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dictment or information for any felony or misdemeanor committed on or with respect to any house, building, gate, machine, lamp, board, stone, post, fénce, 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 such trustees or commissioners.
XVIII. And, with respect to property under In indictments for ofcommissioners of sewers, be it enacted, That fences committed on in any indictment or information for any fe- may be laid in the
sewers, the property lony or misdemeanor committed on or with commissioners. respect to any sewer or other matter within or under the view, cognizance, or management of any commissioners of sewers, it 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 commissioners.
XIX. And for preventing abuses from dila- Indictment not to tory pleas, be it enacted, That no indictment abate by dilatory plea
of misnomer, or of or information shall be abated by reason of want of addition, &c. 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 satis fied 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
vitiate an ind
VIliale en 100cument
shall call upon such party to plead thereto, and shall proceed as if no such dilatory plea
had been pleaded.. . ,1 1 ., asrl What defects shall not XX. And, that the punishment of offenders
it may be less frequently intercepted in conser
quence of technical niceties, be it enacted, That no judgment upon any indictment or in. formation for any felony or misdemeanor, whether after verdict or outlawry, or by cone fession, 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 vide versá, nor for that any person or persons mentioned in the indictmentor information is of are designated by a name of office or other descriptive appellation instead of his, her, nor 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. so
XXI. And be it further enacted, That no sufficient to stay or re• judgment after, verdict upon any indictment verse judgment after the verdict.
or information for any felony or misdemeanor
shall be stayed or reversed for want of a verses poden
Stones 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 de scribe the offence in the words of the statute. O o ab XXII. And, with regard to the payment of Courts may order pay.
tment of the expences the expences of prosecutions for felony, be it off enacted, that the court before which any per- cases of felony. son shall be prosecuted or tried for any felony (58 G.
a fontane fafon (58 G. 3. c. 70. s. 4.) is hereby authorized and empowered, at the request of the prosecutor or of any other person, who shall appear on recognizance or subpoena to prosecute or give evidence against any person accused of any felony, to order payment unto the prosecutor of the costs and expenees 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 expences they shall have severally incurred in attending before the examining magistrate or magistrates and the grand jury, and in otherwise carrying on such prosecation, and also to compensate them for their
Allowance to persons trouble and loss of time therein; and, alattending on recognizance, where no bill is though no bill of indictment be preferred, it
shall still be lawful for the court, where any (18 G, 3. c. 19. s. 8.)
person shall, in the opinion of the court, bona fide have attended the court in obedience to any such recognizance, or subpæna, 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 expences 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 Amount of expences and loss of time, and the amount of the exof attending before magistrate, &c., to be pences of attending before the examining ascertained by certifi- magistrate or magistrates, and the compencate of magistrate.
sation 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 ma. gistrate, or magistrates, shall. think fit to grant the same; and the amount of all the other sexpences, and compensation, shall be ascertained by the proper officer of the court, subject nevertheless to the regulations to be established in the manner herein after men,
tioned. : Courts may order XXIII. And whereas for want of power in payment of the ex
ion the court, to order payment of the expences in certain cases of of any prosecution for a misdemeanor, many misdemeanor.
individuals are deterred by the expence from prosecuting persons guilty of misdemeanors, who thereby 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 re
cognizanée or subpoena, to prosecute or give 0325g 0 30630!!..
1990919 0 3729 ; evidence against any person indicted of any uid on sisse 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 1999 to :"A corrupt perjury, or of subornation of perjury,...33 store every such court is hereby authorized and em. 19o pubs ::
3881731g powered to order payment of the costs and ROZUB47. expences of the prosecutor and witnesses for s o it the prosecution, together with a compensation for their trouble and loss of time, in the same 020 manner as courts are herein-before authorized and empowered to order the same in cases of felony and, although no bill of indictment be Allowance to persons preferred, it shall still be lawful for the court attending on recogniwhere any person shall have bona fide attended is preferred.
izances when no bill the court, in obedience to any sueh recogni. zance, to order payment of the expences of such person, together with a compensation for isby sovina his or her trouble and loss of time, in the same scaunganta in mnogi manner as in cases of felony; provided, that
cases of misdemeanor the power of ordering the payment of expences and compensation shall not extend to the attendance before the examining magistrate, .. : i ' 7 veXXIV.' And be it further enacted, "That Order for payment to every order for payment to any prosecutor or be made out by clerks