Upon an indictment cliargiiig a person with procuring the

commission of any offence, He may be convjcted OF attempting t o procure the commission of that oUence, or OS attenlpting t o procu1'C the commission of :~uy other offence of siicli a natmae that ^iL pcrson may be convicted ^of it upon an indictment charging him with C O ~ - 5 mitting the ofhicc 01 wliicli thc accused p s o n is allcgcd t o I E L ~ ~ procured t h e commission.

Upon an iiidictrncnt charging n perso11 with at1,cnlpting to cormvit any offence, lie 11ia.y bc convictecl of attcmptiag to con-unib any other offence of such a nnture thnt a person 111ay hc convicld 10 of it wpon an indictment chwging him with commil,ting the offcncc mIiicIi thc accused persoil is allegecl to have attemptcc1 Lo commit.

Upon an indictincut cliargjng ;L 1)ci.son wiili attcmpling t o procLlrer ~ I - + & - & + + + G ~ G - ~ * & ~ ^* the coinmission of imy oflence, he niay be convicted ol' a,tLcinptdng 10 procLilqe7 ^HL+& 1 R k e C t i t t g - e d q & b - * tlie couimissioa of any o t l m oll'cnac~

o f sticli a natnrc that a p i w n may lie convicted of i t ztpoli :in

indictment chaiy$iiq him with comniitting B e offence of ~ 1 1 i ~ h tho accused person is alleged t o havo dxwqjled I 8 o procuwj-e+t*--hm

Upon an inclictmeiit charging U person with atternpining t o

pyocure a n o t h e i . j - - ~ - ~ ~t o ~ # e ~ ~ ~ ~ ~ ~ ~ ~ ~

do an act or make an omissioil o€ sncli a nature that if kttk-self

&e tlic act

had been done

OP mttctcle tlie omission

had been made,

k e - w d f l - k w + h ~ ~ ~ ~ f nil oi-l'cnca

would thereby have been26 committed

h e may be convictd of attempting to proonre tlrat other persoiij-e+efitt&%g-d-e--k- i&eP-pe* t o clo any oiher act or m&c m y otlier omission o f sucli n natwe tlmt il' ke - l ~ + L k i t t t ~ & & e tlic act

had beell dolie

or w& the omission

had

been

made

ke-wettkl-b&e@%f an offencc would

thereby80 have been committed,

such lust-mentioned ofletfee being itself of snah a nature that a person i n q hc convicted of it upon an indictment, charging him with doing the act or making the omission which t h e accmcd person is alleged in the indictment t o ham attempted t o

p r o c i ~ r e ~ ~ that other persou ~ ~ ~ 35 ~ e - ~ & ~

t o do or make.

k & M + b a 7 i Sic c~omiuissioii. 20

v k n E v i d e m e s~~o~ozos. &.w~&tbw--k.

Offence

of

Similar Nature,

@

^{c ,-rp}

L

^'ce

-<&!

G a 597. If, on tlio trial of a person cliarged wit11 any inc1icixd1)lo offence, tlie evidence establishes that hc is guilty of another

indic2;able

40 offence of such a nature that upon an inclictrncnt chtwging him with it he might liave been conrictcd of tltc olYciice vitli wllich h o is actually chargcd, he may br, aoiivictenl o f the offence with which he is so chargecl.

the of€cnce so established by the evidence, imlcss tlzc Court bel'orc which the trid is h c l thinks tit, to rliscliargc the jury Erom giving nny verdict, and t o clircct the ~iccuscd pciwii t o be indictod for t1l:bt offence; i n which case he may be dealt with in all respects as if lie hecl not lieen put upon his trial for the oflencc with which 1x0 is60 actually cha$ed.

s. L

'"!

-($&y

^{, f}

^LA-''

s.

9 3 , A person so tried is not, liable to be al'terwards prosccutcil for4,5

Bffeect of Co.nuic~ioiz h + Q % a e e a * i t _* ed.

598. A person convicted undcr any of the Eoiaegoing provisions of this Cliaptcr is liable t o the same pmishment lis if he hacl beell convicted on an iiidiotment charging him with the offence of qrhich 65

he is actually convicted.

170 Crilzhat Oode Bill.

Tf an indictmelit is not presoiitcd against him at, some time durinq those Sittings, thc Coiwt FE;feq&Pe$

may,

upon i ~ ~ o t i o u made on

his behalf

on the last day of such Sittings, ^Z;H admit him to bail,

and is required

80 $0 do, .~iulcss it a l ~l ~e a rs UPOU oath tht~t k h j

W ~ ~ ~ H W S Some

material evidence

for thc C r o ~ n C O U ~ L ~ not; bc 5 procloced at those Sittings.

Any person commitled as afolwa id, mho has made such an application to be brought t o his t i i d , :mcl mho is not brought to trial at the second Sittings after his conimiltnl for trial, is ciititlcd to be

discharged. 1 0

~ c c e l e ~ + ( ~ t i ~ ~ ~ xl*ial of Pei*soias m t zcurter Coiiintitrld.

is prcscilted in :LnJr Court agalnsi n11g person who has not beon coruinit,tcdfoi* t y i d or held to boil upon the cllarge set forth in the incIictmcnt,, aud the ^:w.xscil porsoll i~

not, I-,rooqI~t t o trial Ivitdiin a perw nfter the indictmenL is prose11itcd, I ,'7

the Coopt may, upon the application of the accused person or any 0-l'

tile accused persons, if inore than one, anthorisc him to bring 011 t l l ~ trialj and he nlay hring on the trial accordingly, unless j i i tllc incan- time the Court is informecl that the Crown will not fartlier 1 7 ~ 0 ~ ~ ~ e i l

Adjoumnze~zt of Trial.

81% 605. The Court before which an indictment is presentecl may, in any case, if it thinks fit, adjourn the trinl of the accused person.

A trial may be acl;jonrued at any period of the trial, Tvhetlier o, jury has or has not been sworn, and vliether evidence ]Ins or hns not 26

h e n given.

. .

d&- ~ ~ & , K U W L V T & . & 604. %%e11 011 indictment ,., &p!,

yc

9 +

so

y (?<U. 3.

3.

upon the indictment, 20

@

.

o%ckoc.

f .&- ''

s.

3 ^{B ~}

On Acljozwmient ^of Trial dcczisecl ~nn,tl be Zenmzcled to unothei*

court haui?ag Jzirisdiclioii.

6% 606. When the trial OP a pewon c h q c d mitli an offence either at n later Sitting of the sanie Court or before some other CoLirt

tv L t t t u d f of cornpeteut jurisdiction, and may rcmancl the accused pcrson accordingly, and may, in a proper case, admit him to bail, or enlaitgo his bail if he has already been aclmittcrl to bail, and may enlarge 1,hc recognizances of the witnesses.

In any such case, the indictment a d otlier proceedings aro to he transmitted to the proper officer of tlie Court to which tho aocnscd person is so remanded, and that Coiirt has the same jurisclictiou io try him as if he had been originally committed to be triccl Iscfo~o it, ; and the accused person is bound to alteucl to be tried, and L,ho,l,~

witnesses are bound to attend to givc evidence, a t the time and plncc to which the trial is arljoilmed, without entering i n t o any I'resIl recognizances for that purpose, in the same mtLnuer as if tllcy hail respectively been originally bouiirl by their recognizances to apporhr allcl LO attend ancl give evidcnce at the time and place to which tho $5 trial is adjourneil.

'8 S. /

Je

on indictment is adjourned, the our^ imby direct the trial to bc 1Lo1d 30

R

S.

3 5

dcczlsed Persolz t o be called i y o j ~ to Plecd t o 3 z d i c t

@& 607. At the time appointed for the trial of a11 sccusotl person, he is to be informecl i t 1 open Court of the offence with wllicll he is charged, as set forth in the indictment, and is t o bo cdlecl upon 50 to plead to the indictment, and to say whether hc is guilty or not guili,y of the charge.

The trial is deemed to begin when he is so called upon.

PleCM.

ilzent, he must either pleacl t o it, or demur t o it on the ground that it he may plead either-

(1) That he is guilty of t he offclice charged in the iudict- ment, or, with the consent of the Crown, of any othes offence of vhich he might be convicted upou h e indict- (2) That lie is not guilty ;

(3) 'rhat he has already been couvictcd npon nu indictment on whicli He might have been eonvickcd of the offence with which he is charged, o r has almady bceii convicted of an offence of which h e might be convicted upon the iudictment ;

(4) That he has already been acqtiittecl upon an iiiclicttiieiil

011 which h e uiiplit, haye been cowicted of the oflcncc witli which he is chwged, or has alreacly been acquitted upon idictnient of nn offence of which be might 130 convicted npon the indictment ;

(a) That he has drenclg been tried aiid ooiivictorl. or acquittccl of an o f h o e cornmitlscl ^OP nllcgccl to be committed under snch circnnisl;anoes that lie cnanot, i m d c ~ tlic provisions of this Codc be tried for tlic ofleiice cktirged in thc indictment ^;

( 6 ) That lie has receivcxl the 1 E o p l pardon for the ollenco charged in tlie indictincnt ; or

(7) That the Court has n o jurisdiction to try him for the Two or more pleas may be pleaded togother, except that the plea of guilty cniinot be pleaclerl with any other plea t o the same

An

accused person may plead m c l dcmur together.

&& 611. If' tho accused person does not apply t o qtmsh tho indicl- i;&v4,+d ~ ~ d c

&t

~ c p

20 docs not clisclosc any offence cognizable by the Court. If he pleads, ?J'Ld$

."

5'.

2

/.

25 ment ;

80

35

40

95 ofltnce.

charge.

50 Dgeiace of ~ m h t 1 6 of Defitmcitorp 9Iatfer t o be flpeciiotly ~ ~ e u d e c ~ .

CiaFi- 612. A person cliaqyxl with the unlawful pubhation of ^{I bL} defamatory matter, who sots up as a defence t1mt the defamatory matter ~ ~ C * " L P ~ t z ( . 1

ia triw and that it mas €or the public, bencfit that the publication should be made, must plead that matter specially, aud niay plead it 55 with m y other plea, except the plea of guilty.

172

Oi.iminaZ Code Bill. 1’73

-

i h e c t that the trial of the accused persons or amy of them shall be had separately from the trial of the other or others

of

them, and for that purpose may, if a

j w y

has been sworn, clischarge the jury f4rom giving a verdict as t o any of the

Jzi~ies.

PXG;. 620. ‘l’hc law icqjectiiig tlie qnal8cations of j u ~ ~ i * s :md the iwnmoning o jurors to attonil lor the ttid of pci*soiis cIiargcd with ixiiliclillilc oilcrices, and the wmbe+eg challenges allowed t o such I O rierso~is, is set fcrtli in 1,hc &a-&iieb

laws

re1a;ting to Juries ancl Jurors.

AcczcscCl P m s o n to be i i i I b r i i ~ e d qf / l i s Bight of’ CIu~llenye.

c;%: 821. TVhen an acciised persoli has demanrlecl t o be tricd by

11, ,jui’y, tho proper oilicer of thc Cloart is t o inform him in olicu Court LluaL l h a liersons ~vhosc iiamcs arc t o lie called are the jurovs t o be 16 W O ~ H for his trial, aiid is I’urtbor to inforim hiin that if he desires t o

chdlciige any o€ them hc mnst do so beforc they arc S W O ~ L I .

6

accused persons.

CJdleizga to Array.

piincl of jurors, he must d o so before m y juror is SWOFU. for his t ~ i a l . Clu&tqm t o Individiiul ,Juror.s Jbr Cmrse.

particular juror on eithrr of the followhg grouiids, that is t o say,- (1) That the j ~ m r is not qudificcl by l a w t o act as n juror;

(2) That the jnror is not ^iwpwi%

indifferent

tis bciween Such objections are in addition t o ;my peremptory challenqes 6% 622. Ti’ thc accused persou clesircs to object t o the mholo 20

c)% 623. Tlic Crown or the accused peison may object to a

26 the Crown and the accused person.

t o whicli an accused person is by law eutitlccl.

Time ,for Cfmlleizgingl.

C;aK 624. An objection to ^;L juror, either by way of peremptory 80 challenge or by way of challenge for caiisc, inay be made at any time before the officer has begnn to recite the word!, of the oitlh t o the juror, but not afterwards.

Gkta&ageby&e-€km

( i a # ; ~ e ~ ~ t ; ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~

36 &.+e- ^r j t w w - m € e s s + H % + h & - ~ - - s & c i e & ~ e €

j t t f e + e a m e & b e - & w w - & - &e&ie-es-ef&e-€hwa-we Asceihtirment oJ’ Pacts us t o ~hx81et&ge.

4%

626,

I1 at any tiinc it bccomes necessary to ascertain the

$0 trlntli oP m y matter alleged as cause for chzillepgu, .Cke-GettA-ke+ed

k e - i y t t j f ) - i ~ e i w ~ ~ ~ ~ ~ ~ ~ ~ ~ s ~ e - ~ ~ ~ e - ~ e ~

the fact shall be tried by the jurors already sworn, if

more

than one, or, if pne juror

only has been sworn, by such

juror

together with some indifferent person chosen by the Court from the panel of

46Jurors,

or, if no

juror

has been sworn, by two indiaerent persons chosen by the Court from such panel.

The 1)ersoo“s so appointed are t o be s~voiw to try the cause for challenge, ancl their rleuision on tlie €act is final a i d conclusive.

If the persons so appointed

c a n n o t agreg

the Cou-d may

50

discharge them from givin a decision,

and

may appolnt two no juror has been sworn,

& e w t l & W

other persons t o t r y the fa0 I , ^{t o be}

^cliosen

^as

^m

the case when

rant of UiacEe)-stcir~cliizg q/’Accasecl P e ~ s o r ~ .

( 8 (1

Lh bw%

648,

626.

If, whcn t h e accused persou is cnllcd upon to pleacl 55 t o the indictment, it appeal’s t o bc uncertain, for any reason, wliethcr he is capable 01 understanding the proceedings at the txial, so as t o be aliIe to make a pro )er defence, n jury., of twelve men,

t? be chosen the panel

0 j ~ o f g ~ are. to,te im ~nnellecl

forthwith,

who are sworn to find whether he 1s 80 cap5 le QP no.

1’

1 B

174

Crimimctl Code Bill. 176

of the accused persons,

if

more than one, is defended by counsel, and if such counsel or any of such counsel

sngs that h e does

710t intend t o adtl lice eviclence, a ~ ~ - - M t ~ 6 - - C k e - - a € ~ ~ e ~ - ~ e ~ ~ ~ - - ~ ~

r ; 3 , t e w - k e - ~ ~ ~ e ~ - - ~ ~ ~ ~ e ~ - - ~ ~ ? ~ e i ~ ~ - ~ e - - ~ ~ ~ e - - ~ - f i ~ ~ ~ e ~ ~ ~ ~ j t h e coniisel 5 foiq t h c Crown is cntitled to :iddress the j ~ a y a sccoiirt time for the

1JLlY-j705i? ol‘ sumniing L L ] ~ t h e evidence already giveii agaiust sucli :weused l)ci*soi~ 01’ p ~ r s o i i ~ f o ~ whoni evidence in not intearled to be

:rdd uced i t w ~ ~ F w k e t t l - ~ e - s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ e ~ ~ ~ e ,

At the closo of the evidence for tlie prosecntion the iLccuserl 10 persoii, nucl each of t h e nccuscd ~~crsons, if mom than one, may by himself or his counsel n~lrlress tlic jury for t h c purpose of opening the cvidcnce, iC any, iiitciidecl to be nclducecl for t h e rlefeiice, tind after tho

~ l i 0 1 e of tllc cvii!ellcc is givcii may sgaiii ncldrcss t,lio j~iify ay)on tlic n’llolc? CRSC.

‘1 5 ~ ~ - ~ - - t b r e t t H e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e ~ ~ e ~ ~ e ~ ~ ~ € ~ - ~

f i k t C e ~ i e r t ~ - ~ k e - 3 ~ ~ ~ ~ b ~ ~ ~ ~ ~ ~ f l - ~ ~ ~ e ~ - - ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~ ~ ~ ~ e - ~ ~ 4 ~

n t t e e - ; - ~ e . t . i ~ ~ 3 t e e i b - t t d t - l t t e e d 9 ~ ~ f i t t e k - a ~ s ~ ~ ~ ~ ~ e - ~ ~ ~ e ~ ~ ~ k e - m a d e - e i ~ k e ~ e f e r e ~ ~ - ~ ~ ~ - ~ ~ ~ ~ ~ ~ ~ ~ e e - e f i

II

evidence is aclducecl for an accused 1 m ~ , o u , tlie counsel for the If evidence is arlclucerl for one or more of several accused persons, b ~ r l not for all of them, tlie counscl To18 the Crown is (Jiititled t o rcply with respect t o the person or persom b ; ~ whom evicleiice is so aclcluced, but not with respect t o the otlicr or otlrcrs of thcm.

TI’he11 an accused pcrsoii, being clefenclcrl by coimbel, ma&

is allowed by the Court t o make

n statement

t o the jury,

the counsel lor the Crown is siltitled to t h e sanie right uf rcl)ly as it‘ evideiicc had been aclclucecl for tbat accused person.

Provided thnt a Crown Law Oilicer is entitled t o reply in all 20 C r o ~ m js entitled i;n rcply.

26

30 cases, wlietliw cviclence is adduced by m y acouscd i+mou or not.

S t x i w i n g tip.

633. Llftcy tlie cvidouce is cn~lclncled and t h o comiscl or tlic accnsecl person or pcwons, as the case may lie, have addressed tlic jury, it is the cluty of the Conrt t o instrlict tlie jnry as to the law applicable 35 to t h e cnsc, with such observations L ~ O U the evidence as the Court

thinks fit t o make.

After the Court has iusti.ucted the jury khey ore to consider tlicir verdict.

J7wy n o t l o S’tpwute.

w x m i aiid tlic cliurgc h:15 bccn shtecl to then1 by the propel‘ officer, 1 hry must not separate uiitil tlicy hnvc given their verclict or are-‘ 6

Y

cliscllargecl 17y ilie Court.

h i t i no persoii CXCCrJt tlie officcr of tlie Court, who has clinrge 4; of thorn is l,o be dlon-cc! t o speak t o or commni~icate with any of thcm

vitliont tlic leave of t h e Court until they &re discharged.

Yrovidcd t,hat 011 tlzc trial of n person charged with any illclictable oflence other t h m a cdiut: y~tnislin11l c with cleeth, the Court may, in its discrotion, permit t h c jnry to separate before considering b o tlieir verdict for snch pcriocl clnring m y adjournment of t h e trial as

tlic Court may tliink fit.

7f any p S O n clisobeys flit: clirections of this section he lunp 11e p ~ ~ i i i s h e d snnimarily as for contempt of court.

The vnliclity o€ thc proceeaings i s not affected b~ ally such fi5 disobedience, but, if t h e fact is discovered before t h e verdict is given, the Court, if it is of opinion that such disobedience is likely t o prcjudice thc fair trial of t h e charge, may dischmge the -ury, and may direct that a fresh j u r y be sworn during the sane dtthgs of the (Jourt, ^or may adjourn the trial.

D

d l 0 6 G : 634. 1l;xcelit as bcreiaaltcr stni ed, aftcr the jui1.y have been ‘rt$,&Ltd

riardhu,&

*’ s

177

a

0 (3)

30

to inquire concernirig the sulmqneiit oftencc o d y : I f h e pleads guilty, or if upon trial he i s corn-icted of the

su1)sequcnt offence, lie is then, nnd not before, t o be aslrecl~ whethei- lie hiid beeu previously convicted as alleged in t h n iadictmmt :

I f he aiiswprs that he hacl been so previously convicted, the Coiwt ]nay proceed to pass st:ntence upon liiu accordingly :

I!

lie cleiiies that lie hacl 1)ceii so previously couvictecl,

''k7k

or will n o t answer clirectly to the question, thc jury am

then to be charger1 to inquire concerning the previous /BLS* ' s . 2L.

conviction or coiiviotions; niid in that case it is not nei:essuy that the jury 5;1io~tlcl be bworn ;\fresh, but the oath already taken by them is cleemecl to extend io such last-mentioned incruirv.

yqf&-= -@Jy

Provided that, if on t1ii o r a pcrcon charged with ^:t 36 subsequent offence, he ofCers ericleiice of his good character, the

Crovn inay, in answer thereto, nucl before any verdict is given, o f f e ~ cviclence of his conviction of the previous ofYencc or o-tl'ences, and in that casc the juiy are required t o inquire concerning the previous conviction or convictions at bhc same time that they iiiquire con-

FuPlhcr Plecu.

45% 644. When Ihe issues raised by niiy plea or plcns, escepl the plea of u o l guilty, h a w been. found tipinst an acciiserl person who has not pleaded the plea o l itot guilly, he is to be called upon to 85 plencl afresh, and, i f those issues h w e been tried bp a jury, the Court may clirect the issues raisecl by xu? hcah plea to be t r i e d by the mine jury ^OY by anotlier jirry. If tho Court directs them to be tried by the same: jui~y, it is not necessary that the j ~ i r y should be sworn afresh, ]Jut the oath already taken by tli eu is t o ^he cleemed t o extend t o the 40 cerning the subsequent offence.

50 t&,l of such €rfi.esll issues.

C11-IAPTEE LYIL I.

ICV1L)lCIvCE : . € ' R ~ S U ~ l I ' ' C I ~ ~ ~ OF F,\CT

dcconyjlices.

@S. 645, A peiwn cannot bc coizvicted of ai1 ofkencc 011 the

&%

646.

On the trial of a person charged with treason

kTf-9

evidende cannot be admitted OP any overt act q o t dleged in the

7'

^V**L indic, tmen t

.

55 Llncorroborated testimony of :in accornpliuc or accomplices.

Xvicleace ⁰¹² C h y e q/ T ~ e a s a n . 3

7." s

^"hG-

180 Ci.im.i?ml Code Bill.

-

^-. --

necessary to ppove a n iiitcnt to iujure or deceive ^01' clcfhxid :my par- Gicular person, or ^{m i} intent t o ena,hlc any particular person to deceive or clefmucl any particular pcrson.

AdmiCvsioils.

m y fact allsgecl against hiiri, and such srlmission is sufficient proof of the h o t without other evidence.

GB& (557. An accused p:vson e*sewbei may admit on

the trial

B

CI-IAPTEII. LXIV.

VCItDICT

.

^JUDGMENT.

Acci~scd S ~ r s o i i liieuicc dwiizg T~iccl. 10 058. If ^{o i l} tlic ii-ial or nny person chargcd with : ~ n iiiiliotalde offence it i s aUcgecl or a p p e a i ~ ~ Ilmt I 1 0 j, not o l soulid mind, the jui*y are to bc rcquirecl t o oonsirlcr t l i r iuat,t,er, mid if' 1 Iic j ~h i c l y tdut he is not of S O L I U ~ mind, tlie firicliiig is t o IIC rocorrlcd, and tlicrcupon tho Court is required to orilcr liiiri to bo Icopt iii strici custody, in sLtcli 15 p1,ace and in snch ~ziaiiuc~' ^;IS tlie Coiwt thildib GL, uiitil hc is tledt with Liider the laws relntiiig to iusiine persous.

A person so found to be not of souncl inincl rn3y be again indicted and tried foy the ofl'encc.

Discharge qf Pcrsot6s A c p i l t e d . 20 G& 659. If the jnry find that thc accused person is iiot guilty, 01'

give any otlicr vcidict wliich slion~s that he is not liablc to pzmisisluwmt, he is entitlecl t o Iw disc1iargt:d from tlw oliL~r.ge of which hr is so ncquitted.

- ~ - I C ~ L l i f l C l l OtL I/7"01rnd (7r LI.zsnlzify.

:iuy indictable ofience, it is ulleged or appears tlitlt he 'was not, of 25

I,~$,,,,, L-1 ^c;/,pglc

^{'I 660, Yrovided t1ia.t iF, 0 7 1 tlie trial of a parsou clinrgecl with}

somnrl m i n r l at tlie time w.hen tlic :ict o r oinission allcgcd to constitute the offence ocxnrrerl, the jnrv ;LCC to IN reqiiirerl to tincl specially, if they fiud that 110 is n o t guilty, wliether he w a s of unsoancl mind at thc 30 time wlien such act 01' omission took place, and t o say wliether he is acquitted by tliein on account of snclt itiisouudaess ol' mind ; and iU they find thnt he was of unsound iniiitl at the time when sucli act or ornissjoa took ldacc, and say that he is acquitted by thcni 05 account of such nnsoundness of mind, tlic Court is m p i i c d to order him to bo 35 kept in strict custody, in suoh place ani1 i n such maliner as the Court thinks fit, until Her Majesty's plcasiirc iu 1cucrn.n.

I n any such msc the Qovc1*110r, in tlra u m i c oL' 1 Icr il/Jajest,y, may give such orclcr For the si~l'c custodJ- ot' siicli 111:rson (litring 111s

~11e:is11rc, in such plilc(> of coufincment, ;md iii such mantiel*, :M $110 40 OQVC~WW in Council may tliiuk fit.

s, ,#q,

I

C?onvicled .Pei*soi~ to bc ^{c d c d mi} LO Slcozu Ccttrsc.

W7

689.

'CVlieit tln xcc.usud pwwii 1)lracls Iluit he is guilty of ally oIIeiicc, :mrl whcii, 1~1)oii tt?til, :in aecascd 1iersoii is coiivictcd

UP

any olk~ice, tltu p i v p oifiual: ib rccluirctl t o ask him vvl~c;tl~cv IIO 11:~s any- $5 thing t o ^say why rcntonct: slwlcl uot bo ~ I ; L S S C ~ L L ~lI ~: Iht, i ~;LU

onlissioii to clo so does not invalitl:ih> tlic j~it1~111011t.

Awest qj' Jidgmcrat.

W 662. A person coiivictcd of an indictsbla oll'euce, whcthur ⁰¹¹ his plen o f guilty ^OP olhevwist:, 111:iy t ~ t any tinio bufow Ycubcnce move 50 that judgment be wrested on the grotiiicl tlinl tho hidictmcut does not clisclose any oL€eiice.

Upon the hearing 01 tho ~noiiron the Gonrl illay nllo~v any s~nch amendments of the indictment 3s it might have allowed before

verdict. 65