The Hawaiian gazette., 1876-11-08

under the warrant Of g. D., Esq, Police or Dis
trct Judge oil. upon charge oil
......, and whereas it has been certi-
fed to US Tor meg by HIS Excellency q. F.. the
Attorney General of the Kingdom, that he de.
cllnes to present any indictment against the said
G. D. for the said offence; you are therefore
hereby authorized and required forthwith to dis
charge the said A. B. from your custody upon
the said warrant.
Given nnder our (or my hand this. ,.....
day Of 49,.
G. II. Judges Tor Judge) of the
J. X. Supreme Court
Order and direct the Marshal or Gaoler in
whose custody any such prisoner shall be. i'm
medately to discharge the prisoner therein men
toned from Imprisonment, in respect oil the Of
fence mentioned in the said warrant.
lII.-Venue, &C.
Sec. 6. The offence of any person who shall
be an accessory either before or after the fact to
any felony may be dealt with, enquired Of tried
determined and punished by any court which
shall have jurisdiction to try the principal felony
or any lelonies committed 10 any place, in which
the act by reason whereof such person shall have
become such accessory shall have been com
mtted.
Sec. Z. The offence OF Polygamy may be dealt
with, enquired OF, tried, determined and punished
in any jurisdiction within which the offender
shall be apprehended or be in CUSTODY in the
same manner in all respects as if the offence had
been actually committed within that jurisdiction.
Sec. 8. Whosoever shall receive any chattel
money, valuable security, or other property
whatsoever, knowing the same to have been
ieloniously or unawiully stolen, taken, obtained,
converted, or disposed OF, may (whether charged
US an accessory after the fact of the felony or
with substantiatve felony, or with a msde-
meanor onlyl be dealt with, indicted. tried and
punished in any Jurisdiction in which he shall
have had any such property in his possession, or
iL any jurisdiction III which the party guilty Of
the principal offence may by law be tried, in the
same manner as such receiver may be dealt with,
indicted against, tried and punished in the juris-
diction where be actually received such property.
Sec. 9. Whosoever shall steal any part Of
any ship which shall be distress, or shall CON-
init any other Of The offences enumerated 10 the
Section of Chapter XIII. OF the Penal Code,
may be indicted and tried before any Court Of
Record.
Sec. TO- Whosoever shall commit any offence
81 forging or altering any matter whatsoever, or
1t Offering, passing, nogotia ting, assigning or
any matter whatsoever, knowing the
same 10 be forged or altered, may DO dealt with,
indicted, tried and punished iu any Jurisdiction
q which he shall be apprehended, or be in
custody in the same manner in all respects as il
his offence had heen actually committed in that
Jurisdiction. And every accessory before or
llter the fact to any such offence, may be dealt
With, indicted, tried and punished in any uris-
LECTION III which he shall be apprehended, or be
II custody 10 the same manner in all respects as
bis offence, aud the offence OF bis principal had
,eeu actually committed in such Jurisdiction
-.
liter, or put of any false or counterfeit coin IN
me jurisdiction, aud snail also tender, utter or
Tut off any other false or counterfeit coin in any
'ther jurisdiction, either on the day Of such FIRST
mentioned, rendering, utteriug or putting of or
within the space OF ten days next ensuing, or
Tbere two or more persons acting IN concert in
Inherent Jurisdictions shall commit any offence
gainst Chapter XXI of the Penal Code, every
UGH offender lnay be dealt with, indicted, tried
nd punished and the offence laid and charged to
ave been committed In any one OF the said
10 the same manner 10 all respects
$ IT the offence had been actually and wholly
ommitted within Que such jurisdiction.
Sec. IL. II shall not be- necessary to slate
ny venue IN the body Of any indictment, but the |
named in the margin thereof shall be |
lken to be the venue for all the facts stated IN |
be body Of such indictment: provided that 10
lses where local description IS or hereafter
lall be required, such local description shall be
ven 10 the body Of the Indictment
See. 10. 1t shall be lawful for any Courtof /
'ecord, or any judge thereof, at any stage Of
ny criminal proceedings depending therein whe-
Ter the venue be by law local or not, to order
tat the venue be changed, and to direct that
10 trial be had In Honolulu or in some par
cular judicial circuit in such cases aud for
ch reasons as the justice OF the case may re-
lire, and subject to such conditions as the
urt or judge may 10 its or his discretion i'm
$50.
lV.-Joinder Of defendants 10 certain cases.
Sec, Ia. Any number OF accessories, at differ.
t times, to any felony, and any number Of re-
ivers, at different times, OF The whole or any
IT or parts Of any property which shall at one
ne have been stolen, taken. extorted obtained,
ibczzled or otherwise disposed Of in such man
. rs 10 amount TO felony, may be charged
til substantive felonies 10 the same indictment
d may be tried together notwithstanding the
incipul felon, shall not be included in the same
lictment, or shall not DO 10 custody, or amen
10 to justice.
What indictments shall suffice and avail
Sec. Is. No indictment for any offence
Ill be held insufficient for want OF the aver.
mt Of any matter unnecessary to be proved
T for the omissions Of the words az appears
on the record or i" as appears by the record"
Of the words with force and arms or Of the :
rds against the peace" or for the insertion
the words against the form OF the statute,'
tead OF the words against the form Of the
tute," OF vica versa, or for that any person
ntioned in the indictment is designated by q 4
ne OF office or other descriptive sppelatiOn, 4
teae OF bis proper name, or for emitting to
Ia the time at which the offence was com
ted In any case where time is not Of the
eDce Of the offence, or for stating the time
perfectly, or for stating the offence to have
q committed on day subsequent TO the
ing OF the Indictment or on az impossible
{, or on q day that never happened for want
4 proper or perfect venue, or for want Of
per or formal conclusion, or for want Of or
IeFfeeiiou in the addition Of any defendant,
Tor want Of the statement OF the value or
e OF any matter or thing, or the amount of
lage, or Of injury in any case where the
ls or price. or the account Of damage. or in.
,, Is not Of the essence Of the offence.
&c. l6. In any Indictment for any felony, =,
wherein it shall be requisite To Y
9 the ownership Of any property whatsO-
: whether real or personal, which shall be-
! to or be in the possession Of more than
person. whether such persons be partners
rades joint tenants, partners or tenants in
mon, il shall be sufficient to name one Of
persons and to state each property 10 be- ! sIi