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pons at the time of the said offence committed and done; yet, Indict in default and lack of the same words, the said indictments ments, lacking vi et were and yet be taken as void in the law, for to put any armis shall person to answer thereunto; and the party or parties so be good in indicted, for lack of the same words not being comprised law. and put in the said indictments, have taken advantage thereof, and have avoided the same indictments by writ or writs of error, or by plea upon his or their appearance, as the same case did require: for reformation whereof, be it enacted, &c., that from the feast of the nativity of our Lord God next coming, these words, vi et armis, viz., cum baculis, cultellis, arcubus, et sagittis, or such other like, shall not of necessity be put or comprised in any inquisition or indictment; nor that the party or parties being hereafter indicted of any offence, shall have or take any advantage, by writ or writs of error, plea, or otherwise, to adnul or avoid any such inquisition or indictment, for that, that the said words, vi et armis, viz. baculis, cultellis, arcubus, et sagittis, or any of the same or like words, shall not be put or comprised in the said inquisitions or indictments: but that the same inquisi. tion or indictments, and every of them, lacking the said words, vi et armis, viz. baculis, cultellis, arcubus, et sa- The words gittis, or any of them, shall from thenceforth, by the cum ba authority aforesaid, be taken, deemed, and adjudged, to culis, culall intents, constructions, and purposes, as good and effec- tellis, artual in the law, as the same inquisitions and indictments, sagittis, having the said words, vi et armis, viz. baculis, cultellis, shall not of arcubus, et sagittis, comprised and put in every of the necessity be same inquisitions and indictments were or heretofore have put in an inbeen taken, deemed, or adjudged, any law, usage or custom heretofore had and used to the contrary notwithstanding.
31 Eliz. c. 5.
V. Be it enacted, &c., that all actions, suits, bills, in- Within what dictments, or informations, which after twenty days next time suits after the end of this session of parliament shall be had, statutes upon penal brought, sued, or exhibited, for any forfeiture upon any shall be statute penal, made or to be made, whereby the forfeiture pursued, is or shall be limited to the queen, her heirs or successors, only, shall be had, brought, sued, or exhibited within two years next after the offence committed or to be committed against such act penal, and not after two years; and that all actions, suits, bills, or informations which after the said twenty days shall be had, brought, sued, or commenced for any forfeiture upon any penal statute made or to be made, except the statute of tillage, the benefit and suit whereof is or shall be by the said statute limited to the queen, her heirs or successors, and to any other which shall prosecute in that behalf, shall be had, brought, sued,
or commenced by any person that may lawfully pursue for the same as aforesaid, within one year next after the offence committed or to be committed against the said statute; and in default of such pursuit, that then the same shall be had, sued, exhibited, or brought for the queen's majesty, her heirs or successors, at any time within two years after that year ended. And if any action, suit, bill, indictment, or information for any offence against any penal statute made or to be made, except the statute of tillage, shall be brought after the time in that behalf before limited, that then the same shall be void and of none effect; any act or statute made to the contrary notwithstanding.
VI. Provided always, that where any action, informaformation,, tion, indictment, or other suit, is or shall be limited by &c. limited any statute penal, to be had, sued, commenced or brought within shorter time than is afore rehearsed; that in every such case, the action, information, indictment, or other suit, shall be brought within the time limited by such estatute.
statutes to be sued within a shorter time.
6 Geo. 2, c.
4 Geo. 2, c. 26.
Whereas many and great mischiefs do frequently happen to the subjects of this kingdom from the proceedings in courts of justice being in an unknown language, those who are summoned and impleaded having no knowledge or understanding of what is alleged for or against them in the pleadings of their lawyers and attorneys, who use a character not legible to any but persons practising the law: This act ex- to remedy these great mischiefs, and to protect the lives and fortunes of the subjects of that part of Great Britain callerl Wales, by England, more effectually than heretofore, from the peril of being ensnared or brought in danger by forms and proceedings in courts of justice, in an unknown language, be After 25th it enacted, &c., that from and after the 25th day of March, March,1733, 1733, all writs, process, and returns thereof, and proceedall proceedings in ings thereon, and all pleadings, rules, orders, indictments, courts in informations, inquisitions, presentments, verdicts, prohibiEngland, or tions, certificates, and all patents, charters, pardons, comExchequer missions, records, judgments, statutes, recognizances, to be in bonds, rolls, entries, fines, and recoveries, and all proceedEnglish and ings relating thereunto, and all proceedings of courts leet, in words at courts baron, and customary courts, and all copies thereof, length.
and all proceedings whatsoever in any courts of justice within that part of Great Britain called England, and in the court of Exchequer in Scotland, and which concern the law and administration of justice, shall be in the English tongue and language only, and not in Latin or French, or any other tongue or language whatsoever, and shall be written in such a common legible hand and character, as the acts of parliament are usually ingrossed in, and the lines and words
of the same to be written at least as close as the said acts usually are, and not in any hand commonly called court hand, and in words at length and not abbreviated, any law, custom, or usage heretofore to the contrary thereof notwithstanding: and all and every person or persons offending against this act, shall, for every such offence, forfeit Penalty, and pay the sum of fifty pounds to any person who shall 502. sue for the same by action of debt, bill, plaint, or information in any of his majesty's courts of record in Westminster Hall, or Court of Exchequer in Scotland, respectively, wherein no essoin, protection, or wager of law, or more than one imparlance, shall be allowed.
7 Geo. 4, c. 64.
committed on the boun
XII. For the more effectual prosecution of offences Offences committed near the boundaries of counties, or partly in one county and partly in another, be it enacted, that where any daries of felony or misdemeanor shall be committed on the boundary counties, or boundaries of two or more counties, or within the dis. may be tried tance 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 Offences committed committed during journeys from place to place, be it enacted, during a that where any felony or misdemeanor shall be committed journey or on any person, or on or in respect of any property in or voyage,may upon any coach, waggon, cart, or other carriage whatever be tried in employed in any journey, or shall be committed on any through person, or on or in respect of any property on board any which the vessel whatever, employed on any voyage or journey upon coach, & any navigable river, canal, or inland navigation, such passed. 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.
In indictXIV. And in order to remove the difficulty of stating ment for of the names of all the owners of property in the case of partfences com- ners and other joint-owners, be it enacted, that in any inthe property dictment or information for any felony or misdemeanor, of partners, wherein it shall be requisite to state the ownership of any it may be property whatsoever, whether real or personal, which shall laid in any belong to, or be in the possession of more than one person, by name whether such persons be partners in trade, joint-tenants, and others. parceners, or tenants in common, it shall be sufficient to
Property be longing to counties,&c.
may be laid
in the in
the use of
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 trustees.
XV. And, with respect to the property of counties, ridings, and divisions, be it enacted, that in any indictment or information for a felony or misdemeanor committed in, upon, or with respect to any bridge, court, gaol, house of correction, infirmary, asylum, or other building, erected or maintained in the 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 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, ordered for townships, and hamlets, be it enacted, that in any indictthe poor of ment or information for any felony or misdemeanor comparishes,&c. mitted in, upon, or with respect to any workhouse or may be laid poorhouse, or on, or with respect to any goods or chattels in the over- 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 mate- Materiale, rials, tools, or implements, provided for making, altering, &c. for repairing highor repairing any highway within any parish, township, ways may hamlet, or place, otherwise than by the trustees or com- be laid to missioners of any turnpike road, it shall be sufficient to be the proaver that any such things are the property of the surveyor surveyor of or surveyors of the highways for the time being of such highways. parish, township, hamlet, or place, and it shall not be necessary to specify the name or names of any such surveyor or surveyors.
perty of the
XVII. And, with respect to property under turnpike Property of trusts, be it enacted, that in any indictment or information turnpike for any felony or misdemeanor committed on, or with re- be laid in spect to any house, building, gate, machine, lamp-board, the trustees. 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 commis. In indictsioners of sewers, be it enacted, that in any indictment or offences information for any felony or misdemeanor committed on committed on weavers, or with respect to any sewer or other matter within or unthe property der the view, cognizance, or management of any commis- may be laid sioners of sewers, it shall be sufficient to state any such in the comproperty to belong to the commissioners of sewers, within missioners. 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 abuse from dilatory pleas, be Indictment it enacted, that no indictment or information shall be not to abate abated by reason of any dilatory plea of misnomer, or of by dilatory plea of want of addition, or of wrong addition, of the party offer- misnomer, ing such plea, if the court shall be satisfied, by affidavit &c. 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 thereunto, 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, fects shall be it enacted, that no judgment upon any indictment or in- not vitiate formation for any felony or misdemeanor, whether after an indictverdict or outlawry, or by confession, default, or other- ment after wise, shall be stayed or reversed for want of the averment otherwise. 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