spector to make report every session, 147; inspector not eligible as member of house of assembly, ib.; inspector of police may punish constable for minor offences, 149; inspector of police may commit constable to prison, ib.
police constables appointed for certain places, 148, 149.
constables to attend fires, 151, 152; inspector to keep register of com- mon lodging-houses, 214; constable may apprehend loiterer at night on suspicion of felony, 63, 76; no wheeled carriage to be unneces- sarily driven across Fleeming's Square under penalty, unless re- gimental band is performing for other than military purposes, 238. CONTRACTS of service, 227. See Master and Servant. CONVEYANCE, priority of title by registration, 178. CONVICTION, SUMMARY, procedure by, 65, 77. See Criminal Law. CORONER, procedure on finding of murder, &c., 127; duty of clerk of the crown on a finding of murder or manslaughter, &c., ib.; coroner to put in writing evidence taken before jury, 112; may be tried for neglect, ib.
CORPORATION, act for incorporation of companies, 6. See Company. COSTS, on conviction for assault or misdemeanor, 65; may be removed by distress, ib.
COUNCIL, CLERK OF, office defined, 300.
COURTS, salaries of judges in, 300. See Salaries.
procedure for drawing juries to be the same in all courts, 47. See Court, General, subd. Juries.
COURT, DIVORCE AND MATRIMONIAL, procedure on application by deserted wife for maintenance, 40.
COURT, GENERAL, salaries, 311.
judge may order a prisoner to be brought up to give evidence, 27. recovery of small tenements, 24 et seq.
juries; qualification of jurors, 41, 49; exemptions, ib., 48; disqualifica- tion, 42; precept for list of qualified jurors, ib.; list to be made, jury book, ib.; correction of list, ib.; a general panel of jurors to be drawn for each term, 43; juries, how drawn in Court to try issues, 44; summoning of jurors, 43, 44; different issues may be tried by same jurors, 44; special juries to be struck in certain cases, 45; jus- tices to select qualified persons as special jurors for one year, ib.; special jury book, ib.; mode of striking special juries, ib.; party ap- plying for special jury to pay fees, &c., 46; trial of felony by special jury, ib.; mode of appointing viewers, ib.; mode of drawing juries to be the same in all Courts, 47; challenges of jurors allowed, ib.; talesmen, when and how drawn, ib.; in indictments for treason, &c., not more than twenty persons may be challenged, 114; penalty on jurors not attending, 47; alien may be tried by jury de medietate linguæ, ib.; expenses of jury list, &c., 48; certain acts of assembly repealed, ib.
power under judgment summonses extended, 26.
how judge of Court of Common Pleas may sue and be sued, 27. how security to be given and enforced, ib.
form of judgment summons and warrant of commitment, 27, 29. bankruptcy and insolvency of plaintiff no abatement if assignee elect to continue, 27.
Court of Chancery, powers of, transferred to General Court, 21: judges may sit at chambers, &c., ib.; suits pending in chancery to be trans- ferred, ib.; Court of Equity may award damages, 22; judges of, to make rules and tables of fees, 22, 24; additional remuneration to judges, 22; rules and fee table to be published, ib.; registrar of records to be
COURT GENERAL-(continued).
ex-officio registrar, 22; damages may be assessed or questions of fact tried before the Court itself with or without a jury, 22, 23; party may be required to admit documents, costs, 23; Court to determine all questions of law and fact, 24; how causes shall be commenced, 30; service of copy of bill and summons, ib.; form of writ, 33; de- fendant about to leave the colony may be held to bail, 30; special orders may issue before actual filing of bill, ib.; sections of 17 Vict. c. 20, to apply to writs on equity side, ib.; mode of appearance to writ of summons, ib.; time for filing answer, replies and pleadings, 31; decree by default, 31, 22; summons to obtain an answer to in- terrogatories, 31; what defendant's answer may contain, ib.; setting down cause for hearing, ib.; signing bills, sealing papers, issuing præcipe, and recording proceedings, 32; decrees in equity to have effect of judgments, ib.; contempt of Court, ib.; decree in equity gives legal right, though party ordered to execute a deed does not do so, ib.; sittings in equity, ib.; registrar to give notice, ib.; incorpo- rates certain sections of 15 & 16 Vict. c. 86, ib.; judgment by default on filing affidavit, ib.; practice in equity, when not specified to be as at law, 33; equity act not to abridge jurisdiction of General Court, &c., ib.; "chief and assistant justice" defined, ib.; parties to certain suits, 34; parties to administration suit, ib. ; to suit to enforce a trust, ib.; suit to restrain waste or injury to property, ib.; conduct of suit in such cases, 26; trustee to represent cestui que trust, ib.; stamped copy of administration summons to be filed, 36; filing of summons to be lis pendens, ib.; order for administration of real estate, ib. ; misjoinder, suit not to be dismissed for misjoinder of plaintiff's, but Court may modify decree, ib.; declaratory order only may be made, 37; parties, Court may decide between parties without joinder of others interested, ib.; abatement, &c., order with effect of decree on bill of revivor, ib.; revivor by order without bill, ib.; new facts, &c. to be introduced as amendments to bill, &c., 38; order for adminis- tration of estate on summons by creditor legatee, &c., 35; Court may proceed without representative of deceased person or may appoint one, ib.; special directions as to mode of taking accounts, 38. Court may direct sale of mortgaged property instead of foreclosure, 36; Court may order real estate to be sold, 38; before sale of estate abstract to be laid before counsel, ib.; time for delivery of abstract to be specified in conditions of sale, 39.
Court may allow to parties income from property in dispute, ib.
CRIMINAL LAW. See Constables, Court (General), Evidence, Justices. abettors in misdemeanors, 52, 76, 102, 105; in offences punishable on summary conviction, 102.
abduction of a woman, 61; fraudulent abduction of a girl under age, ib.; abduction of girl under sixteen years, ib.
abortion, procuring drugs, &c. to cause abortion, 63; administering drugs or using instruments to procure abortion, 62.
arms; not lawful to carry deadly weapons about the person, 240; con- stables may arrest persons found armed, ib.; offences may be heard by one justice penalty and forfeiture of weapon, ib.; protection to justices and constables acting under act, ib.; military and navy ex- empted, 241.
accessories before and after the fact may be prosecuted as such, or as sub- stantive felons, and independently of principal, 51; punishment of, 52, 64, 76; prosecution of after principal has been convicted, but not attainted, 52; several accessories in same information, ib.; prin- cipals in the second degree and accessories in felony, 64, 76, 101, 105. accusing or threatening to accuse with intent to extort, 89. acts repealed from December 1st, 1865, 131; offences committed against act repealed prior to repeal, to be dealt with as though act in force, 132.
CRIMINAL LAW-(continued). apprehension of offender, 125.
assault with intent to rob, 88; with intent to commit felony, 58; on clergyman in discharge of duty, 58; on magistrate or officer, on ac- count of his preserving wreck, ib.; with intent to commit felony, or on peace officers, &c., ib.; arising from trade combination, &c., ib.; punish- ment for common assault or battery, 59, 60; punishment for aggra- vated assault on female or boy under fourteen years of ib.; age, certificate that complaint was dismissed, 59; certificate or conviction a bar to other proceedings, ib.; exceptions, ib; punishment for assault occasioning bodily harm, ib.; indecent assaults, &c., how punished, ib. attempt to commit an infamous crime, 63.
bail, when may be taken by police, 145. bestiality, 63; attempt to commit, ib. bigamy, 62.
bodily harm. See Malicious Injuries.
by furious driving, 58.
burglary by breaking out, 90; punishment, ib.; what building deemed part of dwelling-house, ib.; entering dwelling-house at night with intent to commit felony, ib.; breaking into any building within the curtilage, and committing felony, ib. ; breaking into house, shop, ware- house, &c., and committing felony, ib.; housebreaking, &c., with intent to commit felony, ib.; being armed with intent to commit bur- glary, &c., 90, 91; previous conviction, 91.
cartage and drayage act, offences against, 235.
child stealing, 61; concealing the birth of a child, 63.
church, breaking and entering church or chapel and committing felony, 39.
clergymen, assaulting, 58.
coin, penalty for attempting to pass false coin, 124.
concealment of birth, 63.
constables, harbouring while on duty, 146; assaulting, 146. See Con- stables.
coroner, 112. See Coroner.
defamations, 238.
defilement of women and girls, procuring the defilement of girl under age, 60; carnally knowing a girl under ten years of age, ib.; carnally knowing a girl between the ages of ten and twelve, ib.; attempts, ib. embezzlement by clerks or servants, 93; by persons in the Queen's ser- vice, ib.; form of information and warrant of commitment, 94; agent, banker, &c., embezzling, &c. money or selling securities, goods, &c., in- trusted to him, 95, 96; under power of attorney, 96; factors obtaining advances on property, ib.; definitions of term "intrusted,"97; "pledge,' ib.; "possessed," ib.; "advance," ib.; "contract or agreement," ib.; "advance," ib.; clerks assisting in frauds by factors, ib.; possession to be evidence of intrusting, 98; trustees fraudulently disposing of pro- perty guilty of a misdemeanor, ib.; prosecution only with sanction of judge or attorney-general, ib.; directors, &c., fraudulently appro- priating property, ib; or keeping fraudulent accounts, ib.; or wilfully destroying books, &c., ib.; or publishing fraudulent statements, ib.; liability for embezzlement or fraud not to excuse persons from giving evidence, ib.; remedies at law or in equity not affected, 99; no remedy at law or in equity shall be affected by criminal proceeding for em- bezzlement, &c., ib.; convictions shall not be received in evidence in civil suits, ib.
evidence in criminal cases, discrediting and contradictory witness, 130; proof by attesting witnesses, 131; comparison of disputed hand- writing, ib.
expenses of conveyance of prisoners, 117.
expense of witnesses, 116.
CRIMINAL LAW-(continued).
explosive and corrosive substance. See subd. Malicious Injuries. false pretences, obtaining money, &c., by, 99; no acquittal because offence is larceny, ib.; form of information and evidence, ib.; where money, &c., is caused to be paid to any other person, 100; inducing persons by fraud to execute deed, &c., ib.
fines, recovery of fines and penalties; application of forfeitures and penalties on summary convictions, 104.
forfeiture, jury not to inquire as to the lands, &c., of felons, 114. forgery, repeal of certain acts, 107; forging security, &c., ib.; making false entry in books at the public bank, ib. ; forging transfer of public stock or fund, &c., ib.; personating owner of a share, &c., 108; for forging signature of a witness to power of attorney, ib.; forging deed, &c., ib.; unauthorized acknowledgments of a recognizance, ib.; en- graving bill of exchange, &c., ib.; payment of costs by convict, 111; application of certain acts, repeal of others, ib.; forgery of document under regulation act, 179.
fraud. See Embezzlement.
furious driving, 58.
homicide, murder, 52; information for, ib.; sentence for murder, ib.; manslaughter, 53; information for, ib.; information for murder or man- slaughter, ib.; excusable homicides, ib.; petit treason, ib.; administer- ing poison or wounding, with intent to murder, ib.; damaging building with gunpowder, &c., with intent to murder, ib.; setting fire to or casting away ship, with intent to murder, 54; attempting to administer poison, or shooting or attempting to drown, &c., with intent to murder, ib.; by any other means attempting to murder, ib.; sending letters threatening to murder, ib.
idle and disorderly persons, 126; 9th section of 4 Vict. c. 29, re- pealed, ib.
indictment, procedure by, abolished, 118; examinations and informa- tions before justices not for summary jurisdiction, to be transmitted to the Attorney-General, ib.
information, procedure, ib.; not insufficient for want of certain tech- nical expressions, 123.
injuries. See Malicious Injuries.
insane person convicted of offence to be sent to asylum, 129; person charged with offence and found insane, may be sent to asylum, ib.; powers of commissioners of asylum over lunatic criminals, ib.; expenses of care of lunatic criminals, &c., ib.
interpretation of statute, number and gender, &c., 116; "attorney- general," 127; "carnal knowledge," 63; "custody," 109; "docu- ment of title," &c., 79; "indictable offence," 125; "infamous crime," 89; "information," 125; "misdemeanor," 118; "night," 80, 125; "person, 109; 66 property," 80, 125; "valuable security," 80. jury. See Court, General.
justice, 112. See Justices. Justices and coroners may be tried for neg- lect, ib.; proceedings against justices for excess of jurisdiction, 78, 79. larceny, interpretation of terms, "document of title to goods," 79; "document of title to lands," ib.; "trustee," ib.; "valuable security,' 80; "property," ib.; "night," ib.; all larcenies to be of the same nature, ib.; bailees fraudulently converting property, ib.; punishment for simple larceny, ib.; three larcenies within six months may be charged in one information, ib.; where a single taking is charged and several takings are proved, ib.; after conviction for felony, 81; after conviction of an indictable misdemeanor, ib.; after two sum- mary convictions, ib.; stealing horses, cows, sheep, &c., ib.; killing animals with intent to steal the carcase, &c., ib.; stealing dogs, ib.; possession of stolen dogs, 82; taking money to restore dogs, ib.;
CRIMINAL LAW-(continued).
stealing beasts or birds ordinarily kept in confinement, and not the subjects of larceny, 82; possession of stolen beasts, &c., ib.; killing pigeons, 83, taking fish, turtle or other shell-fish in private water, ib.; the tackle of fishers may be seized, ib.; bonds, bills, notes, &c., ib.; deeds, &c. relating to real property, ib.; form of information, ib.; wills or codicils, 84; information, ib.; stealing records or other legal documents, ib.; form of information, ib.; metal, glass, woods, &c., fixed to house or land, 85; stealing trees, shrubs, &c., ib.; stealing, &c., live or dead fence, wooden fence, stile or gate, 86; suspected persons in possession of wood, &c., ib.; stealing, &c., any fruit or vegetable, ib.; stealing salt from salt-ponds, &c., 87; stealing from the person, ib.; on trial for robbery, jury may convict of assault with intent to rob, ib.; demanding money, &c., with menaces or by force, with intent to steal, 88; letter threatening to accuse of crime with intent to extort, ib.; assault with intent to rob, ib.; robbery or assault by person armed, or by two or more, or robbery and wounding, ib.; stealing in dwelling-house to value of 5l., 91; stealing in dwelling- house, with menaces, ib.; stealing from ships, docks, wharves, &c., ib.; stealing from ship in distress, or wrecked, 92; persons in posses- sion of shipwrecked goods, ib.; larceny by persons in the Queen's service, 93; by clerks or servants, ib. ; tenant or lodger stealing chattel or fixture, 95; receiving stolen, &c., goods, where the principal is guilty of felony, 100; advertising reward for the return of stolen property, &c., 103. See subd. Stolen Property.
letter demanding money, &c., with menaces, 88.
loiterer at night suspected of felony, &c., may be apprehended, 63, 76. magistrate, assaulting, 58.
malicious injuries to persons: impeding escape from shipwreck, 54; shoot- ing or attempting to shoot, or wounding with intent, 55; what consti- tutes loaded arms, ib.; inflicting bodily injury with or without weapon, ib.; attempting to choke, &c., in order to commit indictable offence, ib.; using chloroform, &c., to commit indictable offence, ib.; administering poison, &c., with intent to injure or annoy, 56; indict- ment on trial for felony, jury may convict of misdemeanor, ib.; not providing apprentices or servants with food, &c., ib. ; exposing chil- dren, ib.; causing bodily injury by gunpowder, &c., ib.; attempt to injure with gunpowder, &c., 57; setting spring guns, &c., with in- tent to inflict grievous bodily harm, ib.
malicious injuries to property: setting fire to a church or chapel, 66; setting fire to dwelling-house, a person being therein, ih.; to house, outhouse, manufactory, farm-building, &c., ib.; to public building, ib.; to other buildings, 67; setting fire to goods in any building, ib.; attempt to set fire to buildings, ib.; destroying or damaging house with gunpowder, a person being therein, ib.; attempting to destroy building with gunpowder, ib.; tenants of houses, &c., maliciously injuring them, 68; cutting or destroying machinery, or fire-engine, felony, ib.; setting fire to crops of corn, &c., 69; setting fire to stacks of corn, &c., ib. ; attempting to set fire to crops of corn, &c., or to stock or steer, ib.; destroying or damaging trees, shrubs, 69, 70, 76; destroying fruit or vegetable, 70, 71; destroying sea-bank or wall on any canal, 71; destroying, &c., fence, wall, stile or gate, ib.; removing piles of sea-bank, &c., 72; breaking down dam of a fish, turtle or salt-pond, or poisoning fish, &c., ib.; destroying, &c., works of art in museums, &c., ib.; killing or maiming cattle, and maiming other animals, 73; setting fire to, casting away or otherwise destroy- ing ships, ib.; attempting to set fire to a vessel, ib. ; attempting to damage vessels with gunpowder, 74; damaging ships otherwise than by fire, ib.; exhibiting false signals, &c., ib.; removing or concealing buoys and other sea-marks, ib.; destroying wrecks or articles be- longing thereto, ib.; malicious injuries not otherwise provided for,
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