The Hawaiian gazette., 1876-11-08

long to the person so named, and another or
others as the case may be; and Whenever 10
any indictment for any felony or misdemeanor
il shall be necessary to mention Tor any pur-
pose whatsoever any partners. JOINT tenants
parceners or tenants 10 common Is shall be
sufficient to describe them 10 the manner afore-
said; and this provision shall be construed 10
extend to all joint stock companies aud trustees
Sec. IL. All property, real and personal
whereof any body corporate shall by law have
the management, control, or custody, shall, iOr
the purpose Of any Indictment or proceeding
aguinst any other person for any Otfence eom-
mitted on or 10 respect thereof. be deemed 10
be the property of such body corporate.
Sec. Is. In any indictment Tor murder or
granddaughter or for being IN accessory 10 any
murder or mansaugbter. il shall not be necessary
to set forth the manner in which or the means
by which the death Of the deceased was caused,
but it shall be sufficient 10 any indictment for
murder to charge that the defendant dad ielO-
=iously. willfully and VI his malice afOrsLhOug1t,
kill und murder the deceased and IL shall be
sufficient in any Indictment for manslaughter 10
chnnge that the defendant did lel0ni0usly xiii
and SHAY the deceased and it shall be sufficient
in any Indictment against any accessory TO any
murder or manslaughter, to charge the principal
may be) 10 the manner hereinbelors specified
aud then to charge tha defendant accessory
in the manner heretofore used and accustomed
Sec. To- la any Indictment for forging, ul;er-
ing, uttering or Offering any instrument whatso-
ever. or for passing, negotiating. assigning or
transferring, obtaining or attempting 10 obtain
any property by false pretences Or fOrany offence
against Capter XIII Of the Penal Code it shall
be sufficient where il shall be necessary to ailege
an intent to delraud or Injure to allege that The
defendant did the act with intend TO deiraud Or
injure Gas the case be) without alleging in
tent to defraud or injure any particular person.
and in the fObtalning o. attempting 10 obtain
property by false pretenees, without alleging any
ownership of the money or other thing OF value.
Aud on the trial of any Of the offences 10 this
Section mentioned, it shall not be necessary 10
prove an intent on the part of the defendeut 10
defraud or Injure any particular person, but 1t
shall be sufficient to prove that the defendant
did the act charged with al intent 10 deiraud or
injure las the case may be.)
Sec 20. In any indictment tor any offence
committed after previous conviction or cOnyc-
tions for any felony or msdemeanor, it shall be
sufficient after charging the Subsequent offence tO
state that the offender was at certain time and
place, or at certain times and places. convicted OF
felony or misdemeanor, and TO state the sub
obhuCo tucIL Oull uniting AOthui palb VI
the indictment and conviction, for the previous
offence without otherwise describing the previous
offence or offences.
Sec 2l.-ln every indictment whatsoever in
which it shall be necessary 10 make any aver
ment as to any money valuable security. and
in every indictment for embezzlement, fraudulent
application or fraudulent disposition where the
offence shall relate to any valuable security, it
shall be sufficient to describe such money or
valuble security simply as money, without sPeci-
flying any particular coin or valuable security.
And such allegation so far regards the de- /
scrption of the property, shall III all cases be
sustained by proof OF any amount OF coin, aud 10 4
the cases Of the offences hereln0sfOre ia this sec
ton specially named Of any valuable security, al /
though the particular species Of coin Of which ]
said amount was composed or the particular
nature oil the valuable security shall not be
proved, and 10 the cases of the offences so spe-
,lally named aud also 10 the case OF obtaining
money Or other property by false pretence5, by
proof that the offender embezzled tnudulently
applied or disposed Of any amount or obtained
any piece OF coin or any valuable security or any
portion OF the value thereof respectively although
such piece OF coin or valuable security Gas tue
'ase may beg may have been delivered to ann 10
'rder that some part Of the value thereof should
De returned to the party delivering the same or
" aug ObueI pelsou, uuu sucn part Suah nave r
been returned accordingly.
Sec. %. II shall be lawful to insert several
counts 10 the same indictment against the same
person for any number Of distinct acts of steal
ng, not exceeding three. which may have been
by him against the same person With
q the space Ofsx months from the first to the
asst OF such Acts, and to prosecute thereon for
il or any Of them.
Sec. %. If any indictment for stealing or for
ny fraudulent purpose, destroying, cancelling,
bliterating or concealing the whole or any part
I any document Of title to lands, it shall be- suifi-
tent to allege such document TO be or TO con.
ain evidence Of the title or Of part Of the title Of
be person or Of some Of the persons having
n interest whether vested or contingent legal or
qultable in the real estate to which the same
slates aud TO mention such real estate or some
art thereof
Sec. "a In any indictment for any Of the
blowing offences it shall not be necessary TO
ege that the instrument. document, article or
hing IN respect OF which the offence is committed
the property OF any person THAT is 10 say)
he offence Of Stealing any testamentary instru-
ent. The offence OF stealing any original docu-
ent OF any court. The offence Of stealing or OF
pplng cutting, severing or breaking with ia
mt to steal anything made Of metal fixed in
y square or street, or in any place dedicated to
lblic use or ornament.