informations, filed either by the Queen's Coroner and Attorney, or by the Attorney-General ex officio; and Informations in the nature of Quo Warranto. 2. Proceedings in the court, as a court of supervision or appeal namely, by Certiorari, Writ of Error, and Mandamus. 3. Collateral proceedings, namely, Articles of the Peace, Attachment, and Habeas Corpus. In treating of the original proceedings, I first treat of Indictments as preferred in this court, of Criminal Informations filed by the Queen's Coroner and Attorney, and of the like Informations filed by the Attorney-General ex officio; I then treat of the Process upon these Indictments and Informations, Outlawry, Bail, the Appearance and Plea, Replication, &c., Demurrer, Suggestions for Trial in another county, Proceedings to compel the defendant to go to Trial, Costs of the Day for not proceeding to Trial; the Notice of Trial, Nisi Prius Record, Jury Process, and all the other proceedings to and at the trial; the Postea, New Trial, Arrest of Judgment, Costs; the Judgment and Execution. In treating of the Information in nature of a Quo Warranto, after stating at considerable length in what cases it lies, within what time to be brought, and upon whose application granted, I proceed to treat of the Motion and Rule for it; the Information itself; Process upon it; the Appearance; the Pleadings; Notice of Trial; Nisi Prius Record, and other Proceedings to Trial; Postea, Costs, Judgment and Execution. In treating of the proceedings in this court, as a court of supervision or appeal, I first treat of the Writ of Certiorari, for the removal of Indictments, at the instance of the defendant, and of the prosecutor, together with the proceedings thereon to judgment and execution; then of the Certiorari to remove Coroners' Inquisitions; and next of the Certiorari to remove Convictions, Orders of Justices in or out of Sessions, and in other cases. I then treat of the Writ of Error, from inferior courts to this court, as well as from this court to the Court of Exchequer Chamber. Lastly, in treating of the Writ of Mandamus, I first treat of it generally; I then treat of the cases, particularly, in which it lies, namely, tó Justices of the Peace in or out of Sessions, to Parish Officers, to Corporations and Corporators, to Public Companies, to other Public Bodies, Public Commissioners, Public Trustees, Lords of Manors, in Ecclesiastical matters, and in other cases; I then treat of the motion and rule, the suing out of the writ, the return, the pleading and proceedings to execution, and writ of error. Lastly, I treat of collateral proceedings, namely, the Proceedings upon Articles of the Peace; Attachment, in what cases, and the proceedings upon it; and Habeas Corpus,-for the purpose of bailing a prisoner, of discharging him when illegally imprisoned, habeas corpus ad respondendum, habeas corpus ad testificandum, habeas corpus to remove a prisoner for trial; and habeas corpus to bring a prisoner up for judgment. To these, severally, are added forms in almost every case; certainly in every case which can be at all useful in practice. From this enumeration, the reader may perceive that a vast variety of subjects are treated of in the course of this little work,-and treated of very fully, although in language very concise, as concise indeed as was consistent with perspicuity. Small as it is, it has been a work of great labour; but if it be found really useful, I shall consider myself amply repaid for the labour and pains I have bestowed upon it. 4, KING'S-BENCH WALK, Temple. J. F. A. TABLE OF CONTENTS. 1. What, and in what cases, 2; how preferred and 2. Form of it, 3-the commencement, 3; the body of the indictment, 4,-description of the defendant, 4,-description 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 conclusion, 11.-Joinder of offences, 13;-joinder of defendants, 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 indict- SECT. 2. Criminal Information by the Queen's Coroner and 1. In what cases, 16:-in what cases generally, 16;-against magistrates, 18; against parish officers, &c., 23;-for libel, &c., 23,-for challenges to fight, breaches of the peace, &c., in other cases, 25; in what not, 26;-not where the prosecutor has adopted another remedy, 26,-not where the prosecutor is 2. Motion and rule, 29 :-notice to justices, 29,- form of it, 30,-and of affidavit of service, 30;- affidavits, 30;-form of affidavit to obtain a criminal information for a libel in a news- paper, 35,- and of affidavit verifying the stamp-office certificate, 35;—Motion and rule nisi, 35;-form of rule nisi, 36,—and of affi- davit of service, 36;-cause shown, 36;- form of enlarged rule, 37,-of rule absolute, 38,-of rule discharged, 38;-costs, 38. 3. The information, and how filed, &c., 39:- recognizance, 39,-form of it, 40-the in- formation, 40,-form of it generally, 40,- form of information for a libel in a newspaper, SECT. 4. Process upon an Indictment or Information, 43. Regular process upon an indictment, 43 :- venire facias, 43;-distringas, 44;-alias and pluries distringas, 44;-capias, 44;-alias Regular process upon an information, 44:- subpoena to answer, 45; affidavit of service thereof, 46;-attachment to answer, 46;- Process of outlawry, 47: capias, alias and pluries, 47, 48;-capias cum proclamatione, 49, 50;-writ of exigent, 50;-writ of pro- clamations, 49, 51;-allocatur exigent, 51. |