, in any of the said cases, shall be entirely void, and that the trial of such person shall proceed as if no such challenge had been made. XVI. That no plea, setting forth any attainder, shall be pleaded in bar of any indictment, unless the attainder be for the same offence as that charged in the indictment. in indictments for treason, &c. not more than twenty persons may be challenged. XVII. That where any person shall be indicted for treason or Duty of Jury felony, the jury empanelled to try such person shall not be charged relative to the to inquire concerning his lands, tenements, or goods, nor whether lands, &c., of he fled for such treason or felony. Felons. XVIII. That benefit of clergy, with respect to persons convicted Benefit of of felony shall be abolished; but that nothing herein contained Clergy to Feshall prevent joinder in any indictment of any counts which might have been joined before the passing of this Act. XIX. That no person convicted of felony shall suffer death unless it be for some felony which was excluded from the benefit of clergy, before or on the first day of the present Session of Assembly, or which hath been, or shall be made punishable with death by some Act or Statute passed after that day. XX. That every person convicted of any felony not punishable with death shall be punished, in the manner prescribed by the statute or statutes specially relating to such felony; and that every person convicted of any felony, for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this Act, and shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment. XXI. And with regard to the place and mode of imprisonment for all offences punishable under this Act; Be it, &c., 'That where any person shall be convicted of any offence punishable under this Act, for which imprisonment may be awarded, it shall be lawful for the Court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the Court, in its discretion, shall seem meet. lons abolished. When Felons are not to suffer death. How persons Place and mode of imprisonment under this Act. for offences soned under XXII. That wherever sentence shall be passed for felony on a Punishment of person already imprisoned under sentence for another crime, it Felons imprishall be lawful for the Court to award imprisonment for the subsequent offence, to commence at the expiration of the imprisonment to which such person shall have been previously sentenced; and R sentence for another crime. No. 1. Act 4 W. 4, c. 25. Exemplary punishment of Felons who commit Felony after a previous conviction provided for. In case of pardon by the Crown or President. Pardon not to affect subsequent convic where such person shall be already under sentence of imprisonment, the Court may award such sentence for the subsequent offence to commence at the expiration of the imprisonment to which such person shall have been previously sentenced, although the aggregate term of imprisonment may exceed the term for which those punishments could be otherwise awarded. XXIII. And whereas, it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony, whether such previous conviction shall have taken place before or after the commencement of this Act; Be it, &c., That if any person shall be convicted of any felony, not punishable with death, committed after a previous conviction for felony, such person shall, on such subsequent conviction, be liable, at the discretion of the Court, to be imprisoned for any term not exceeding four years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment; and in any indictment for any such felony committed after a previous conviction for felony, it shall be sufficient to state that the offender was at a certain time and place convicted of a felony, without otherwise describing the previous felony: and a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the previous felony, purporting to be signed by the clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of the first conviction, without proof of the signature or official character of the person appearing to have signed the same; and if any such clerk, officer, or deputy shall utter a false certificate of any indictment and conviction for a previous felony, or if any person other than such clerk, officer, or deputy shall sign any such certificate as such clerk, officer, or deputy, or shall utter any such certificate, with a false or counterfeit signature thereto, every such offender shall be guilty of felony, and being lawfully convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years; and if a male, to be once, twice, or thrice publicly or privately whipped (if the Court shall so think fit), in addition to such imprisonment. XXIV. That all offences prosecuted in the Court of Vice-Admiralty Sessions in these islands shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offences had been committed upon the land. XXV. That when the King's Majesty shall be pleased to extend his royal mercy to any offender convicted of any felony punishable with death or otherwise, and by warrant under his royal signmanual, or the sign-manual of the President, or other officer administering this Government in His Majesty's name, shall grant to such offender either a free or conditional pardon, the discharge of such offender out of custody, in the case of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the effect of a pardon under the Great Seal for such offender, as to the felony for which such pardon shall be so granted: Provided always, That no free pardon, nor any such discharge in consequence thereof, nor any conditional pardon, nor the perform- XXVII. Suspends part of Declaratory Act, 40 Geo. 3, c. 2. No. 2.-4 Vic. ch. 30. Declares the following Acts of Parliament 6 & 7 Wm. 4, ch. 111. An Act to prevent the fact of a previous conviction being given in evidence to the jury on the case before them, except when evidence to character is given. 6 & 7 Wm. 4, ch. 114. An Act for enabling persons indicted of felony to make their defence by counsel or attorney.* No. 3.-8 Vic. ch. 4. An Act to authorize the mitigation of pecuniary No. 4.-Act of Parliament, 12 & 13 Vic. ch. 96. An Act to provide WH No. 1. Act 4 W. 4, c. 25. tions for Felony. Statute applicable whether expressed in the singular or plural number, and shall, though not expressed, be held to refer to females as well as males, and to bodies corporate as well as to individuals. No. 2. Act 4 Vic. c. 30. No. 3. Act 8 Vic. c. 4. No. 4. for the Prosecution and Trial in Her Majesty's Colonies of Act of Parl. Offences committed within the Jurisdiction of the Admiralty. 12 & 13 Vic. (1st August, 1849.) c. 96. HEREAS by an Act passed in the eleventh year of the reign 10 and 11 W. 3, of King William the Third, entitled "An Act for the more c. 7. effectual Suppression of Piracy," it is enacted, that all piracies, * So much of the 4 Vic. c. 30, as declares the 2nd, 3rd, and 4th sections of this Act to be in force in the Colony, is repealed by Ord. No. 4, 1855. No. 4. Act of Parl. 12 & 13 Vic. c. 96. felonies, and robberies committed on the sea, or in any haven, river, creek, or place, where the Admiral or Admirals have power, authority, or jurisdiction, may be examined, inquired of, tried, heard, and determined, and adjudged, in any place at sea or upon the land in any of His Majesty's islands, plantations, colonies, dominions, forts, or factories, to be appointed for that purpose by the King's Commission, in the manner therein directed, and according to the civil law and the method and rules of the Admiralty: 46 G. 3, c. 54. And whereas by an Act passed in the forty-sixth year of the reign of King George the Third, entitled "An Act for the speedy Trial of Offences committed in distant Parts upon the Sea," it is enacted, that all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the Admiral or Admirals have power, authority, or jurisdiction, may be inquired of, tried, heard, determined, and adjudged, according to the common course of the laws of this realm used for offences committed upon the land within this realm, and not otherwise, in any of His Majesty's islands, plantations, colonies, dominions, forts, or factories under and by virtue of the King's Commission or Commissions under the Great Seal of Great Britain, to be directed to Commissioners in the manner and with the powers and authorities therein provided: And whereas it is expedient to make further and better provision for the apprehension, custody, and trial in Her Majesty's islands, plantations, colonies, dominions, forts, and factories of persons charged with the commission of such offences on the sea, or in any such haven, river, creek, or place as aforesaid; Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that if any person within any colony shall be charged with the commission of any treason, piracy, felony, robbery, murder, conspiracy, or other offence, of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the Admiral or Admirals have power, authority, or jurisdiction, or if any person charged with the commission of any such offence upon the sea, or in any such haven, river, creek, or place shall be brought for trial to any colony, then and in every such case all Magistrates, Justices of the Peace, public prosecutors, juries, judges, courts, public officers, and other persons in such colony shall have and exercise the same jurisdiction and authorities for inquiring of, trying, hearing, determining, and adjudging such offences, and they are hereby respectively authorized, empowered, and required to institute and carry on all such proceedings for the bringing of such person so charged as aforesaid to trial, and for, and auxiliary to and consequent upon the trial of any such person for any such offence wherewith he may be charged as aforesaid, as by the law of such colony would and ought to have been had and exercised or instituted and carried on by them respectively if such offence had been committed, and such person had been charged with having committed the same, upon any waters situate within the limits of any such colony, and within the limits of the local jurisdiction of the Courts of Criminal Justice of such colony. II. Provided always, and be it enacted, That if any person shall be convicted before any such Court of any such offence, such person All persons charged in any Colony with offences com mitted on the Sea, may be dealt with in the same manner as if the offences had been committed on waters within the local jurisdiction of the Courts of the Colony. Persons convicted of such offences shall |