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the effect of a

ment for felo- tal, who have undergone the punishment to which they were ny shall have adjudged; be it therefore enacted, that where any offender hath pardon under been or shall be convicted of any felony not punishable with the great seal. death, and hath endured or shall endure the punishment to which

No misdemeanor (ex

such offender hath been or shall be adjudged for the same, the punishment so endured hath and shall have the like effects and consequences as a pardon under the great seal, as to the felony whereof the offender was so convicted. Provided always, that nothing herein contained, nor the enduring of such punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony.

IV. And whereas there are certain misdemeanors which render the parties convicted thereof incompetent witnesses, and it is cept perjury) shall render a expedient to restore the competency of such parties after they party an in- have undergone their punishment; be it therefore enacted, that competent witness, after where any offender hath been or shall be convicted of any such he has under- misdemeanor, (except perjury or subornation of perjury,) and gone the pu- hath endured or shall endure the punishment to which such offender hath been or shall be adjudged for the same, such offender shall not, after the punishment so endured, be deemed to be by reason of such misdemeanor an incompert witness in any court or proceeding, civil or criminal.

nishment for

it.

INDEX.

A.

ABDUCTION of a girl under sixteen, from her parents, &c.,
commitment for, 65. Forcible abduction of a woman, on
account of her fortune, commitment for, 65.

Abettors. See " Aiders."

Abortion, administering drugs &c. to procure abortion, if the wo-
man be quick with child, commitment for, 61; if the woman
be not quick with child, commitment for, 62.

Abusing a female child under ten years, commitment for, 64; as-
sault with intent to do so, commitment for, 65.

Abusing a

female child, under twelve years, commitment for, 64.
Accessory after the fact, commitment of, with the principal, 91;
commitment of, without the principal, 91.

Accessory before the fact, commitment of, together with the prin-
cipal, 91; commitment of, without the principal, 91. Soli-
citing a person to commit an offence, commitment for, 92.
Addenda, 357.

Adhering to the king's enemies, commitment for, 71.
Adjudication, how, 101; form of it in a conviction, 107.
Administering drugs &c. to procure abortion, if the woman be

quick with child, commitment for, 61; if the woman be not
quick with child, commitment for, 62.

Administering an unlawful oath, commitment for; 76. Adminis-
tering an oath to commit treason or felony, commitment for,
76.

Adulterating bread, flour, &c. See "Bread."

Affray, commitment for, 82.

Agent, applying to his own use money or security lodged with

him for a specific purpose, commitment for, 38. Selling or
converting goods or valuable security, or power of attorney,
&c. intrusted to him for safe keeping, or for a special pur-
pose, commitment for, 38, 39.

Agent pledging the goods &c. of his principal, commitment for,

39.

Agricultural servants, absenting themselves from their service

before the term of their contract completed, 307; inform-

ation, 307; conviction, 308; warrant of commitment, 308:
misconducting themselves in their service, 308; conviction,
&c., 308.

Aiders and abettors, commitment of, 90. In offences punishable
upon summary conviction, conviction &c. 264, 276.
Airway of a mine, filling up or obstructing, commitment for, 45.
Alehouses:

1. Selling ale or other exciseable liquors without license:
information, 116; summons, 116; conviction, 117;
notice, 117; warrant of distress thereon, 117; consta-
ble's return thereto, 118; commitment for want of dis-
tress, 119.

2. Offences of alehouse keepers against the condition of their
recognizance: information, 119; summons, 120; con-
viction, 120; warrant of commitment, 120.
Almanacks, selling or exposing to sale almanacks unstamped:
conviction, 121.

Alum. See "Bread."

Anchor-smiths not placing their names &c. on anchors; inform-
ation, 121; conviction, 122; warrant of distress &c., 122.
Animals, cruelty to: complaint on oath, 122; summons or war-
rant, 123; conviction, 123; coinmitment in default of pay-
ment of penalty, 123.

Appeal, in what cases, against a conviction, 112; notice of appeal,
112; recognizance, 113.

Appendix, 361.

Apprehension, assault with intent to resist it, commitment for, 68.
Apprentices:

1. Refusing to take a parish apprentice: conviction, 124;
warrant of distress &c., 124.

2. Persons taking, or overseers binding, poor children ap-
prentices, without an order of justices for that purpose:
conviction, 124; warrant of distress &c., 125.

3. Master removing with, or abandoning a parish appren-
tice, without order, &c.: conviction, 125; warrant
of distress &c., 126.

4. Discharging parish apprentices, without the consent of
two justices: conviction, 127; warrant of distress, &c.,
127.

5. Ill-using a parish or other apprentice: conviction, 127;
warrant of distress &c., 127.

6. Masters or owners of ships refusing to take a parish ap-
prentice conviction, 128; warrant of distress &c., 128.
7. Masters of ships allowing apprentices to leave their ser-
vice, conviction, 128; warrant of distress &c., 129.
8. Sweeps taking apprentices &c. under the age of eight
years: information, 129; conviction, 129; warrant of
distress &c., 130.

9. Sweeps having more than six apprentices: information,
conviction, &c. 130.

10. Sweeps ill-using their apprentices: information, convic-
tion, &c. 130.

11. Sweeps lending, or letting to hire, their apprentices: in-
formation, conviction, &c. 130.

Arrest. See "Apprehension."

Arresting a clergyman during divine service, commitment for,

66.

Arson. See "Burning."

Assault and battery, commitment for, 66.
In what cases pun-
ishable upon summary conviction, 373; complaint, 357;
summons or warrant, 357; conviction, 358; commitment,
for non-payment of the penalty, 358; certificate upon the
complaint being dismissed, 358.

Assault with intent to commit felony, commitment for, 68.
Assault with intent to rob, commitment for, 21.

Assault with intent to commit a rape, commitment for, 64.
Assault with intent carnally to know a child under ten years,
commitment for, 65.

Assault with intent to commit sodomy, commitment for, 63.
Assault with intent to resist apprehension, commitment for, 68.
Assaulting magistrates or others, in the execution of their duty,
in saving shipwrecked property, commitment for, 67.
Assaulting a peace officer or revenue officer, in the execution of
his duty, commitment for, 68.

Assault in pursuance of a conspiracy to raise wages, 68.
Attempt to murder, by poison, &c., commitment for, 61.
Attempt to rob, commitment for, 21.

Attempt to kill or wound deer in inclosed places, commitment
for, 30. The like in uninclosed places, (second offence),
commitment for, 30.

Attorney not entitled, as of right, to be present at an examin-
ation before a justice of peace, for a felony, as advocate for
the prisoner, 14.

Attorney applying to his own use, money or security lodged with
him for a specific purpose, commitment for, 38. Selling or
converting goods, or valuable security, or power of attorney,
&c. intrusted to him for safe keeping, or for a special pur-
pose, commitment for, 38, 39.

B.

BACKING of warrants, how and in what cases, 5. 354; form of
the indorsement, 6.

Bail, in what cases, in felony, 15; in what cases, in misdemea-
nor, 15. By what justices, 15, 16. Before a prisoner is
bailed, information on oath, and the depositions of the
witnesses must be taken, both in cases of felony, 8, 9, and

of misdemeanor, 8, 9. Notice of bail, in what cases, 16.
The bail must be housekeepers, 16. Recognizance of bail,
how taken, 16; form of it, 16; to be transmitted to the
assizes or sessions, 17. 8. Discharge of prisoner, on bail
being taken, 17; warrant of deliverance in such case, 17.
Baker. See "Bread."

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Bank. See "Sea Bank," "River Bank," "Canal Bank,”
"Marsh Bank."

Bank note, forging or uttering, commitment for, 56; having
it in his possession, commitment for, 56.

Banker applying to his own use money or security lodged with
him for a specific purpose, commitment for, 38. Selling or
converting goods or valuable security, power of attorney,
&c., intrusted to him for safe keeping or for a special pur-
pose, commitment for, 38, 39.

Banker's draft, forging, commitment for, 57.

Barge, stealing from, in port or on a navigable river, commit-
ment for, 26.

Barking trees, saplings, &c., maliciously, if growing in parks,
pleasure grounds, &c., commitment for, 53; if growing else-
where, commitment for, 53; where the injury done amounts
to 1s. (third offence), commitment for, 53.

Barn, setting fire to, commitment for, 42. Riotously pulling
down, demolishing or destroying, commitment for, 46.
Bastard, murder of, by the mother, commitment for, 62. Con-
cealing its birth, commitment for, 62.

Battery. See "Assault and Battery," "Murder."
Bawdy-house keeping, commitment for, 87.

Beasts which are not the subject of larceny at common law,
stealing: conviction, 243; conviction for a subsequent offence,
244. Persons in possession of such stolen beasts, or the
skins thereof, knowing the same to be stolen, 244: convic-
tion, 245; conviction for a subsequent offence, 245.
Beating or wounding keepers of deer, in the execution of their
duty, commitment for, 30.

Bestiality, commitment for, 63.

Bigamy, commitment for, 66.

Bill of exchange, forging, commitment for, 55; uttering it, know-
ing it to be forged, commitment for, 56.

Bill of exchange, stealing, commitment for, 20.

Bill of lading, intrusted to a factor by his principal, and pledg-
ed by him, commitment for, 39.

Birds which are not the subject of larceny at common law, steal-
ing, conviction, 243; conviction for a subsequent offence,
244. Persons in possession of such stolen birds, or the
plumage thereof, knowing the same to be stolen, 244: con-
viction, 245; conviction for a subsequent offence, 245.

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