224 CRIMES AND PUNISHMENTS. [ART. 30.

whether original, communicated, or copied from any other
publication, every proprietor and publisher shall be held to be
guilty of a misdemeanor, and on conviction thereof, shall be
punished by a fine of not less than twenty nor more than two
hundred dollars, and imprisoned for not less than ten days nor
more than one year, in the discretion of the court in which the
conviction shall be had. And each successive number of any
newspaper, or periodical, containing any such obscene or licen-
tious matter, shall be deemed a new publication thereof, and
shall subject every proprietor and publisher to indictment and
punishment as for a distinct offence.

INDICTMENTS—FALSE PRETENCES—GAMING AND LOTTERIES.

79. Whenever the misnomer of any defendant or defendants
is pleaded in abatement to any indictment in any of the courts
of this State having criminal jurisdiction, it shall be lawful for
the State's Attorney prosecuting the same, or other person pro-
secuting for the State, on application to the court, to amend the
said indictment by inserting in the place of the name or names
so erroneously set forth in the said indictment, the true name or
names of such party or parties, as disclosed in the said plea of
abatement, and it shall be the duty of the clerk of the court to
endorse the amendment, and to enter the said case upon the
docket of the court, according to the true name or names of the
party or parties so indicted.

80. Whenever it shall appear after a jury sworn on any in-
dictment, in any of the courts of this State having criminal
jurisdiction, that the name or names of any person or persons
other than the defendant or defendants have been erroneously
set forth in the said indictment, it shall be lawful for the State's
Attorney, or other person prosecuting for the State, on appli-
cation to the court to amend the said indictment according to
the proof in the said cause; and it shall be the duty of the court
in which such trial shall be had to proceed with the trial of the
said indictment so amended, unless oath shall be made by the
party or parties so charged that the said amendment or amend-
ments has or have disclosed a fact or facts to him heretofore
unknown, or that the immediate proceeding with the trial of the
said indictment would tend to his prejudice; and in such case it
shall be the duty of the court to discharge the jury sworn in the
said case without a verdict, and to postpone the trial thereof for
such reasonable time as the court shall determine; or in case the