Fines, right to, when the subject of a quo warranto inform-
Force and arms, omission of the words, in an indictment, not
material, 11, 98.
Forcible entry, writ of restitution upon indictment for, 111.
Forfeiture of office, replication of, to plea of statute of limita-
tions in quo warranto, 124.
Forfeiture of recognizance, how, upon articles of the peace, 317.
Franchise, what, the subject of a quo warranto information,
115, 123; there must have been a user of it, 116. In-
formation for the abuse of it, 122.
Freehold offices, mandamus lies in respect of, 249.
Freemen, mandamus to admit or restore, 275; corporation
books relating to the admission or swearing in of, to be
open for inspection, 145.
Further time to plead, &c., in quo warranto, 119, 138; in
mandamus, 276, 303.
Gaming-houses, punishment for keeping, 108.
Gaol, indictments for offences respecting, 6.
Gaoler, copy of warrant of commitment to be given by, 338;
his certificate at the foot thereof, 350.
Gaoler, service of habeas upon, 337, 347.
Gaoler, mandamus to, to deliver up the dead body of a person
in his custody, 273.
Gates on turnpike-roads, indictments for offences respecting, 7.
General issue, not guilty, form of it, 60.
General reply, in a trial at nisi prius, 91.
Goods, mandamus to a railway company to carry, for a carrier,
refused, 258.
Good behaviour, recognizance for, court may adjudge a de-
fendant convicted of a misdemeanor to enter into, 109.
Government, offences immediately relating to, information for,
to be filed ex officio, 26.
Grand juries in the court of Queen's Bench, 2; times of their
attendance, 2; mode of preferring a bill of indictment to
them, 3; bill how found by them, 3; habeas corpus to
bring a prisoner before them to give evidence, 3, 348, form
of it, 348; subpœna to give evidence before a grand jury, 83.
Guardians of the poor in an union, mandamus to, 233, form
of it, 238; their office not one for which quo warranto
will lie, 122.
Guernsey, direction of habeas to, 341, 344.
Guilty, plea of, 59, form of it, 60.
Habeas corpus, generally, 329.
1. Habeas corpus, and certiorari, to bail a prisoner, 330:-
in what cases, 330; how obtained, 330; and form of the
writ, 332, notice to be served with it, 332; certiorari to
coroner for depositions, 332, the like to justices, 333, notice
of bail, 333; recognizance, 331, form of it, 335;
how if the prisoner be poor, 331; affidavit of service of
rule nisi to bail in the country, 334, notice of bail in the
country, 334. Depositions, &c., to be transmitted, 331.
2. Habeas corpus, to discharge a prisoner illegally committed,
335-in what cases, 335; how obtained, &c., 344; form
of the writ, 332, notice to the prosecutor and committing
magistrates, 345; when and how returned, 346; affidavit of
the service of the writ, 346, affidavit of search at the crown-
office for the return, 346. Discharge or remand of prisoner,
346.
3. Habeas corpus ad respondendum, 347:-in what cases,
58, 3, 172; how obtained, 347; form of it, 59, 347.
4. Habeas corpus ad testificandum, 348 :-in what cases,
348, 81, 306; how obtained, 348; form of affidavit, 348,
83; form of the writ, 83.
5. Habeas corpus to remove a prisoner for trial, 349:-in
what cases, 349; how obtained, &c., 349; affidavit for it,
350, gaoler's certificate, 350, form of the habeas corpus,
350, of the recipias corpus, 351.
6. Habeas corpus to bring up a prisoner for judgment, 351:
-in what cases, 351, 105; how obtained, &c., 351; form
of the writ, 352.
Habeas corpus, to give evidence before a grand jury, 3, form
of it, 348.
Habeas corpus, to bring up a prisoner, to charge him with
articles of the peace, 315.
Habeas corpus ad subjiciendum, 330, 342, 352, form of it, 332.
Habeas and recipius corpus, writs of, 349, forms of, 350, 351.
Habeas corpus not granted to a prisoner under an attachment,
to enable him personally to move to set it aside, 328.
Habeas corpus act, 31 C. 2, c. 2, p. 327.
Habeas corpus, to bring up a prisoner, to be present at the
nomination or striking of a special jury, 77, form of it, 79.
Habeas corpus, to bring up a prisoner, defendant, for the pur-
pose of awarding execution upon him, form of it, 352.
Hard labour, in what cases adjudged for misdemeanors, 108.
Hearsay, not evidence, 87; exceptions, 87.
Highway, indictment for not repairing, against whom, 5;
what local description to be given of it, 9; judgment upon,
when stayed, 97; distringas after judgment, 111, 112,
form of it, 114.
Highway, tools or materials for repairing, property in, how
described in indictment, 7.
Highway, surveyors of, certiorari not granted to remove their
appointment, 200.
House of correction, indictment for offences relating to, 6.
Husband and wife, may exhibit articles of the peace jointly,
314; one may exhibit articles against the other, 312, and
the wife may employ an attorney to do so, at her hus-
band's expense, 312.
Illegal imprisonment, habeas corpus in case of, 335.
Immaterial traverse, of return to a mandamus, how objected
to, 302.
Imparlance, in what cases, 57, 173; in what not, 57, 58.
Imprisonment, illegal, habeas corpus in case of, 335.
Imprisonment, none, after discharge upon habeas, except by
order or process of the court, 340.
Imprisonment, punishment of misdemeanors by, 108.
Inclosures, commissioners of, mandamus to, 264.
Incompatible offices, quo warranto information in the case of,
120, 124.
Inconsistency in the return of a mandamus, 295, 294.
Indecency, public, in what cases of, a criminal information will
be granted, 25.
1. What, and in what cases, 2 ; how preferred and found, 2.
2. Form of it, 3,-the commencement, 3; the body of the
indictment, 4,-description of the defendant, 4,—descrip-
tion of the indictor or party injured, 5,-the facts, &c.
constituting the offence, 7,-time and place, 7;—it must
be positive, 9,-it must be certain, 9,-it must not
be repugnant, 11; technical words, 11;-the con-
clusion, 11.-Joinder of offences, 13;-joinder of de-
fendants, 13. Form of the indictment generally, 14;
of indictment for an assault and battery, 14; of indictment
for an assault upon a peace or revenue-officer, or upon any
person acting in his aid, 14; of indictment for a con-
spiracy, 15.
Indictment, caption of, 202; return of, upon a writ of error, 202.
Indictment, process upon, 43. See "Process."
Indictment preferred in county of city or town corporate, how
removed to the adjoining county, 349.
Indictment, certiorari to remove, at the instance of the
defendant, 157 ; at the instance of the prosecutor, 169.
Indictment, remedy by, does not prevent a mandamus issuing,
Indictor, how described in an indictment, 5.
Indorsement on certiorari to remove indictment, 161; on writs
of habeas corpus, 330, 345; by Judge on habeas, 348; on
writs generally, Intro. xlvii., s. 2.
Infant, recognizance for, upon articles of the peace, 316.
Inferior tribunals, mandamus to, 215, 230; writ of error from,
to the Queen's Bench, 200.
Information, criminal, 16, 40. See "Criminal Information.”
Information, criminal, ex officio, 42; in what cases, 42; how
filed, &c., 42; form of it, 42.
Information, criminal, process upon, 44. See "Process." Re-
cognizance to appear and plead to, 55.
Information in the nature of quo warranto, 115, 134, form of
it, 135. See "Quo warranto." Distinction as to where it
or a mandamus lies, 117. When to be filed by the
attorney-general ex officio, 122, 123, 127.
Information before justices, not removeable by certiorari, 200;
mandamus to justices to receive, 231.
Inhabitants of a parish, mandamus to, 213.
Inn of court, mandamus to the Benchers of, refused, 261.
Inquiry, writ of, in mandamus, in what cases, 306; in what
not, 307.
Inquisitions before coroners, certiorari to remove, 173, 198.
See" Certiorari." Coroner, when ordered to return them
to the court of oyer and terminer of the county where the
defendant is to be tried, 349, 350.
Inquisitions in compensation cases, certiorari to remove, 199.
Inspection of corporation books, &c., 145; mandamus to allow,
251; of voting-papers, by burgesses, 145; of county
rates, mandamus to allow, 215; the like, of overseer's
accounts, 237, of a poor-rate, 237, of a sewer's rate, 264,
of books of public companies, 256, of a register of pre-
sentation, 273.
Insurance company, mandamus to, to transfer shares, refused,
274.
Interment of a corpse, mandamus to rector to cause, 272.
Interpleader in mandamus, as in civil actions, 304, 276.
Interrogatories upon an attachment, 328; examination upon
them, 329.
Ireland, service of subpoena in, to give evidence in England, 80.
Issue, none made up in criminal cases, or in quo warranto,
146.
Jeofails, statutes of, extended to proceedings on mandamus, 276,
311, and to quo warranto informations, 152.
Jersey, habeas corpus may be directed and run into, 341, 344.
Joinder of defendants, in indictments or informations, 13; in
quo warranto informations, 136.
Joinder in demurrer, upon indictments or informations, 63,
rule to join in, 63, joinder, 65; upon a mandamus, 299,
rule to join in, 299, joinder, 300; upon quo warranto in-
formations, form of it, 143, 144.
Joinder in error, 203; rule to join in error, 203; judgment
for want of, 203.
Joinder of offences in an indictment or information, 13.
Joint-tenants, ownership of, how stated in indictment, 6.
Judge at the assizes, mandamus to, refused, 273.
Judge's allocatur, where prosecutor's costs are to be paid out
of a fine, 99.
Judge's fiat. See "Fiat."
Judge's order, for a view, 77; difference between a judge's
order and a rule, in respect of disobeying them, 319.
Judge's warrant, upon an indictment or information, 43, 44,
46, 67, 104, 111, 171, 172; after outlawry, 52.
Judgment, arrest of, upon indictments or informations, 98,
105; upon a quo warranto information, 148.
Judgment on confession, 59, form of it, 61.
Judgment by default, upon an indictment or information, 56,
57, 59, 165, 172; how signed, 60, form of it, 61;—
upon a quo warranto information, 138, 139, 141, how
signed, 138.
Judgment on demurrer, upon indictments or informations,
63, 64.
Judgment for want of joinder in demurrer, upon indictments
or informations, 64.
Judgment upon mandamus, 277; on demurrer to return,
299.
Judgment as in case of nonsuit, in mandamus, 307.
Judgment of ouster, upon a quo warranto information, 119.
Judgment of outlawry, 52.
Judgment after verdict, upon indictments or informations,
100-in what cases, 100: sentence at nisi prius, 103;
sentence by the court in banco, 103-107, 167; notice
to the defendant, 104. The judgment, 107; judgment,
when and how signed, &c., 109; judgment of conviction
upon verdict, 109; judgment upon acquittal, 109; final
judgment after judgment by default, 110.
Judgment after verdict, in quo warranto informations, 149,
for the crown, 150, for the defendant, 150; in what cases
revived by scire facias, 150.
Judgment, recognizance to appear and receive, when called
upon, in what cases, 102.
Judgment, habeas corpus to bring a defendant (prisoner) u
for judgment, 351, form of it, 352.
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