NUISANCE-continued. Fresh indictment, when proper, for continuing state of non-repair, 410 Indictment, Against inhabitants of a parish for not repairing a highway, 411 For not repairing a highway situate in a parish which lies partly in a city Against a corporation for not repairing a highway which they were bound Against inhabitants of a county for non-repair of a bridge, 415 Against a private individual bound ratione tenure to repair, for suffer- Against a corporation for suffering a watercourse, which they were bound Plea, Of the general issue, by the inhabitants of a parish to an indictment for By the inhabitants of a parish to an indictment for not repairing a road To an indictment against an entire parish that a particular division is Replication, Denying a plea of liability of individuals to repair, id. 2. Nuisance in actual obstruction of ways, bridges, and rivers, Law of offence, 419 Form of indictment for Erecting a gate across a public footway, 420 Digging a ditch and raising a hedge across the highway, 421 Erecting and continuing a house, part of it being on the highway, id. Digging a hole in a street, and leaving it uninclosed, whereby a carriage Leaving open an area on the foot parement in a street, 423 Stopping an ancient watercourse, whereby the water overflowed the ad- Erecting dams and weirs in the river Trent, and thereby injuring the navi- Diverting a watercourse running into a public pond or reservoir, 424 Cutting a gap in a bank, whereby water of a watercourse overflowed the Laying soil at night in the streets, id. Shooting dirt on a footway, id. Laying dung and rubbish in a carriage way to a church, 426 Keeping a waggon in a public street, so as to incommode passengers, id. 3. Nuisances in carrying on unwholesome occupations near habitations or Form of indictment for Carrying on the business of a trunk-maker, so as to become a nuisance, 429 Keeping a bawdy-house, 430 For keeping a gaming-house and billiard-table, id. For boiling bullock's blood for making colours near to public ways, 431 For erecting a furnace with a boiler, and using it for the boiling of tripe For using a shop in a market as a slaughter-house, id. For laying dung near public street, whereby the air was infected, id. NUISANCE-continued. For keeping a furious dog unmuzzled near highway, 433 For keeping hogs near a public street, id. For knowingly keeping an unruly bull in a field where there was a public For exposing a child infected with small-pox in the public streets, 435 NUMBER, In indictment, 229 NURTURE, Age of; see SETTLEMENT (BY Parentage) (BY APPRENTICESHIP) OATHS, Of office; see JUSTICES Taking at sessions, 151 Refusal by juror or witness to take, 84 By officer appointed to office; see OFFICES OATH, How administered to witnesses, 513 To dumb man and interpreter, id. Affirmation, when substituted in its place, 508, 547 OBSTRUCTING HIGHWAYS, By distributing bills, loading carts, 288 OF, 227 OCCUPIERS, Right of way for, 384, n. OFFENCES, Hour of committing, 186 Indictable; see MISDEMEANOUR, INDICTMENT Enumerated, over which sessions have jurisdiction, 139-142 OFFICE AND OFFICER, Settlement by serving; see SETTLEMENT OF POOR Misnomer of officer returning jury process, 177 Refusing to accept, 436 Refusing to take the oath of office, evidence of refusal to take on himself the Form of indictment for refusing to take the office of chief constable after For refusing to be sworn as constable of a manor, after election at a court leet For refusing to serve the office of overseer, 438 For not appearing when summoned as a juror on a coroner's inquest, 439 Extortion, what, id. How extortion punished, id. Corrupt exercise of authority by magistrates, how punishable, id. Form of indictment against a constable for extorting money under colour of Against a gaoler for extortion, id. Against a toll-collector for extorting toll from one who had compounded, 442 Against justices for partiality in refusing a publican's license, 444 Instances of such neglect, id. When indictable, id. OFFICE AND OFFICER-continued. Form of indictment against A constable for neglecting to execute a justice's warrant for the apprehension A constable for refusing to aid another, when called on to apprehend a per- A headborough for refusing to convey a party to gaol committed by a jus- A township for burying a body without notice to the coroner, id. A coroner for refusing to take an inquisition, 449 A bailiff for inserting his own name in a warrant directed to another, and A surveyor of highways for not making a rate pursuant to a warrant, 451 OLD BAILEY, 918, n.; see MIDDLESEX OPEN OR INCLOSED GROUNDS, 258; see GAME, DEER ORDER OF BASTARDY; see BASTARDY ORDERS OF JUSTICES-DISOBEYING Disobedience to, is indictable offence, 554 A high constable for disobeying an order of sessions, 455 An overseer for not paying a weekly sum for the support of a bastard child, The father of a bastard child for disobeying an order of justices for its main- The stewards of a friendly society for disobeying an order of justices, 458 Apprentices; see APPRENTICE Goods unlawfully removed; see DISTRESS Friendly society; see FRIENDLY SOCIETY Require somewhat less technical nicety than conviction, 621, 622, 628, 840, n. Appealed against, should be returned to sessions, 649 Differing from order of sessions thereon, which last is defective, effect as to ORDERS RELATING TO HIGHWAYS; see HIGHWAY ORDER OF REMOVAL; see REMOVAL OF PAUPERS ORDER OF SESSIONS, Disobeying; see ORDER OF JUSTICES Confirmed on appeal, final, 903, n. Defects in, how affect the previous order of justices adjudicated on, 614, n. ORIGINAL, Is evidence, where copy is, 540 OTHERS, As to this term in indictment, 338 OVERSEERS; see REMOVAL, OFFICE, WITNESS Appointed at special session, 13 Property of, how laid in indictment, 192, 193 Appeal against appointment of, 700 Compelling appointment of, 675 Assistant overseer may be paid from poor's rates, id. Special session to investigate their accounts, 706 OVERSEERS-continued. Appeal against accounts of, How accounts examined and allowed, 701 To what session, 703 Notice of, id. When respited, id. Waiver of notice, 704 At hearing respondents begin, id. What sums shall be allowed and disallowed in the accounts, 675, 704 What justices cannot vote at, 706 Judgment, costs, &c., id. Appeal against disallowance of overseers' accounts, To special sessions, 706 Requisites before entering, 708 Hearing and judgment, id. Assistant overseer not recognized by courts, 675, n. His appointment should be produced; 6 Ad. & E. 871 OUTLAWRY, Proceeding to, after bill found or articles of peace exhibited, 205, 206 For capital crime, is equivalent to attainder, 270 Does not incapacitate witness, 551, 552 After judgment in misdemeanour, 601, n. (y), 602 What, 952 In cases of felony is in itself attainder, id. In case of misdemeanour, 954 Clerk of peace to certify names of parties outlawed into queen's bench, 952 From what jurisdiction process of outlawry may issue, 953; Addenda iv. OWNERSHIP OF GOODS, How laid; see LARCENY OYER AND TERMINER, 122, n. Commission of, in Middlesex, 918; see MIDDLESEX Quarter sessions is not a court of, for all purposes, 141, 518, 588, Qu.; see 51, n. PAPER, Stealing pieces of, 235 Stealing a letter, 789 PARCEL, Basket may be described as, 322, n. PARCENERS, Describing in indictment, 192 PARCHMENT, Stealing parchment on which record is written, 217 PARDON, Enduring punishment amounts to, and recapacitates, except in perjury, 551, 965 In what cases crown may grant, 955 Not to bar actions, id. Not to stay prosecutions for nuisances, 956 When grantable of right, 957 To persons convicted of excusable homicide, id. To accomplices, by provisions of penal statutes, id. To persons to whom it is promised by proclamation, 958 When grantable by grace and favour, id. To accomplices admitted witnesses, (or king's evidence,) by magistrates, 959 PARDON-continued. Mode of obtaining, for offences tried at sessions, 960-962 In cases of accomplices admitted evidence, 961 Mode of proceeding to obtain, after conviction at sessions, id.; see 877 Effect of transportation and subsequent remission of part of sentence, 599, Effect of pardon as to civil rights, 964 As to fines and penalties, id. Provision of 7 & 8 G. IV. c. 28, s. 13, respecting, 965 Provision of 9 G. IV. c. 32, s. 3, as to capacitating effect of suffering the Pardons on condition of imprisonment in Penitentiary to hard labour, 966 PARISH, Is not taken to contain more towns than one, 227 Alleging, in indictment, 187, 188 Alleging non-existing parish in indictment, 189 PARISH OFFICERS, To deliberate before appealing, and majority to act, 630 Rating for land in two parishes, 693 PAROCHIAL ASSESSMENT ACT, 687 Of specific charges in embezzlement, &c., 194, 195 May advocate his own charge or defence, 133, 134 PARTIES TO APPEAL, 621; see APPEAL Cannot be guilty of stealing partnership goods, 225 PARTY GRIEVED OR CONCERNED, Who is, in order to have right to appeal, 628, 629, 638, 935 By refusing alehouse license, 35; see ALEHOUSES See COSTS (of Certiorari) PAYMENT, 220, 221 PAUPER, Subpoenaing as witness on appeal against order of removal; see tit. REMOVAL Proving, 536 PEER; see DIGNITY, INDICTMENT Irish, described, 190, 191 When may be a juror, or challenged for being such; see PETTY JURY PERJURY, When laid at common law, is not triable at sessions, 140, et seq., 291 |