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Pleas to the jurisdiction.

plea, offence out of jurisdiction of sessions, 515
demurrer to plea to jurisdiction, 515

joinder in the like, 51

continuances, and judgment on demurrer and respondeas

Demurrers to indictments.

general demurrer, 517

the like by inhabitants of parish, 517

common joinder, 517

ouster, [516

demurrer to some counts on indictment for forcible entry, and confession as to the residue, 518

joinder, 518

special demurrer, no time and place alleged, 518

Pleas in abatement.

misnomer of surname and addition, 520
misnomer of christian name, 521

wrong addition, 521

the like in another form, 522

defendant an earl, and not so described, 523
want of addition, 524, 5

in appeal, no such parish as that named, 525

demurrer to plea in abatement to indictment, 526
the like to replication, 526

joinder, 527

judgment, 527

Pleas in bar to indictment.

autrefois acquit, on indictment for burglary, 258
demurrer thereto, 529

joinder, 530

plea, autrefois acquit to indictment for perjury at Clerkenwell, demurrer thereto, 532

joinder, 533

plea, autrefois convict to appeal of murder, 534

autrefois convict to part, and not guilty to residue, 536
replication, no such record, 538

Of pleas to merits of indictment.

entry of plea, not guilty, in treason or felony, 540

plea not guilty, to indictment for misdemeanour, 540
to information ex officio in K. B. 540

plea by two inhabitants of a parish, 540

[530

by township, confession to part and not guilty to residue, 541

SPECIAL PLEAS.

1. Highways.

plea that two townships are bound to repair different parts of
way and general issue to residue, 542

to presentment of justice another parish bound to repair, 544
plea, two townships bound to repair in their district, 545
plea to presentment, inhabitants of two districts liable to re-
pair, 547, 548

that particular liberty ought to repair, and not parish at large,
replication traversing custom alledged in plea, 549 [549
plea by two inhabitants-not guilty to part, and particular
individuals liable as to residue by reason of inclosures, 550
by parish, that road was created by statute-repairs made
by virtue thereof-particular districts liable to repair parts

SPECIAL PLEAS.

1. Highways.

within each-and other parts repairable by individuals ratione tenuræ, 552

by parish, that commissioners under paving act are liable, 554 plea by parish, confession to first count, and as to the others exemption under paving act, 555

replication-praying judgment on confession, and denying
residue, 556

plea by township-individuals liable ratione tenure, 557
that society of merchants of the city of Bristol liable ratione
tenuræ, 558

replication-issue on traverse, 559

plea not guilty as to part, and as to residue two persons liable ratione tenuræ, 559

plea not guilty as to part, and as to rest that occupiers of certain farms ought to repair, 561

replication in K. B. denying the liability ratione tenure, 562 2. Bridges.

plea by inhabitants of county that trustees under act of parliament liable, 564

plea-proprietors of navigation liable to repair bridge, they having rendered it necessary, 566

[tion, 567 plea-individual bound to repair, setting forth former convic3. Miscellaneous Pleas.

plea by mayor, &c. of Gloucester, to indictment for not repair. ing gaol-inhabitants of city are liable, 568

replication and issue on traverse, 569

plea to presentment by commissioners of sewers, not guilty, and process, 569

Demurrers to pleas, &c.

to plea to indictment removed by certiorari, 571

to plea to information, 572

Joinder in demurrer, 572

CHAPTER I.

THERE ARE NO FORMS APPLICABLE TO THIS CHAPTER.

CHAPTER II.

INFORMATIONS, SUMMONS, WARRANTS, SUPERSEDEAS, AND

OTHER PROCEEDINGS BETWEEN
AMINATION OF OFFENDER.

ACCUSATION AND EX

of informa

MIDDLESEX, (to wit.) The information and complaint of Usual form A. B., of Hammersmith in the county of Middlesex, yeoman, tion for a taken and made on the oath of the said A. B., before me E.criminal of F., esquire, one of his majesty's justices of the peace, in and fence. (a) for the said county, on the first day of January, in the year of our Lord, eighteen hundred and sixteen, who on his oath saith, that [here state the subject matter of the offence, as in the following forms, observing the rules as to the mode of framing the information, ante I. Vol. 31. The offence may in general be described as in the following warrants and commitments, or as in an indictment, though more concisely than the latter, and if the offence be properly stated, the same description will suffice in the warrant.] And thereupon, he the said A. B. prayeth that justice may be done in the premises. (6) Exhibited before me, E. F.

A. B.

Middlesex, (to wit.) Be it remembered, that on the first The like in day of January, in the year of our Lord, eighteen hundred another

(a) As to the form and requisites of the information, see ante 1 vol. 31. This is the usual printed form of information, see Burn, J. Felony, Sect. IV. Toone, 156. The forms sometimes vary, see the following precedents; but the above may be safely adopted in Crim. Law.

all cases.

(b) The conclusion, post 2. with a prayer that a warrant may be issued, seems proper.

(c) See forms Williams, J. Felony, X. Burn, J. Highways, Turnpike, d. Toone, Man. 158. 77. See form and notes, supra. VOL. IV.

A

form. (c.)

[2] and sixteen, at Hammersmith, in the county of Middlesex, A. B. of in the said county, yeoman, in his proper person, cometh before me E. F. esquire, one of his majesty's justices of the peace, in and for the said county, and upon his oath, maketh complaint, that, [here state the substance of the offence as directed in the last precedent.] And thereupon he the said A. B. prayeth that justice may be done in the premises. A. B.

The like be: fore two Jus tices. (d)

Form of in.

Police Office

Before me, E. F.

Middlesex, (to wit). Be it remembered, that on this first day of January, in the year of our Lord eighteen hundred and sixteen, at Hammersmith, in the county of Middlesex, A. B. of, &c. yeoman, cometh before us, E. F. and G. H. esquires, two of his majesty's justices of the peace in and for the said county, and giveth us to understand and be informed, that, [here state the substance of the offence as directed in preceding forms.] And thereupon the said A. B. prayeth the judgment of us in the premises, and that our warrant may issue against the said C. D. to answer the premises. Exhibited before us, E. F. G. H.

Police office, Union hall, Southwark,

A. B.

formation at Established pursuant to acts of parliament 32 Geo. III. cap. 53, and 36 Geo. III. cap. 75.

ces, on 30

s. 1.

Southwark, for obtaining Surrey, (to wit). Be it remembered, that on this day of goods by -, one thousand eight hundred and, at the police office, false preten-Union hall, in the parish of St. Saviour, in the said county of Geo. II. c. 24. Surrey, A. B. of, in the parish of, in the county of Surrey, yeoman, cometh in his proper person before me, one of his majesty's justices of the peace in and for the said county of Surrey, and upon his oath complaineth, that C. D. late of the parish last aforesaid, in the county of Surrey aforesaid, did, after the twenty-ninth day of September, one thousand seven hundred and fifty-seven, to wit, on the day of— now last past, at the parish last aforesaid, in the county of Surrey aforesaid, unlawfully, knowingly, and designedly by false pretences, obtain from one G. H. one, &c. [describe the property as in an indictment for false pretences,] of the monies, goods, wares, and merchandize, of the said G. H. with intent to cheat and defraud the said G. H. of the same; contrary to the statute, &c.

The like for larceny.

A. B. Taken and sworn the day and year first above written, before me, E. F.

Police office, Union hall, Southwark.
Established pursuant to act of parliament, 42 Geo. III.
Surrey. The information and complaint of A. B. of the
parish of in the county of Surrey, esquire, taken this

(d) Toone, Man. 77.

now

day of -in the year of our Lord one thousand [* 3] eight hundred and sixteen, before me, one of his majesty's justices of the peace for the said county, Who, being upon oath, says, that on the day of last past, at the parish of in the said county, [twenty silk handkerchiefs,] of the goods and chattels of this informant, were feloniously stolen, taken, and carried away; and that he hath just cause to suspect, and doth suspect, and verily believes that C. D. late of the parish last aforesaid, in the county aforesaid, labourer, did then and there feloniously steal, take and carry away the same, against the peace, &c. And thereupon this informant prayeth me, the said justice, to issue my warrant to apprehend the said offender, in order that he may be dealt with according to law, and justice done in the premises.

A. B.

Taken and sworn the day and year first above written, before
E. F.

sons on 1 W. and M. c. 18.

Middlesex, (to wit). Be it remembered, that the first day Information of January, in the year of our Lord one thousand eight hun-of two per dred and sixteen, at in the said county, A. B. of in the said county, and C. D. of - in the said county, s. 18. for dis severally came before me E. F. esquire, one of his majesty's turbing a li justices of the peace, in and for the said county, and upon senting contheir several corporal oaths, gave me, the said justice, to gregation understand and be informed, that on Sunday last, being the (e)

day of instant, one G. H. of yeoman, willingly and of purpose maliciously and contemptuously, did come into (f) a certain chapel of his majesty's protestant subjects, dissenting from the church of England, permitted by act of parliament, and duly licensed and registered according to law, situate at in the said county, and by shouting with a loud voice during the time of divine service there, [or as the fact is] did disquiet and disturb the congregation therein assembled, contrary to the statute in such case made and provided; therefore the said A. B. and C. D. pray of me that such proceedings may thereupon be had against the said G. H. for the said offence, as the statute in that behalf made doth require.

Exhibited before me E. F.

A. B. of

day of

A B.
C. D.

censed dis

yeoman, maketh oath, and saith, that on the Information instant at Isleworth, in the county of for an asMiddlesex; C. D. of labourer, did violently assault,

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(e) Toone Man. 359. See the indictments on the Toleration Act, 5 Term Repts. 542, et ante 24 to 34, and 52 Geo. III. c. 155, s. 12, &c. which extends the remedy.

(f) If the information be on 52 Geo. III. c. 155. s. 12. this allegation does not seem necessary, ante 2d vol. 24, 28.

(g) Toone Man. 41.

sault. (g)

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