A Practical Treatise on the Criminal Law: Comprising the Practice, Pleadings ... - Joseph Chitty - Google Books

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PROCEEDINGS RELATIVE TO JUDGMENT.

the like in another form, before judgment of death, 364

call to prisoner before judgment for petit larceny, 364

speech of judge preceding formal judgment, 364

formal judgment for high treason before the late act, 365

general form of entry of judgment, 365

form of judgment, 365

modern judgment in high treason, 366

ancient judgment for high treason, 366

entry of judgment on confession of high treason, 366

ancient judgment in high treason upon a man, 366

the like upon a woman, 396

judgment for treason, relating to coin and petit treason, 367

entry of similar judgment, 567

judgment against Earl Ferrers for murder, 367

judgment for murder, hanging and dissection, 367

ancient form of judgment for manslaughter, 367

verdict, not guilty of murder, guilty of manslaughter, 363

judgment for felony in general, 368

judgment for misprision of treason, 368

judgment of præmunire when defendant is in prison, 368

the like when the defendant is not in prison, 368

judgment of præmunire on confession of indictment, 368

judgment of præmunire, 369

judgment against defendant for assaulting the marshal of K.

judgment for rescue, in superior court, 369

for perjury at election, 369

modern judgment for conspiracy, 369

ancient form of judgment for conspiracy, 369

judgment for a libel, 370

judgment of transportation for seven years for grand larceny

after prayer of benefit of clergy, 370

judgment of transportation, 370

judgment for petit larceny, whipping, 370

judgment for concealing naval stores, imprisonment and whip-

ancient judgment, branding in the hand and inprisonment, 371

remittance of part of judgment, 371

judgment for uttering on same day several counterfeit shil-

judgment for coining, 371

judgment for uttering base money twice in one day, 372

judgment at sessions, imprisonment for a year on conviction of

judgment of imprisonment, 372

receiving stolen goods, 372

judgment on an information, fine and imprisonment, 372

judgment of fine, 373

judgment at sessions of fine on conviction of assault, 374

judgment at sessions of fine for not repairing bridge, 374

judgment of pillory, 374

rule and judgment of K. B. on an indictment imprisonment

and pillory, 374

judgment in K. B. fine, imprisonment, and security for good

similar judgment in K. B. for libel, 375

rule in K. B. for defendant's finding sureties for good beha-

judgment against county for not enlarging public bridge, 376

order by consent for discontinuing nuisance and payment of

judgment of acquittal on verdict for defendant, 376

judgment of acquittal in K. B. 376

entry of judgment for defendant on plea of pardon, 376

entry of judgment for defendant on special verdict on indict-

ment for murder, 376

record of judgment on acquittal at county sessions, 381

the like where defendant convicted and a fine imposed, 382

record at Westminster sessions of fine of one defendant and

acquittal of another, 382

record of judgment on conviction at adjourned session of oyer

and terminer, at Clerkenwell, Middlesex, on indictment for

keeping disorderly house, 386

the like where defendant is acquitted, 388

record of conviction and judgment for murder, of felony at

record of judgment for defendants on indictment at oyer and

terminer at assizes for not repairing highway, 392

record of acquittal for conspiracy, no prosecutor appearing.

Indictment at sessions removed by certiorari, 396

record of acquittal (on prosecutor's default) at Old Bailey

removed into B. R. 400

record of judgment in K. B. on special verdict with continu-

record of fine on parish with continuances, 408 [ances, 402

CHAP. XVII.

THERE ARE NO FORMS APPLICABLE TO THIS CHAPTER.

CHAP. XVIII.

PROCEEDINGS IN ERROR.

Precipe for writ of error.

on indictment for not repairing way, 415

on indictment for receiving stolen goods, 415

return thereto, 417

certiorari in error, 419

Assignment of errors and proceedings thereon.

in parliament on indictment for libel, 420

of general errors in K. B. 421

that no time is stated, &c. 421

that it appears the court had no jurisdiction, 422

that indictment does not show obligation to repair, 423

length and breadth of road not stated, 424

no information exhibited, 424

on indictment for not repairing bridge, 426

affidavit of service of rule to join, 426

joinder in error, 423, 427

rule for concilium, 428

petition for king's counsel to argue errors, 428

notice of argument, 428

paperbook in error, 428

notice of further argument, 429

joinder in error, continuance and reversal, 429

affirmance of judgment, 430

case and reasons in error, 430

record of proceedings in error,

record in error, 433

CHAP. XIX.

REPRIEVES, PARDONS, PLEAS, NON IDENTITY, &c.

call to woman after judgment, 443

oath before matron to try pregnancy, 443

oath of the rest of jury, 443

the like in another form, 444

officer's oath to keep jury of matrons, 444

verdict-pregnancy, 444

oath to jury to try insanity, 444

respite of execution in London, 444

the like at Nottingham assizes, 445

certificates recommending to mercy, 445

the like on condition of transportation, 445

the like on condition of entering into marine service, 445, 6

the like on condition of enlisting as a soldier, 446

the like on ground of witness being discreditable, 447

the like on condition of being kept to hard labour, 448

respite to give time to apply for pardon, 449

petition for pardon, 449

pardon under sign manual, 449

letters patent remitting fine, 450

certificate recommending to mercy, 451

call to prisoner to pray pardon, 452

verdict-manslaughter-not murder, 450

plea act of general pardon, 452

replication and rejoinder, 452

entry of judgment of hanging and pardon, 453

order confirming pardon, 454

entry of remittatur of fine, 454

entry of verdict and respite, 455

recognizance after conviction, 456

certificate, 456

entry of trial of instanter in K. B. on plea of non identity and

rule of court for execution, 457

list returned to house of commons of convicts, 459

CHAP. XX.

PROCEEDINGS RELATIVE TO EXECUTION OF SENTENCE.

writ of execution on judgment for murder, 460

writ to sheriff of Middlesex for beheading prisoners, 461

sheriff's receipt, 462

judge's order to hang in chains, 462

transportation order at sessions, 463

order for transporting pardoned criminals, 463

order for hard labour in lieu of transportation, 464, 5

certificate thereupon, 465

CHAP. XXI.

CERTIFICATES, ESTREATS, RESTITUTION, REWARDS, &c.

certificate of conviction for burglary at Old Bailey, 467-

the like of conviction for forgery, 468

the like of conviction for burglary, at Norfolk circuit, 469

certificate to sheriff on allowance of pardon, 469

certificate of clerk of assize of order for transportation, 470

certificate of indictment found for forgery, 472

certificate of conviction, 472

certificate of defendant's not appearing to try traverse, 472

certificate of escape from Thames, 473

certificate of conviction for coining, 474

certificate of recognizance, 475

the like and of prosecutor's neglect to appear, 477

the like of defendant's neglect, 478

certificate of trial and acquittal, 479

CERTIFICATES, &c.

certificate of acquittal of some prisoners and discharge of

others for want of prosecution, 479

certificate of estreat on defendant's non-appearance, 480

certificate of witnesses' non-appearance, 481

certificate of defendant's non-appearance, 482

certificate of prosecutor's non-appearance, 483

certificate of defendant's non-appearance, 484

estreats from assizes, 485

the like from sessions, 487

.oath to clerk of peace on delivery of estreats, 488

petition to discharge estreat, 489

cases respecting estreats in exchequer, 489

ancient writ of restitution, 491

Tyburn ticket, 492

assignment of the ticket, 493

order for discharge of clerk of the peace for extortion, 493

CHAP. XXII.

PROCEEDINGS RELATIVE TO INFORMATIONS.

affidavit to ground motion for information against a private in-

brief to counsel to move, 497

rule to show cause, 497

affidavit of service, 497, 8

recognizance to prosecute, 498

forms of informations, 498

subpoena for defendant's appearance, 499

entry of plea, not guilty, 499

petition for king's counsel, 499

licence for counsel, 500

prosecutor's notice of motion for judgment, 500

defendant's notice for judgment, 500

record of conviction on information, 501

notice of motion for information against magistrate, 503

affidavit of service of such notice, 504

PLEAS IN CRIMINAL PROCEEDINGS.

Pleas to the jurisdiction.

that offence triable in Scotland and demurrer, 505

exclusive jurisdiction in corporation of Beverley, in York-

replication thereto jurisdiction in quarter sessions, 514

rejoinder and issue, 515

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