No. VII.

Precedents. aforesaid, and within the jurisdiction of the said court, of the said lastmentioned mortal sickness, weakness, disease, disorder and distemper, did die. And so the jurors aforesaid, upon their oath aforesaid, say that the said P. B. D., him the said J. A., in manner and form in this count aforesaid, feloniously did kill and slay, against the peace of our said Lady the Queen, her crown and dignity.

Indictment for manslaughter against keeper of an asylum for pauper children, &c.

Eighth count.

Eighth Count.-And the jurors aforesaid further present, that heretofore, and at the time of the committing of the offence by the said P. B. D., and during all the times hereinafter mentioned, J. A. hereinafter in this count mentioned, was a poor indigent and destitute child of a tender age, to wit, of the age of six years, and totally unable to support, provide for and take care of himself; and the said P. B. D., at his request, had the care, charge, possession and custody of the said J. A., and had undertaken the support and maintenance of the said J. A. and the finding and providing the said J. A. with reasonably sufficient and proper victuals, food, drink, board, clothing and lodging, for reward to the said P. B. D. in that behalf, to wit, within the jurisdiction of the said Central Criminal Court; and the jurors aforesaid, upon their oath aforesaid, do further present, that the said P. B. D., on the said 28th day of October, in the year of our Lord 1848, and on divers days and times aforesaid, to wit, and before the death of the said J. A., as hereinafter mentioned, at the parish of Tooting aforesaid, in the county of Surrey aforesaid, and within the jurisdiction of the said court, in and upon the said J. A. feloniously did make divers assaults, and knowingly, wilfully and feloniously did put, place, keep and lodge the said J. A. for divers long spaces of time, to wit, for and during the whole of those days and times in divers rooms and apartments, then and during all that time greatly and excessively overcrowded, overcharged and filled to excess with divers and very many other infants and persons, and then also being in an ill-ventilated, impure, foul, unwholesome, unhealthy state, and in an unfit and improper state for the said J. A. to be put, placed, kept and lodged in, and unfit for the habitation of man, and also on the said days and times at the place aforesaid, within the jurisdiction of the said court, wilfully and feloniously did neglect, omit and refuse to give and administer to, or find and provide the said J. A. with, and to suffer and permit to be given and administered to, or found and provided, the said J. A. with reasonably sufficient and proper victuals, food, drink and clothing necessary for the sustenance, support and maintenance of the body of the said J. A., by means of which said placing, keeping, putting and lodging the said J. A. in the said rooms and apartments, and also by means of which said neglecting, omitting and refusing to give and administer to, or find and provide, the said J. A. with such reasonably sufficient and proper victuals, food, drink and clothing, as were necessary for the sustenance, support and maintenance of the body of the said J. A., he the said J. A. afterwards, to wit, on the 5th day of January, in the year of our Lord 1849, at the place aforesaid, in the county aforesaid, and within the jurisdiction of the said court, became and was mortally sick and ill, weak, diseased, disordered and distempered in his body, and of which said last-named mortal sickness, illness, weakness, disease, disorder and distemper, the said J. A. on and from the day and year last aforesaid, until, to wit, the 6th day of January, in the year our Lord 1849, as well at the parish of Tooting aforesaid, and within the jurisdiction of the said court, as at the parish of Saint Pancras, in the county of Middlesex, and within the jurisdiction of the said court,

of

No. VII.

did languish, and languishing did live, and then, to wit, on the day and Precedents. year last aforesaid, at the parish last aforesaid, in the county last aforesaid, and within the jurisdiction of the said court, of the said last-named Indictment for mortal sickness, illness, weakness, disease, disorder and distemper did manslaughter die. And so the jurors aforesaid, on their oath aforesaid, do say, that the of an asylum against keeper said P. B. D., him the said J. A. in manner and form in this count for pauper aforesaid, feloniously did kill and slay, against the peace of our Lady the children, &c. Queen, her crown and dignity.

Ninth Count. And the jurors aforesaid further present, that before Ninth count. and at the time of the committing of the offence by the said P. B. D., and during all the times hereinafter mentioned, J. A., hereinafter in this count mentioned, was a poor, indigent and destitute child of a tender age, to wit, of the age of six years, and wholly unable to support, provide for and take care of himself; and the said P. B. D., at his request, had the care, charge, possession and custody of the said J. A., and had undertaken the support and maintenance of the said J. A., and the finding and providing the said J. A. with reasonably sufficient and proper board and lodging, for reward to the said P. B. D. in that behalf, to wit, within the jurisdiction of the said Central Criminal Court; and the jurors aforesaid, upon their oath aforesaid, do further present, that the said P. B. D., on the said 28th day of October, in the year of our Lord 1848, and on divers days and times afterwards and before the death of the said J. A., as hereinafter mentioned, at the parish of Tooting aforesaid, in the county of Surrey aforesaid, and within the jurisdiction of the said court, in and upon the said J. A. feloniously did make divers assaults, and knowingly, wilfully and feloniously did put, place, keep and lodge the said J. A. for divers long spaces of time, to wit, for and during the whole of those days and times in divers rooms and apartments, then and during all that time greatly and excessively overcrowded, overcharged, and filled to excess with divers and very many other infants and persons, and then also being in an ill-ventilated, impure, foul, unwholesome and unhealthy state, and in an unfit and improper state for the said J. A. to be put, placed, kept and lodged in. By means of which said putting, placing, keeping and lodging the said J. A. in the said rooms and apartments, he the said J. A. afterwards, to wit, on the 5th day of January, in the year of our Lord 1849, at the parish aforesaid, in the county aforesaid, and within the jurisdiction of the said court, became and was mortally sick and ill, weak, diseased, disordered and distempered in his body, and of which said last-mentioned sickness, illness, weakness, disease, disorder and distemper the said J. A., on and from the day and year last aforesaid, until, to wit, on the 6th day of January, in the year of our Lord 1849, as well at the parish of Tooting aforesaid, and within the jurisdiction of the said court, as at the parish of Saint Pancras, in the county of Middlesex, and within the jurisdiction of the said court, did languish, and languishing did live, and then, to wit, on the day and year last aforesaid, at the parish last aforesaid, in the county last aforesaid, and within the jurisdiction of the said court, of the said last-mentioned mortal sickness, illness, weakness, disease, disorder and distemper did die. And so the jurors aforesaid, on their oath aforesaid, do say, that the said P. B. D., him the said J. A., in manner and form in this count aforesaid, feloniously did kill and slay, against the peace of our Lady the Queen, her crown and dignity.

An accessary after the fact indicted in the or-
dinary way with the principal felon, may,
since the 11 & 12 Vict. c. 46, s. 2, be tried
before the principal.

Where an accessary after the fact to a charge
of sending threatening letters, is tried in the
absence of the principal, the letters so written
and sent by the principal are evidence on the
trial.

ANIMUS FURANDI.

Evidence of, 573

APPEAL, CRIMINAL.
Statute establishing court of (11 & 12 Vict.
c. 78), App. iii

APPOINTMENTS TO PUBLIC OFFICES.
Form of indictment under 49 Geo. 3, c. 126,
for trafficking in, App. xxxiii

APPREHENSION

If A. writes letters demanding money, with Of parties under 1 & 2 Will. 4, c. 32, 505
menaces, and then B. inserts letters and ar-
ticles in a paper to assist A. in obtaining the
money which A. had so demanded :

Quære, whether B. is an accessary after the
fact to A.'s felonious act. Reg. v. Hansill, 597

ACCESSARY AND PRINCIPAL.
Severance in challenges, 68
In larceny, 55

ADMINISTRATION OF CRIMINAL

LAW.

New statute on (11 & 12 Vict. c. 66), App. i

ADMINISTRATION OF JUSTICE.
Statute relating to (11 & 12 Vict. c. 42), App.
vi

AFFIDAVIT

To hold to bail, when it may be sworn. King
v. The Queen, 561

AGENTS.

Embezzlement by, 64

ALLOCUTUS.

Form of, in high treason, 360
VOL. III.

ARMS ACT.

By the statute 11 & 12 Vict. c. 11, it is enacted,
that every person who shall, after the day
named in a notice specified by the act, have
in his, her, or their custody, power, or pos-
session, any gun, pistol, or other firearm, or
part or parts of any gun, pistol, or firearm,
or any sword, cutlass, PIKE, or bayonet, or
any bullets, gunpowder, or ammunition,
contrary to the provisions of the act, shall
be guilty of a misdemeanor.

Held, that a pike-head about ten inches
long, capable of being grasped in the hand,
and used offensively, but which had no pike-
staff or handle attached to it, though it was
fitted to receive one, was a pike within the
meaning of the statute, notwithstanding the
separate enumeration in the previous statute,
47 Geo. 3, sess. 2, c. 54, ss. 10, 11, of pikes
and pike-heads. Reg. v. Render, 158

Evidence of, 67

ASPORTAVIT.

ASSAULT.

To deter party from giving evidence, under
stat. 27 Geo. 3, c. 15.

The prisoners were indicted for an assault
i

under the statute 27 Geo. 3, c. 15, which
makes it felony to make use of any force, or
inflict any manner of bodily harm or punish-
ment whatsoever, to deter any person from
giving evidence; the evidence was, that the
prosecutor, while detained in gaol as a wit-
ness against certain persons, was frequently
spoken to on the subject by the prisoners,
called a spy and informer, and told not to
prosecute, and two days after was assaulted
and beaten by them, no allusion being made
to the subject during the assault.

Held, that the charge of felony under the Plea of, 93
statute was not sustained. Anon. 137

FELONIOUS.

R. B. was indicted, with three others, for an

AUTREFOIS ARRAIGN.

BAILEE.

BAILMENT.

assault with intent to do some grievous bodily Larceny by, 582
harm. It was proved that he, with the other
prisoners, had assaulted the prosecutor, and
afterwards they had returned together and
picked up some stones. Then R. B. with- Termination of, 187
drew, and the other prisoners threw the stones
and wounded the prosecutor. The jury found
the three prisoners who threw the stones,
guilty of the felony, and R. B. guilty only
of a common assault.

Held, that R. B. was rightly convicted.
Reg. v. Phillips and others, 225

VERDICT.

BANKRUPTCY.

Indictment for perjury in an affidavit of debt
filed in the Court of Bankruptcy, 205

BASTARD.

Description of, in an indictment for murder, 72
BASTARDY.

On an indictment for a common assault, the Indictment for disobeying order of justices, 476
following verdict was returned;—" Guilty;
the child being an assenting party, but that,
from her tender years, she did not know
what she was about."

Held, that the defendant ought to have
been acquitted. Reg. v. Read and others,

266

Pleading to an indictment for felony, includ-
ing an assault, 429

Evidence of, in a charge for robbery with
violence, 432

Prisoner cannot plead guilty if indicted for
maliciously wounding, 442

Conviction for, in a charge of rape, 481
On a child, 543

ASSIZES.

Jurisdiction of sessions to try during the, 586

ATTORNEY.

Indictment for practising as

A society composed exclusively of attorneys
practising in the county of K., prosecuted
the clerk of a board of guardians, who, with-
out being qualified as an attorney, conducted
an appeal to the quarter sessions of the
county of K., on behalf and at the request of
the guardians.

BURGLARY.

On an indictment for burglary, it was proved
the legs of the prisoner were seen hanging
about a foot from the ground, from a window,
and no other part of his body was visible
till he jumped down and ran away.

Held, that though it appeared there was a
hole broken in the window, large enough to
admit a man's head and shoulders, there was
no evidence to show that there had been any
actual entry, no property being lost. Reg.
v. Meal, 70

In a church, 581

CADETCY, SALE OF.

Indictment for, 499

CAPTION OF INDICTMENT, 318.

CHALLENGE.

Of jury in high treason, 360
Of jury, 517

CHALLENGE OF JUROR, 66, 318.