BILL IN CHANCERY stealing, 310 BLASPHEMY; see also " Libel." persons convicted of, disabled to hold any office, 27 offenders renouncing their opinions discharged from alteration made in the law, by 53 Geo. 3, c. 160, 28, note BOND, forgery of, 210, 211 BREAKING: what, in burglary; see " Burglary.” BRIBERY: justices to do right to all persons without regard, 28 to take no fee of any but the king, ib. nor give counsel when the king is party, ib. another kind of, arising out of 2 Geo. 2, c. 24, ib. candidates giving or promising reward for a vote inca- pable of serving in parliament, 30 oath to be taken by electors, if demanded, ib. penalty for not administering it, 31 oath of returning officer, ib. penalty of wilful perjury, 32 persons convicted of perjury, incapable of voting, ib. persons guilty of, punishment of, ib. prosecutions to commence within two years, ib. definition of, 33, note an offence at common law, ib. courts will not interfere by information at common law cases respecting, ib. there must be a previous agreement to reward, to consti- penalty on persons engaging to procure the election of penalty on persons receiving, or engaging to give, any limitation of actions, 35 punishment of officers of the customs taking bribes, &c., BRIDGES, maliciously destroying, 369. nuisances to; see "Nuisance." BRITISH PLATE GLASS COMPANY, forgery of their common seal, &c., 158 stealing, or destroying their works, 377 BULLION; cheating, as to, 55 BUOYS, damaging, 378 BURIALS, forgery in register-books of, 197 BURGLARY, definition of, and punishment for, 35, 36 housebreaking, and stealing in a house, when capital, what buildings are part of a house for capital purposes, ib. robbery in a shop, warehouse, &c. stat. 12 Anne, respecting, 36, note cannot be committed but in a dwelling-house, or a build- form of the indictment as to the hour, ib. as to the parish, ib. as to the property of the dwelling-house, ib. 38, note as to the intent, ib. as to the commission of the subsequent felony, ib. what constitutes, ib. 1. A breaking, ib. there must be some breaking, however or constructive, ib. instances of, ib. 2. An entry, 39, note what amounts to, ib. 3. The mansion-house of another, ib. must now be a dwelling-house, 40, note casual abidance not sufficient, ib. nor living there in the daytime, if no one sleeps 4. In the night, ib. the breaking and entry need not be in the same 5. With intent to commit some felony, ib. the felony must be truly laid, ib. if the prisoner be found not guilty of the bur- housebreaking, ib. with felonious intent, an offence under 1 Ed. 6, a person guilty of burglary may be indicted for and, if the evidence fail as to the break- BURGLARY (continued): ing and entry, may be convicted of stealing in a dwelling-house, 41, note form of indictment, ib. the goods must be under the protection of the house, but need not belong to the owner of the curtilage, what, ib. indictment for stealing in any building within the BURNING; see also " Arson." setting fire to a coal-mine, 41 destroying a ship, ib. setting fire to a stack of corn, &c. or a crop of corn, &c., form of indictment, 42, note setting fire to ships of war, or military or naval stores, offence committed out of the realm may be indicted in BUTCHERS: killing or selling on Lord's Day, 397 CARNAL KNOWLEDGE, what necessary to constitute, 588 CATHOLICS; see "High Treason." CATTLE, maiming; see "Malicious Injuries." CERTIFICATE of acquittal, to be given by magistrates to a person falsely its effects, ib. forgery of various certificates, 200, et seq. CERTIORARI: none, upon summary convictions of common assaults by not allowed unless indictee become bound to pay costs, 43 nature of the writ, 44, note out of what courts, and to whom, it issues, ib. issues, as of course, at the instance of prosecutors, ib. never granted, at the suit of the defendant, to unless the defendant be an officer of the crown, ib. CERTIORARI (continued): at what period in the proceedings it lies, ib. to whom it should be directed, ib. the effect of the writ, ib. mode of returning it, ib. interm-time, grantable only upon motion, 46 recognizance to be given for trying the issue next assizes, ib. except in London and Westminster, ib. granted without recognizance, void, 47 prosecutors to have costs in case of conviction of a de- how grantable in vacation, ib. in the counties palatine, ib. on indictments for non-repair of highways, 48 may be obtained, though the parish plead not guilty, recognizance, in practice omitted, when the crown takes up ib. costs, what entitles a prosecutor to, ib. descends to representatives, ib. what are reasonable, ib. not obtained, if judgment be arrested, ib. party prosecuting any certiorari to remove an indictment, CHALLENGE: to grand juryman, 282, note to petty juryman, 304, note CHAMPERTY, description of, under 3 Ed. 1, c. 5, stat. West. 1, 49 buying and selling pretended titles, punishable by for- what persons within the 32 Hen. 8, c. 9, 52 CHAPEL, breaking into, &c., 555 CHEATING; see "Embezzlement" and "Gaming." obtaining money under false pretences, a misdemeanor; no acquittal on the ground that the case amounts to observations on this provision, ib. note new act enlarges the 38 Hen. 8, c. 1, ib. note essence of offence, at common law, is the injury done to what constitute false pretences, under the statute, ib. note by soldiers, 56 CHILD-STEALING, 57 CHURCH, breaking into, &c., 555 CLERGY: where allowed in offences against the revenue laws, 58 felonies within benefit, do., ib. abolished as to persons convicted of felony, 59 CLERKS; stealing their masters' property, 319 embezzlement by, see "Embezzlement" COINING: 1. HIGH TREASONS: high treason to counterfeit the king's what is "money," ib. note forging the coin of other realms current in this realm, 60 clipping, washing, or filing of current money, whether impairing, diminishing, and falsifying the coin of the realm the clipping must be for gain or lucre, &c., ib. note. persons guilty of clipping, &c., discovering two making or mending any puncheon, counter-puncheon, buying or selling, hiding, or concealing, knowingly and conveying out of the mint any puncheon, &c., ib. colouring, gilding, &c., any coin resembling the current puncheon, &c., may be seized and produced in mode of trial for offences under 8 & 9 W. 3, limitation of prosecutions, 68 construction of the 8 & 9 W. 3, c. 67, note, ib. washing, gilding, or colouring the lawful silver coin called a shilling or sixpence, with intent to make it pass for evidence, &c., ib. |