The Courts and Their Jurisdiction; As Applicable to the Administration of Criminal Justice

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...or heirs of any such ne8cs.w" offender or offenders, or of misprision of such treason, but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one, and the other of them to another overt act of the same treason, unless the party indicted, and arraigned, or tried, shall willingly, without violence, in open court, confess the same, or shall stand mute, or refuse to plead, or in cases of high treason shall peremptorily challenge above the number of thirty-five of the jury; any law, statute, or i to the contrary notwithstanding. 3. Any person or persons being indicted as aforesaid for any Pm inof the treasons, or misprision of the treasons aforesaid, may be beontiawed. outlawed, and thereby attainted of or for any of the said offences IjJnenYof of treason or misprision of treason, and in cases of the highlhi"acttreasons aforesaid, where by the law, after such outlawry, the party outlawed may come in and be tried, he shall, upon such trial have the benefit of this act. 8. No evidence shall be admitted or given of any overt act Mene. that is not expressly laid in the indictment against any person or persons whatsoever. 10. By the good laws of this kingdom in cases of trials of Jnryof commoners for their lives a jury of twelve freeholders must all holders, agree in one opinion before they can bring a verdict either for acnuittal or condemnation of the prisoner. 78 wiu. 30. Provided always, That this act nor any thing therein conBnul tained shall any ways extend to any indictment of higli treason 'nor to ny proceedings thereupon for counterfeiting his majesty's coin, his great seal or privy seal, his sign manual or privy tend to signet, ...