Cultivated roots or plants, stealing, O. 29, 30, p. 156; damaging, &c., O. 5, 6,
p. 162.

Cursing, see" Swearing."

Curtilage, building within the, see " Burglary;" "Housebreaking."

Customs, offences against statutes relating to, 260; not within the 11 & 12 Vict.
c. 43, note (e), p. 2.

Cutlers, reference to statutes as to, N. 119, p. 172.

Cutting or wounding with intent to murder, O. 37, p. 342.

to do bodily harm, to disable or disfigure, to prevent appre-
hension, &c., O. 25, p. 342.

D.

Dam of a fish or mill pond, damaging, O. 161, p. 356.

Damaging bridges, &c., see "Highways;" Turnpike Roads ;" fences, stiles, trees,
plants, &c., see Larceny;"
""Malicious Injuries."

"

Date of taking information, 13; of offence, 15.

Day time, what under Game Act, N. 64, p. 119.

Dead bodies, 112; not giving notice to overseers, &c. on finding on shore, O. 1;
overseer neglecting to remove, O. 2, 3; not interring, O. 4.

Deaf and dumb persons competent to give evidence, 13, 42.

Dealers in game, offences by, O. 35–42; p. 124.

Death of informer before hearing, proceeding at an end, 33.

Death of witness before trial, his examination may be read, 318.
Death, see "6

Registers of Baptism, &c."

Declaration instead of oath, 410; form, 410.

Decoying away a child, O. 53, p. 344.

Deeds relating to real property, stealing or destroying, &c., O. 115, p. 352.
Deer, coursing, O. 1, p. 152; having had a skin in possession, O. 5-7, p. 152;
setting engines, &c. for, 0.8, p. 152; stealing, O. 118, p. 352; assaulting
and resisting deerkeepers in seizing guns, &c., O. 28, p. 342; O. 104,
p. 350.

Defects, on summary convictions and orders in informations or complaints, 15, 19;
in summonses or warrants, 21, 39.

Defects, on indictable offences in information and complaint, 302; in summonses
or warrants, 305.

Defence, in summary convictions and orders, may be by counsel or attorney, 32.
Defendant, several may be joined in an information, 15; when defendant proceeded
against by a description of his person, 14.

Delaying letters, see" Post Office."

Deliverance, warrant of, where accused bailed after committal, 333; form, 335;
liberate on payment of penalty, &c. in summary convictions and orders,
form, 70.

Demanding money with menaces, O. 135, p. 352; sending letter to the like effect,
O. 145, p. 354.

Demolishing houses &c., see "Riots."

Deposition of constable to service of summons, form, note (d), p. 21.

Depositions of witnesses in indictable offences, taking, 318; form (M), 321; of
deceased witnesses may be read, 318; accused entitled to copies, 320.
Deserter, fraudulently confessing to be a, O. 85, p. 348; O. 5, p. 176.
Desertion of bastard child, O. 18, p. 246.

"

Destroying bridges, &c., see Highways," Turnpike Roads;" game by night,
see "Game;" fences, &c. boats and ships, see "Malicious Injuries."

Detached parts of counties, jurisdiction of justices in, 6; description of justice
acting for, note to form of information (1), p. 18.

Detention of defendant until return of distress warrant, 62; form of order for, em-
bodied in distress warrant (N 1), 63, 64.

Detention of accused where indictment found against him, in custody, 309; form
of warrant (I), 311.

Diluting exciseable liquors, see " Alehouses," "Beerhouses.”

Direction posts, damaging them, see " Highways," " Turnpike Roads.”

Discharge of apprentice, 257.

servant, 263, 265.

Discharge of defendant on payment of penalty, &c., 55; form of liberate if in gaol,
70; on recognizance where case adjourned, 24; the like in indictable
offences on bail taken, 312. See "Deliverance."

Discretionary power to justices to admit to bail, 331, and note (b), p. 332; no
action to be brought against justices for exercising a discretion given
them, 9.

Disease, contagious and epidemic, see "Nuisances."

Dismissal of information or complaint, 35; recovery of costs, 35; order of dis-
missal, 35; form of it, 36; certificate of dismissal, 35; form, 36; distress
warrant, 37; commitment in default, 38.

Disobeying justice's orders, O. 2, p. 186; poor law commissioners' orders, 0.5,
p. 188; (indictable), O. 77, p. 348.

Disorderly conduct in alehouse or beerhouses, see those titles.

Disorderly conduct in workhouse, O. 60, 61, p. 196.

Disorderly house, keeping, &c., O. 78, p. 348.

Dissenters' chapels, disturbing a congregation in, O. 79, p. 348; burning, see
"Arson;" demolishing, see "Riots."

Distress warrant upon a conviction, 61; form, 63; where distress would be ruinous,
or, on confession of no goods, commitment, 61; form, 64; distress war-
rant upon an order, form, 69; how backed, 36; form (N. 3), 37; con-
stable's return. form (N. 4), 37; detention until return of, embodies in
distress warrant (N. 1), 63, 64; after appeal for the costs, 77; for costs
on dismissal, 36; form, 37.

Distress warrant for poor rate, no action against justice for, 10.

Distress, rescue of, under County Courts Act, Highway or Turnpike Roads, see
those titles.

Distress, 112; tenant fraudulently removing goods to prevent, 0.1; persons aiding
and assisting, O. 2; taking illegal charges for making, 0.3, 4.
scale of charges for distresses for rent, poor rates, &c. 387.

Ditches, see Highways;" "Nuisances ;" " Turnpike Roads."

Divisions of counties, 379.

Dock, stealing from, O. 139, p. 354.

Dog, illtreating, see "Cruelty to Animals."

Dogs, 114.

Stealing, O.1; knowingly having stolen dog or its skin in possession, O. 2, 3:
corruptly taking rewards as to stolen dogs, O. 124, p. 352.

Dove or pigeon, stealing, O. 14, p. 154; having in possession, O. 32, p. 158.
Dredging upon the oyster bed of another, O. 121, p. 352.

Drivers on highways and turnpike roads, offences by, see those titles.

Drovers, travelling on Sunday, O. 3, p. 216.

Drown, attempting to, O. 38, p. 342.

Drugs, see" Abortion;"" Alehouses."

Drunkenness, 114; a week must be given for payment of fine, and costs, N. 57,

P. 114.

Drunkenness in workhouse, O. 69, p. 196.

Duck, wild, taking or destroying the eggs of, O. 17, p. 120.

Dumb and deaf persons may be witnesses, 42.

Duplicates of pawnbrokers, forging, O. 23, p. 186; loss of, how remedied, 410.
Duty, neglect of, by peace officer, O. 73, p. 346. See tit. Constables."
Dwelling-house, setting fire to, O. 12, p. 340; stealing in, &c., O. 136, p. 352.

E.

Eggs of game or wild fowl, taking, &c., O. 16, 17, p. 120; having possession of,
unlawfully, O. 18, p. 120.

Elections, personation of voters, or giving false answers at, O. 80, 81, p. 348.
Embezzlement by workmen, see "Manufactures."

by agents, bankers, &c., O. 9, 10, p. 340.

by bankrupts, p. 342.

by clerks or servants, O. 82, p. 348.

Encroachments, making on highway, O. 40, 41, p. 142; the like, turnpike roads,
O. 103, p. 240.

Enforcing summary convictions and orders, 54.

Time when enforceable, 54; mandamus for enforcing discretionary, 54; one
justice may enforce, 54; consecutive period of imprisonment, 54, 55, and
note (a); when warrant can be executed, 55; where several offenders,
55; discharge of defendant on payment, 55; liberate if committed, form,
70; no demand of penalty necessary before enforcing 56.
1. Enforcing Convictions on Informations, 56; where imprisonment only, 56;
forms: commitment (P. 1), 57; the like for a consecutive period (Pla),
57; the like where several offenders and the same punishment (P 1b), 57;
the like where punishment is different to each defendant (P 1c), 57; war-
rant of distress for the costs (P 2), 58; commitment for want of distress
(P 3), 58.

Where imprisonment in default of payment of a penalty in the first instance,
59; forms: commitment (O 1), 60; the like where several offenders and the
same penalty, &c. (O 1a), 60; the like indifferent penalties, &c. (O 1 b), 61.
Where for a penalty to be levied by distress and imprisonment in default,
61; where distress would be ruinous, or no goods, committal, 61; com-
mitment or security until return of distress warrant, 62; defendant not to
suffer both ways on one conviction, 62; effects of partners defendants,
62; in default of sufficient distress, committal, 63; forms: distress war-
rant (N 1) and order to detain, 63, 64; commitment where the distress
would be ruinous or on confession of no goods (O 1 c), 64; recognizance till
return of distress warrant (N 1a), 64; commitment for want of distress
(N 5), 64.

Where no remedy given in default of distress, 65; and where there is no
remedy given for enforcing payment, the same must be by distress, 66.
2. Enforcing Orders on Complaints, 66; any one justice may enforce, 66;
minute of order to be first served, 66.

Where imprisonment only, 66, 56; forms: commitment (P 2), 66; warrant
of distress for the costs (P 4), 67; commitment for want of distress, (P 5), 58.
Where imprisonment in default of payment of a sum in the first instance,
68, 59; form, commitment (O 2), 68.

Where the sum is to be levied by distress and imprisonment in default, 69;
form, distress warrant (N 2), 69.

Where no remedy given in default of distress, or no remedy for enforcing
payment, 70, 61, 65.

3. Enforcing Costs on Dismissal of Information or Complaint, 70; by distress
and imprisonment, 36; forms, 37, 38.

4. Enforcing Costs of Conveyance to Gaol, 70; by distress, 71; if no goods,
order on county treasurer, 71; forms: distress warrant, 71; order, 72.

Engines for taking game, using, see "Game."

Enlisting and swearing in recruits, 402; apprentices enlisting, 402.

Enticing away a child, O. 53, p. 344.

Entry, forcible, and detainer, O. 86, p. 348.

Epitome of jurisdiction of justices in summary convictions and orders, 5-8; in
indictable offences, 299, 300.

Escape from transportation, O. 87, p. 348.

Escape of vagrants, O. 26, p. 248.

Estate, real, deeds relating to, stealing, O. 115, p. 352.

Estreating recognizances in summary convictions and orders, 25; on remand in
indictable offences, 313.

Evading the payment of tolls on turnpike roads; offences as to tolls, O. 22,

224, to O. 47, p. 228.

P.

Evidence, general rules as to the admissibility of, 43, 44; mode of taking, note (*),
p. 40; of a previous conviction, 45; for the accused in indictable offences,
319.

Ewe, see "Cattle."
Examination, preliminary, in indictable offences, 317, 318; place of hearing not
an open court, 317; as to variances misleading the party, 306, 317; in
cases where indictment found, 309, 317; witnesses of weak intellect,
318; observations by accused in course of examination, 319; form of
deposition (M), 321; the like (M 1) on re-examination on remand day,
321; examination where the offence committed in another county, 324;
witness refusing to be examined to be committed, 328; statement of
accused, 319; form of caution, 319 (N), 322; discharge or committal, or
held to bail, 320; accused entitled to copies of depositions, 320.

Exceptions, exemptions, proviso or conditions in a statute must be negatived in the
information or complaint, 16; but proof of the affirmative is on the de-
fendant, 40.

Excise, statutes relating to, not within 11 & 12 Vict. c. 43, note (e), p. 2, 260.
Excise officers, assaults on, O. 33. p. 342.

shooting at them by smugglers, O. 220, p. 362.

Exemptions, see “Exceptions."

Exemptions from toll on turnpike roads, list of, N. 178, p. 224.

Ex parte hearing of information or complaint, 34, 38.

Expenses of conveyance to gaol, see "Constable;" "Costs"

Explanation of columns of Chap. 2 of Part I. 79; abbreviations used, 79;

254;

2 of Part II. 339.

Explosive substances, sending, with intent, and thereby doing injury to a person,
O. 39, p. 342; having, with intent to commit any offence, O. 88, p. 348.
Exposing person to insult any female, O. 14, p. 246; indecent prints, &c., O. 12,
13, p. 246; wounds to gather alms, O. 15, p. 246. See "Indecency."
Extorting money by threats, O. 224, p. 362.

Extortion, O. 89, p.

348.

F.

Factories, reference to statutes as to, 260; proceedings not within the 11 & 12 Vict.
c. 43, p. 260, and note (e), p. 2.

False character of a servant, giving, O. 1-5, pp. 174, 176.

False lights, exhibiting, to bring a ship into danger, O. 165, p. 356.

False pretences, obtaining any chattels, money, or valuable security by, O. 90, p.
348; attempting to obtain charitable contributions by, 0.16, p. 246.

Family, neglecting to maintain, O. 1, 2, p. 244; running away and leaving them

chargeable, O. 17, p. 246.

Farm buildings, setting fire to, O. 21,

P. 340.

Father, putative, of bastard child, see Bastardy."

Fees, table of, to clerks to justices, &c. to be made by sessions, 49.

Felony, see" Examination, preliminary.”

assault with intent to commit a, O. 29, 32, p. 342.

attempting to commit a, O. 40, p. 342.
compounding, O. 69, p. 346.

misprision of, O. 91, p. 348.

bail in, may be by one justice, 331.

Females punishable on summary convictions in all cases, 14.

Feme coverte liable on summary convictions, 14; if prosecuted with husband, may
alone be found guilty, 44; husband's goods cannot be taken for her
offence, 63.

Fences, stealing or damaging, see "Larceny;" "Malicious Injuries."

Fermented liquors, bringing into workhouse, selling them, &c. O. 44, 45, p. 192;
O. 46, 47, p. 194; O. 54, 55, p. 194.

Fern, setting fire to stacks or crops of, O. 17, 18, p. 340.

Filing convictions and orders with clerk of the peace, 47.

Filly, stealing, see "Cattle."

Filth, laying or suffering, to flow on highway or turnpike road, see those titles, also
Nuisances."

Fines, to whom paid for the crown, 73.

Fire, setting, to crops, &c. see " Arson."

Fire, making, near highway, O. 59, p. 144; the like, near turnpike road, O. 79,
p. 234.

Fire arms, reference to statute as to, N. 119, p. 172.

Fire works, making or selling, 114, throwing on highway, O. 60, p. 144; throwing
on turnpike road, O. 80, p. 234.

Firing off gun, &c. near a highway, O. 59a, p. 144.

Fisheries, 116; salmon fisheries, taking, &c. spawn, &c. 116; taking under size or

out of season, O. 1-3; having possession of, or bringing same to shore,
O. 4; crying, selling, or exchanging same, O. 5, 6; destroying salmon
with lime, &c. O. 7-10; fry or fish under size, 116; taking, &c. O. 11,
12; knowingly having or selling same, 0.13.

Fish, angling, see Larceny."

taking in private water, O. 92, p. 350.

Fish pond, breaking down or damaging, O. 161, P. 356.

Fixtures, stealing, by tenants or lodgers, O. 141, p. 354.

Flour, see" Bread and Flour."

Football, playing at, on highway, O. 57, p. 144.

Footway, riding, &c. on, O. 46-48, p. 142; obstructing, O. 50, p. 142; damaging
same, O. 49, p. 142.

Forcing a master to alter mode of trade, see "Combination."

Forcible entry and detainer, O. 86, p. 348.

Forgery, punishable summarily-of licenses required for boats, &c. O. 1, 2, p. 276;
stamps of weights and measures, O. 14, p. 252; pawnbroker's duplicate,
O. 23, p. 186.

Forgery, punishable on indictment, O. 93-101, p. 350.

Forms, see]"Table of Sections and Forms in Administration of Justice Acts" in
Table of Contents for the pages.

Fortune-telling, O. 9, 10, p. 246.