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INDEX

ABORTION; see " Procuring Abortion." .
ABDUCTION,

of any woman on account of her fortune with intent to

marry her, 1
of any girl under the age of sixteen from her parents or

temporary guardians, ib.
stat. 9 Geo. 4, c. 31, s. 19, takes its origin from stat.

3 Hen. 7, C. 2,-1, note
form of indictment on this statute, ib.
cases upprovided for by the act, 2, note
indictment will lie if the woman at first refuses, though
she afterwards consents, ib.
and so, if she afterwards refuses, though she

at first consents, ib.
if a refusal in one county, and consent in

another, indictment will only lie in the

former county, ib.
ACCEPTANCE on bill of exchange, forgery of, 216
ACCESSORY

before the fact may be tried as such, or as a substantive

felon, &c., 2
may be tried in either county where offence committed in

two counties, ib.
before the fact in abduction, bigamy, assaults, child-

stealing, rape, and unnatural crimes, 10
before the fact in larceny, robbery, embezzlement, sacri-

lege, and other offences under the Larceny Act, how

punishable, 319
before the fact in malicious injuries, 373
before the fact in murder, 386
before the fact in forgery, 145, 148, 155, &c.
after the fact may be tried by any court having jurisdie.

tion to try the principal felon, 3
observations on the alteration of the law as to accesso-

ries, ib. note
receivers of stolen goods may be tried as, see tit. Re-

ceiving Stolen Goods."
may be outlawed before outlawry of principal, 521

ADDITION, plea of, want of, 248, note, and 253
ADHERING to the king's enemies, 229
AFFRAY

statute of Northampton, 4
none to ride in harness, or with launcegays, ib.
confirmation of former statutes, 5

definition of the word, 4, note
AIDING ESCAPE ; see tit, Escape."
ANCHORS, receiving stolen, see “ Receiving Stolen Goods."
ANIMALS, cruelty to (Mr. Martin's act), 376
ANSWER, in chancery, where perjury cannot be committed in,

471, note
ARMOUR; see “ Stores."
ARRAIGNMENT; see “ Trial.
ARREST; see « Warrant."

of clergymen during divine service, 7
ARSON; see also title Burning.",

setting fire to a church, chapel, house, or certain build-

ings, 5
statute 7 & 8 Geo. 4, c. 30, founded on 43 Geo. 3, c. 58,

s. 1-5, note
difference between them, ib.
indictment for arson, ib.

at common law, ib.
under the statute, 6, note

as to the act of burning, ib.
as to the venue, ib.
as to the species of properly, ib.
as to the possession, ib.
as to the interest, ib.
on an indictment for burning B.'s house,

proof of an intent to burn A.'s house
sufficient to support the averment of

malice,ib.
fact of burning prima facie evidence of

malicious intent, ib.
ASSAULT; see " Smuggling” and “ Rescue.

attempting to murder by poison or violence, capital, o
shooting at, or wounding any one, with intent to rob or

maim, capital, 7
arresting a clergyman during divine service, ib.
assaulting officers and others in their endeavours to save

shipwrecked property, ib.
with intent to commit felony, 8
on peace officers, ib.
in pursuance of a conspiracy to raise wages, ib.
on seamen, to prevent them from working, punishable

summarily, ib.

IN

INDEX.

609
ASSAULT (continued):

with intent to obstruct the buying or selling of grain,

punishable summarily, ib.
common assaults, punishable summarily, ib.
if complaint dismissed, the magistrates to make out

a certificate to that effect, 9
convictions or certificates, a bar to future proceed-

ings, ib.
not to apply to aggravated cases, ib.
nor to cases in which the title to property, or the

execution of process, is concerned, ib.
master of a merchant vessel forcing a seaman on shore,

or refusing to bring him home, liable to imprison-
ment, 10

mode of trial, ib.
provision for accessories to such offences, ib.
provision for offences of this nature committed at sea, ib.
provisions for offences of this nature punishable on sum-

mary conviction, ib.
limitation of time for summary proceedings, 11
terms of conviction, ib.
stat. 9 Geo. 4, c. 31, not to repeal any act relating to

high treason, or the revenue, or combination of
workmen, 12
not to extend to Scotland or Ireland, ib.
11th and 12th section of, founded on 43 Geo. 3,

c. 58, s. 9, 12, note
form of indictment upon, ib.
cases relative to, ib.

what intent necessary, 13 note
ASSIGNMENTS of Perjury, 477, note
ASSIZES; see " Trial.

commissions not opened on the day named therein may
be opened the following day, 13
the cause of delay to be certified to the chan-

cellor, and enrolled, 14
lodgings of the judges at county assizes to be construed

to be within the county at large, as well as within

the county of the town, 14
ATTAINDER :

not to extend to disinheriting any heir, except for high

treason, 15

by outlawry,521
ATTORNEY:

any person convicted of forgery, perjury, or barratry,

practising as an attorney, to be transported, 25
BAIL:
By Writ of Habeas Corpus.
Writs of habeas corpus, within three days after service,

to be returned, and the body brougbt, if within
twenty miles, &c., 16

BAIL (continued):

how to be marked, ih.
proceedings thereon in vacation time, ib. 12
persons neglecting two terms to pray a habeas

corpus, shall have none in vacation, 18
officers, how to be proceeded against for not obeyiug such

writs, 18
persons set at large not to be recommitted but by order

of court, ib.
persons committed for treason or felony shall be indicted
the next term, or let to bail, 19

and tried the term after, or discharged, ib.
not to discharge persons charged with civil process, ib.
no persons to be removed from custody, except by this or

some other legal writ, ib.
penalty for denying a babeas corpus, 20
may be directed to privileged places, ib.
prosecutions for offences against the act of habeas corpus

to be commenced within two years, ib.
after assizes proclaimed, prisoner not to be removed by

this writ, but brought before the judge of assize, ib.
in suits for offences against this law, the defendants may

plead the general issue, 21
no accessories before the fact to petty treason or felony

to be removed by this writ, ib.
extended, by 56 Geo. 3, c. 100, to cases where a person

is confined otherwise than for a criminal matter, ib.
pon-obedience to writs issued under this act to be in con-

tempt of court, 22
writs issued in vacation to be returnable the next term,

and, issued in term, to be returnable in vacation, ib.
process of contempt may be awarded in vacation for dis-

obedience to writs issued under stat. 31 Car. 2, c. 2
this writ lies at common law, 23, note
power of courts of justice to bail, ib.
history of bail in criminal cases, ib.
whether or no the writ issues as of course, 24, note
returns to the writ,

cannot be questioned, ib.

sufficient or insufficient, ib.
In bailing felonies four sureties required, ib.
Refore Justices of the Peace :
who may be admitted to bail on a charge of felony, and

who may not, 24
bailee has a special property in goods, 327, note
how goods under his care may be laid in indict-

ment, ib.
BANK OF ENGLAND, embezzlement by clerks at, 103

meaning of the word intrusted, under 15 Geo. 2, c. 13,

104, note

BANK OF ENGLAND (continued):

whether a bank note cancelled is within the stat. qu., ib.

forging notes of, 151, et seq.
BANK OF A RIVER, damaging, 369
BANKERS (Private.)

making frames, &c. for paper with their names appearing

in the substance of the paper, 219

embezzlement by, 99
BANK NOTES (included under “ Valuable Security”), 308
BANKRUPTS,

non-surrender and embezzlement by, 103.
embezzlement to the amount of 101. felony, ib.
essence of offence that the goods embezzled should be of

the value fixed by the act
perjury by, 488

libel to publish that a tradesman is a bankrupt, 362, note
BAPTISM, forgery in register-book of, 197
BARRATRY:

persons convicted of, practising as attorneys, to be trans-

31 ported, 25
no one can be à barrator in respect of one act only,

26, note
BARRISTER,

may plea a forged deed, 211
BASTARD:

concealing the birth of, an indictable misdemeanor,

522, 523, note
cannot be described by his mother's name in an indict.

ment for the murder of him, unless he have gained

the name by reputation, 389, note
person claiming to be father of, not indictable for child

stealing, 57
BATTERY; see “ Assault."
BENCH WARRANT; see Process.
BIGAMY:

punishment of, 26
place of trial, ib.
exceptions, ib.
not punishable before stat. 9 Geo. 4, if the second mar-

riage took place out of the jurisdiction of the law
of England, 26, note
nor if the first consort had been abroad for

seven years, though known to be living, ib.
in prosecutions for, what must be proved, 27, note

what marriages come within the law, ib.
BILL OF EXCHANGE,

forgery of, 211
included in" Valuable Security,308

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