Judgment for want of a replication, upon an indictment or information, 61; how signed, 62, form of it, 62;-upon a quo warranto information, 141; upon a mandamus, 302. Jurisdiction of the court of Queen's Bench over inferior tri- bunals, how exercised, 153.
Jurisdiction of coroners, want of, how objected to, upon certiorari, 173 174.
Jurisdiction of justices, want of, how objected to, upon cer- tiorari, 155, 180; if they appear to have, the court will not inquire into the sufficiency of their reasons for the decisions, 227 228
Jurors, attachment against, in what cases, 321.
Jury, called, challenged and sworn, 85.
Jury, in what cases discharged from giving a verdict, 93. Jury, person serving on, who was not returned on the panel, when to be objected to, 98.
Jury process upon indictments or informations, 75; on indict- ments removed by certiorari, 166, 173; in cases of mandamus, 306; and quo warranto, 147; venire, 78; distringas, 78; distringas for a view, 78; affidavit of service of rule for special jury and appointments, in order to reduce a special jury ex parte, 79; habeas corpus to bring a prisoner to the crown-office, to attend the nomination, &c., of a special jury, 79.
Jury process, award of it upon the record, 71.
Justices of the peace, criminal information against, in what cases, 18; motion when to be made, 22; previous notice thereof, 22, 29. Scandalous words to, in the execution of their duty, 23. Subpoena to compel the attendance of witnesses before, 81. In what cases entitled to costs, as prosecutor of indictment, 169. Their convictions and orders, in what cases removable by certiorari, 178; notice of motion, 180, and form of it, 182, 183, and affidavit of service, 183; certiorari to remove depositions, &c., 333. Justices, jurisdiction of, see "Jurisdiction.” Justices, mandamus to, in what cases, 215, at sessions, 215, 220, 224, out of sessions, 226, 228; mandamus to justices at sessions, to enter continuances and hear an appeal, 230; to justices out of sessions to receive an information, 231, or to grant a warrant of distress, 232, 228.
Justices, notice to them of habeas to discharge a prisoner com- mitted by them, 345.
Lancashire, award of mittimus to, 70, form of it, 73, mittimus 73, mittimus for a special jury, 74; judge's order necessary to have the trial in the southern division of, 70.
Lancashire, direction of attachment into, 327.
Land taken or injured by railway company, mandamus to assess compensation for, 257.
Land-tax, clerk to commissioners of, his office not one for which a quo warranto will lie, 122.
Land-tax assessment, not removable by certiorari, 200. Leading questions, not allowed in the examination of witnesses, 87; but otherwise in the cross-examination, 89.
Leave to file a criminal information, how requisite, 17; leave to file a quo warranto information, 115.
Lectureship, mandamus to admit or restore to, in what cases, 270, 271.
Leet, court, quo warranto against a person for holding, 121, 122, or for acting as bailiff of, 121, or steward of, 121. Mandamus to restore to the office of steward of, 268. Letters, if any, to be set out in articles of the peace, 314. Levari facias, upon an indictment or information, for a fine, 111, form of it, 112; upon a conviction or order removed by certiorari, 189, form of it, 190.
Libel, criminal information for, in what cases, 23; for blas- phemous or obscene libels, 25; affidavit for an information for a libel in a newspaper, 31, certificate of declaration of publisher at the stamp-office, to be annexed to and veri- fied by it, 32, 33, form of the affidavit, 35, and of the affidavit verifying the certificate, 35; information for a libel in a newspaper, 41.
Libel on the court of Queen's Bench, attachment for, 322. Licence of a bishop to a curate or lecturer, refusal of, when good cause against a rule for a mandamus to admit or restore, 271.
Licence for Queen's counsel to act for a defendant in a cri- minal prosecution, how obtained, 84; form of the petition, 84.
Limitation of time, for applying for a quo warranto, 123, 124; plea of, 123, and replication to it, 124.
Limitation, in what cases only, for applying for an attachment, 325.
Local offences, certainty of place in indictments for, 9.
Lords of manors, mandamus to, 267; form of it, to admit to a copyhold, 268.
Lord steward of University, mandamus to elect, 261.
Lords of the Admiralty, mandamus to, 274.
Lords of the Treasury, mandamus to, 273.
Magistrates. See "Justices of the peace."
Maintenance, costs of, mandamus to justices to allow, upon appeal, 215.
Maintenance of public works, mandamus to compel, 256, 258. Man, island of, direction of habeas corpus to, 344.
Mandamus, writ of, 204, &c.
1. The writ, and in what cases it lies, generally, 204; form of the writ generally, 210; how directed, 213; teste and return of it, 213.
2. Mandamus in particular cases, 214:
To justices in or out of sessions, and to other inferior tribunals, 215; to justices at sessions, 215: to justices out of sessions, 226; to other inferior tribu- nals, 230-form of mandamus to justices at sessions, to enter continuances and hear an appeal, 230; to justices out of sessions, to receive an information, 231; to justices out of sessions to grant a warrant of dis- tress, 232.
To parish-officers, 233 :-to guardians of an union, &c., 233; to vestries, 234; to churchwardens, 235; to churchwardens and overseers, 235; to others, 238. Form of mandamus to guardians, to obey an order of the poor-law commissioners, 238.
To corporations aggregate, and corporators, 239:-to elect, 239; form of the mandamus, 244, and of the notice to be appended to the rule, 245; to admit or swear in, 245, form of the writ, to administer decla- ration and admit, 247, the like, to insert name on burgess-roll, 248; to restore, 249, form, 250; to serve, 250, form, 251; to permit inspection of corporate books, &c., 251; to perform other duty,
To public companies, 254:-to the Bank of England, 254; to the East India Company, 255; to canal companies, 255; to dock companies, 256; to railway companies, 257, form of the writ to summon a com- pensation jury, 258; to other public companies, 260. Mandamus to public bodies, 260.
Mandamus to public commissioners, 262:-to com- missioners of bankrupt, 262; to commissioners, &c., of customs, 263; to commissioners of inclosures, 264; to commissioners of paving, &c., 264; to commis- sioners of sewers, 264.
3. The writ, how obtained, and proceedings thereon, 274: Statutes upon the subject, 274, 280.
Motion and rule, 280:-affidavit, 280; motion and rule, 281; costs, 286; the writ and service, 287; quashing the writ, 288.
The return, 289:-how compelled, 289; how made, 289; by whom, 289; what return, 290; several causes, 294; it must be certain, 294; it must be consistent, 295; it must not be a negative pregnant, 296; it must be an answer to the whole writ; 296; return that the writ has been obeyed, 297; the like, to a mandamus to elect, 297, the like, to a mandamus to restore, 297; return that the prosecutor was not elected, 297; returns, where the defendants sever in them, 298. 4. The pleadings and other proceedings, 298.
Demurrer to the return, 298; form of it, 299; joinder, 300; form of the entry on the record, and paper books, 300.
Traverse of the return, replication, &c., 301 :-in what cases, 301; how, 302; form of a traverse, 303; form of a special plea, 303; form of a replication, 304. Interpleader, 304.
Proceedings to trial and execution, 305; record of nisi prius, 308; subpoena for witnesses, 308; costs, 308; execution, 309. Peremptory mandamus, 309.
5. Writ of error, 310.
6. Amendment; 311.
Mandamus, in what cases it or a quo warranto information, the proper remedy, 117.
Mandatory part of a writ of mandamus, 211; it must appear to be warranted by the statute, charter, &c., on which founded, 211, and to correspond with the demand in the inducement, 212.
Mandamus, amendment of, and of proceedings thereon, 311. Mandamus, attachment for not returning it, 321.
Manor, lord of, mandamus to, 267, form of it, 268; must be directed to the lord, or lord and steward, and not to the steward only, 213.
Manslaughter, inquisition and depositions before coroner, to be sent before the court who has to try it, 349; order upon coroner to do so, 350.
Marriage of paupers, fraudulently procuring, criminal inform- ation for, 23.
Married woman, recognizance for, how, 54.
Market, quo warranto against a person holding, 122.
Master, report of, upon an attachment, 329.
Materials for highways, property in, how described in indict-
Mayor of a corporation, within what time a quo warranto against, must be applied for, 124; when to be elected, 242; mandamus as to, 274, 239, &c.
Medical man, opinion of, when receivable in evidence, 87. Members of the House of Commons, attachment against, in what cases only, 321.
Misdemeanor, bail in, on habeas, 331; punishment of, by hard labour, in what cases, 108.
Misdescription of defendant in indictment, immaterial, 4. Misdirection of mandamus, how objected to, and its effect, 291, 213.
Misnomer of defendant in indictment, 4, 5; of indictor, 5. Mitigation of punishment, what matters may be considered in, 106.
Mittimus to a county Palatine, upon an indictment or infor- mation, 70, 166, award of it, 73, mittimus into Lanca- shire, 73, the like, for special jury and view, 74, the like to Durham, 74;-the like in quo warranto informations, 146. Motion for criminal informations, 29, 35; affidavit, 30; pre- vious notice to justices, 29, form of it, 30, and affidavit of service, 30.
Motion for mandamus, 280, 281; affidavit, 280.
Motion for new trial, of an indictment or information, 97. Motion to quash convictions or orders, after removal by cer- tiorari, 196.
Motion to quash mandamus, 212; notice of it, not neces- sary, 212.
Motion for a quo warranto information, 128, 131; affidavit, 128; costs, 133.
Municipal corporations and corporators, mandamus to, 239. See "Mandamus."
Murder, what words necessary in indictment for, 11.
Murder, inquisition and depositions before coroner, to be sent before the judge who is to try it, 349, 350.
Negative pregnant, a return to a mandamus must not be, 296. Negligence in sheriff in not executing a writ, attachment not granted for, 320.
Newspaper, libel in, criminal information for, 23; affidavit, 30,
form of it, 35; form of the information, 41. Declaration of publisher filed at stamp-office, of what it is evidence, 32. New trial, of indictment or information, 96; in what cases, 96, motion, 97; of quo warranto information, 148. Nisi prius record, upon an indictment or information, 70, 166, 173; form of it, 70; award of venire to answer, and mit- timus, on record, in Lancashire, 73; the like in Durham,
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