The Hawaiian gazette., 1876-11-15
SESSION LAWS OF 1876.
AN ACT
To regulate the practice and procedure in
criminal cases.
Continued from last issue.

I NlAullual Eases.
Continued from last issus-)
Sec -. For preventing difficulties in th;
prosecution Of offenders in any case of embezzle
ment or fraudulent application or disposition b,
any person. 1t shall BE- lawful TO charge in the in
dictment and proceed against the offender fol
any number Of distinct acts Of ENLIGHTENMENT. Of
Of fraudulent application or disposition not ex
ceeding three, which may have been committed
BY him against the same person within the space
Of six months from the first to the last OF such
acts.
Sec. %. In every case If larceny committed
against His Majesty. or embezzlement fraudu
lent application or disposition committed agains,
His Majesty, OF any chattel, money. or valuable
! security, It shall be lawful in the order of com
initial By the justice. before whom the offender
shall be charged, and in the indictment to be pre-
ferred against the offender, to lay the property
of any such chattel. money. or valuable security
as aforesaid in His Majesty
See. ~ In every case of stealing any cbattel
let to be used in or with any house or lodging
it shall be lawful to prefer an indictment in the
common form as tor larceny, and IN every case
of stealing any fixture so let as aforesaid to pre-.
| fer an indictment IN the same form US il the
offender were not tenant or lodger. and in
either case to lay the property 10 the OwLer or
! person letting to hire.
Sec. %. In any indictment containing a
Charge OF teonlousy stealing any property it
shall be lawful TO act a count or several counts
for felouiously receiving the same or any part or
parts thereof, knowing the same tn have been
stolen, and 10 any Indictment for feOnously re-
oeviog any property knowing it to have been
stolen, 1t shall be lawful to add count for felo-
niously stealing the same.
Sec. %. In any indictment for forging, alter.
ing, Offering, utteriug dispOsing Of or for stealing
embezz.ing, extorting, converting, disposing Of
destroying or conceali0g, or for obtaining by false
pretenceS any instrument il shall be sufficient to
describe such instrument by any name or dssig.
nation by which the same may be usually known
or by the purport thereof, without setting out
any copy or fac-simile thereof or otherwise de-
scroiug the same or the value thereof
Sec. 80. lG all other cases whenever 1t shall
be necessary to make any averment ia any in
dictment as to any Instrument whether the same
consists wholly or in part of writing. print or
figures, it shall be sufficient TO describe such in
slrument by any name or designation by which
the same may be usually known or by the pur.
port thereof without setting out any copy or fac.
smile Of the whole or any part thereof
Sec. 81. In any Indictment for perjury or I'M
lawfully, willfully falsely. fraudulentIy deceit
fully, maliciOusIy or corruptiy, taking, making,
signing or subscribing any oath affirmation, de-
claratlon, afhl deposition. bill answer
notice, certificate or other writing, it shall be
sufficient 10 set forth the substance of the offence
charged upon the defendant, and by what court
or before whom the oath. affirmation,
declaration, affidavit, deposition, bill an.
swer, notice, certificate or other writing was
taken. made signed or Subscribed, without set
ting forth the bill, answer. Affirmation, informa-
ton, declaration, or any part of any proceeding,
either in law or IN equity or other Jurisdiction
and without setting forth the commission or
authority Of tbs court or the person before whom
such offence was committed.
Sec 3D. In every indictment for subOrnation
of perjury or OF corrupt bargaining or contract,
ing with any person to commit wiful and cor
rupt perjury, or for melting. causing or procuring
any person unlawfully, willfully falsely, fraudu.
lenuy, dsceitfully, maciously or corruptIy, to
take. make, sign or subscribe any oath or afir-
nation, declaration affidavit deposition bill, an
swer, notice certificate or other writing, it shall
be sufficient wherever, such perjury or other
offence aforesaid shall have been actually com
mtted, to allege the offence of the person who
actually committed such perjury or other offence
in the manner hereinbefore mentioned, and then
to allege that the defendant unlawfully, wfuy,
and corruptly did cause and procure the said
person. the said offence, in manner aud form !
aforesaid TO do and commit; and wherever such |
perjury or other offence aforesaid shall not have
been actually committed it shall be sufficient to
set forth the substance of the offence charged up
on the defendant without setting forth or avering
any Of the matters or things hereinbefore rem
dered unnecessary to be set forth or ayerred in /
the case Of Wiilful and corrupt perjury.
VL-0bjections to indictments, how TAKEN
power of amendment.
Sec. 80. Every objection to any indictment
for any defect apparent on the face thereof, !
shall be taken by demurrer or motion to quash |
such indictment before the accused has pleaded /
and not afterwards; and every court before
which any such objection shall be taken for any
such defect may ii it be thought necessary,
cause the indictment to be forthwith amended in /
such particular by some officer Of the court or
other person, and thereupon the trial shall pro.
coed as il no such defect had appeared aud no
motion in arrest Of judgment shall be allowed
for eny defect in any indictment which might
have been taken advantage Of by demurrer or
motion to quash as aforesaid.
VlI-Postpouemen Of trial, etc.
Sec. "a No person prosecuted shall be en-
titled Of right to traverse or postpone the trial
of any indictment preferred against him or to
have time to plead or demur to any such indict-
ment allowed him. Provided. always. that if
the court before which any person Is indicted
shall, upon the application Of such person or
otherwise be Of opinion that he ought to be al
loved further time to plead, demur or to
prepare for his defence or otherwise, such court
may grant such further time to plead or
iemur, or may adjourn receiving or taking of the
plea or demurrer and the trial Tor as the case
nay be) Of such person to the next or any sub
equeut term OF the court aud upon such terms
Is to bail or otherwise to the court shall seem
meet.
YIII-COurt fees not payable by defendants
Sec. IS. Il shall not be lawful to take, de-
nand or receive any court fees for the issuing of
ny process for or on behalf ofany person charged
Nth indicted for any felony or as accessory /
hereto or with or for any misdemeanor IN any !
curt Of iminaljurisdction nor shall it be Law. :
al to take. demand. or receive any fees from
ny such person for taking any recoguizauce of :
all. or issuing any writ Of ha6eas corpus or re-
Ording any appearance. or plea to any iaforma- q
ion, or for discharging any recognizance taken a
ON any such person. or surety or sureties for /
hem, but all costs may be ordered to be paid by :
he person charged and convicted as part Of the !
ldgment. =
IX--Arraignment, plea, etc. &
Sec. Sc. If any person being arraigned upon {
ny Indictment for any offence shall plead there |
a plea of not guilty. be shall By such plea c
ithout any further form. be deemed to have pot q
mself upon the country for trial and the court u