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Proof of another felony may be given in
evidence upon re-examination, in order
to explain an apparently contradictory
fact elicited on cross-examination ... 99
Although an assignment of perjury must
be proved by two witnesses, it is not
necessary to prove by two witnesses
every fact which goes to make out the
assignment
Addressing the jury where the second
only of two prisoners is defended by
counsel

Where a principal and receiver are
jointly, and the receiver only is de-
fended by counsel, the principal is
first to make his statement to the
jury.........
Counsel acting as an interpreter .......
Inducement-withdrawing confession

properly received, on its afterwards
appearing that it was improperly
obtained

69

99

99

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99

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104

It is no offence at common law to utter a forged receipt, unless some fraud has been actually perpetrated by it... 104 To sustain an indictment for forgery it must appear that there is some person capable of being defrauded by it Quære, whether upon an indictment for uttering a forged acquittance, not being of an ordinary description, other instances of similar utterings can be given in evidence to prove a guilty knowledge 104

GAME (See "EVIDENCE.")

HARES (11 & 12 Vict. c. 29.)

Persons in the occupation of inclosed
ground, and in certain cases owners,
may kill hares without a game cer-
tificate
Authority to kill hares to be limited to
one person at the same time in any
one parish

105

105

101

Mode of returning the malt into the couch 101 What is conclusive evidence of the malt having been trodden

Which authority shall be sent to the clerk of the petty sessions, who shall register the same

105

101

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Persons not to be liable to tax on game

To extend to coursing or hunting

Not to authorize the laying of poison 106 Agreement reserving game to be still

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106

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in force Interpretation of act To extend to England and Wales only. . 106 When gamekeepers not justified in arresting poachers

GAOLS AND HOUSES OF CORREC-
TION (See "LOCK-UP HOUSES.") (5 & 6
Vict. c. 98.)

106

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Order of justices for contribution out of highways-rates, to the funds of turnpike trusts-form of order-sufficiency of, &c.

107

INDICTMENT-continued.

Correct statement of the cause of death in an indictment for murder Where the death was caused by the discharge of a loaded musket... Statement in the 2nd and 3rd counts of an indictment for embezzlement that the money was embezzled within six months

Sufficiency of allegation in an indictment for perjury

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112

112

Meaning of term "month"

112

Statement of jurisdiction.....

112

107

Sufficient averment of retainer

112

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Surplusage

112

Misdemeanor nomen collectivum

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112

108

Indictment for non-repair by a township -necessary averment..

108

Question of sufficient repair upon an indictment for non-repair of a highway...

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109

User-Evidence of a dedication Judge no power to certify for costs if it appears that the road indicted is not that set out in the order of justices 109 Evidence upon an indictment for disobedience to an order of sessions made upon an appeal against a certificate of justices for stopping up, &c. a public footway...

Notice of appeal against an order for
stopping up a footway-time for
giving..

HOMICIDE (See "CHALLENGE OF
JURORS," EVIDENCE," "INDICT-

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Manslaughter through negligent driv

109

109

MENT.")

ing

.......... 110

Homicide by accident

110

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Assignment of perjury "thought or believed"

Erroneous assignment of perjury..................... 112 Assignment of perjury-variance

113

Setting out several sentences continuously not so spoken, not a variance... 113 Not necessary to aver with what a gun was loaded Erroneous averment of the party to whom a threatening letter was sent 113

JUSTICE, ADMINISTRATION OF (See
"ADMINISTRATION OF JUSTICE ACTS,"
"CRIMINAL JUSTICE (Amendment),"
"CRIMINAL LAW (Amendment)."

JUSTICES OF THE PEACE:-
(Protection of justices from vexatious
actions, 11 & 12 Vict. c. 44.)
For an act by a justice of the peace,
within his jurisdiction, the action
shall be on the case, and it shall be
alleged to have been done maliciously,
and without probable cause............
For an act done by him, without juris-
diction or exceeding his jurisdiction,
an action may be maintained without
such allegation

But not for an act done under a con-
viction or order, until after such
conviction or order shall have been
quashed

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Nor for an act done under a warrant to compel appearance, if a summons were previously served and not obeyed...... 114 If one justice make a conviction or order, and another grant a warrant upon it, the action must be brought against the former, not the latter, for a defect in the conviction or order......... 114 No action for issuing a distress warrant for poor-rate, by reason of any defect, or that the party is not rateable...... 115 No action against justices, for the manner in which they exercise a discretionary power If a justice refuse to do an act, the Court of Queen's Bench may, by rule, order him to do it, and no action shall be brought against him for doing it...

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115

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Act to extend only to England, Wales, and Berwick

LUNATICS:

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123

Order obtained ex parte-order of settlement contested under an appeal against an order of maintenance Appeal against an order of maintenance of a lunatic pauper-copy of the examinations-parties to the appeal Lunatic order under 8 & 9 Vict. c. 126, as to settlement and maintenance in same instrument. Order may be directed to overseers of parish-power of appeal against order of settlement. 124 Costs of maintenance of a wandering lunatic; what parish liable.... MAGISTRATE (See "JUSTICES OF THE PEACE.")

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124

123

Obtaining by a falsehood cattle which

MANSLAUGHTER (See "HOMICIDE.")

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MARRIAGE REGISTER (See "REGISTER.")

Who, a servant taking by him, animo furandi

120

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licensing acts

120

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Overseers not compellable to grant certificate under & 3 Vict. c. 61, s. 2. 120

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