CHAPTER CLXXXVIII.

PLEADINGS. APPEALS.

Art. 1. General principles.

2. In what cases an appeal lies.

3. Form of proceeding, &c.

4. The effects of an appeal.

5. Appeals to the court for the correcting of errors in N. York. 6. Appeals in Virginia.

2. Massachusetts statutes as to reviews.

3. Cases decided in these statutes.

4. Bonds and other material forms in reviews, and notes.

CHAPTER CXC.

PLEADINGS. SCIRE FACIAS.

Art. 1. General principles.

2. Where scire facias is proper.

3. Proceedings in scire facias.
4. Pleadings in scire facias.

CHAPTER CXCI.

PARTITION. PLEADINGS.

Art. 1. General principles.

2. Partition at common law.

3. Massachusetts statutes as to partition on petition.

4 Decisions on the statutes.

5. Partition in other states.

6. Pleadings in partition.

Art. 1. General principles.

2. Massachusetts statutes as to trustee actions.

3. Pleadings in trustee actions.

4. Facts that make one, trustee.

5. Facts that do not make one, trustee.

6. Proceedings in these actions.

7. Notes on the trustee process in Massachusetts.

8. In other States.

9. Videlicet or Scilicet.

CHAPTER CXCIII.

SYNOPSIS OF PLEADINGS.

Art. 1. General principles.

2. Civil actions.

3. Abatement.

4. Matters pleaded after the usual time of pleading.
5. Pleas in bar.

6. Pleas in bar, the several kinds.

7. Replication.

8. Demurrers.

9. Trials of various kinds.

10. Repleader-bills of exceptions, and arrest of judgment, &c. 11. Amendments, matters aided, &c.

12. Pleas in certain particular cases.

13. Courts in the United States, how constituted.

14. Appeals.

15. Reviews.

16. Scire facias.

17. Partition.

18. Trustee actions.

19. Account, assumpsit on contracts, &c. pleadings in each, &c. 20. Case, detinue, ejectment, land actions, replevin, trespass, and trover, &c. on torts, &c.

21. to 25. Pleadings in chancery in several forms.

26. Pleadings in criminal cases.

27. Complaint.

28. Security of the peace, &c.

29. Warrant to arrest.

30. Commitment and bail.

31. Relief on habeas corpus.

32. Indictments.

33. Informations.

34. The offender brought in, &c.

35. Arraignment, standing mute, confession, approving.

36. Pleas in criminal cases, various kinds.

37. Challenges.

38. Trials.

39. Evidence and verdict.

40. Benefit of clergy.

41. Arrest of judgment, &c.

42. Judgment.

Art. 43. Forfeitures and penalties.

44. Judgment reversed in error.

45. Executions.

CHAPTER CXCIV.

PLEADINGS. PRACTICE.

Art. 1. As to time to plead, and the effect of delay. 2. The manner of arguing and hearing causes.

3. Proceedings irregular and set aside.

4. Proceedings not set aside, though objected to as irregular.

5. Notice pending suits, &c.

6. Delay of trial.

7. Usages in the different states.

CHAPTER CXCV.

PLEADINGS. COSTS.

Art. 1. Costs, generally, and general principles. 2. Costs in Massachusetts, statutes as to.

3. Cases decided in this State.

4. Cases of costs in the courts in N. York.

5. Costs in the United States' courts.

6. English cases on general principles.
7. Costs at the court's discretion.

8. Costs in Virginia.

CHAPTER CXCVI.

STATUTES HOW PLEADED, &C.

Art. 1. General principles.

2. Repeal of statutes, &c. the effects.

3. Exceptions in statutes, &c.

4. Prior law how affected by a new statute.

5. Construction of statutes.

6. Pleading statutes.

7. British statutes adopted in the United States, in Carolina, in

Massachusetts; 126 in Carolina, in Massachusetts about 77

in force, but many of them for short periods of time.

8. Statutes in New York, &c. construed, &c.

9. Statute where a contract.

CHAPTER CXCVII.

CRIMES AND PUNISHMENTS.

Art. 1. General principles.

2. Criminal law.

Art. 3. Maxims, &c.

4. The law of nations.

5. Municipal criminal law,

6. Punishment by our law generally, kinds of, ends of, variations in; persons not punishable, minors, chance, necessity, subjection, &c. in eleven heads.

7. Malice.

8. Who are principals, who accessaries.

9. Act of Congress as to crimes.

10. Proceedings as to principals and accessaries, and notes.

11. Extracts from the new penal code of France, and remarks on them.

CHAPTER CXCVIII.

CRIMES, &C. AGAINST RELIGION AND MORALITY.

Art. 1. General principles.

2. Blasphemy.

3. Idolatry.

4. Heresy.

5. Jesuitism.

6. Profane cursing and swearing.

7. Witchcraft, conjuration, enchantment, and sorcery.

8. Lord's day acts.

9. Adultery, lewdness, incest, fornication.

10. Polygamy.

11. Bawdy houses, brothels, &c.

12. Drunkenness and intoxication.

CHAPTER CXCIX.

CRIMES AGAINST THE STATE, AS TREASON, &c.

Art. 1. General principles.

2. Treason generally.

3. Allegiance.

4. What is treason in the United States.

5. What is levying war.

6. Levying war; American cases.

7. What is adhering to enemies, giving aid and comfort.

8. American proceedings in treason.

9. Misprision of treason.

10. Public agents, as ambassadors, ministers, &c.
11. Ambassadors how punishable for crimes or not.

CHAPTER CC.

CRIMES AGAINST THE STATE, AS FELONY,

Art. 1. Felony defined: so modern felony.

2. Coins or public currency.

3. Debasing the coin, &c.

4. Bank bills.

5. Embezzling public stores.
6. Serving foreign states.

7. Desertion.

CHAPTER CCI.

&c.

CRIMES, &C. AGAINST PUBLIC POLICY.

Art. 1. General principles; offences against the public peace, public

trade, public police.

2. Affrays.

3. Approvement.

4. Arsenals.

5. Assaults.

2. What is an indictable cheat or fraud at common law.

3. A naked lie not indictable at common law.

4. American cases.

5. Frauds in casting away ships.

6. Deceits and frauds in particular trades and branches of trade

and commerce.