ANIMALS, Dead or alive, stealing, 238, 239, 252 Of base nature, and feræ naturæ, or tame, stealing, ibid. ANIMUS, Furandi must exist at time of taking, or no larceny, 235, 247 ANNUITY; see SETTLEMENT BY ESTATE ANTECEDENT, 196 In indictment, 201 APPOINTMENT OF OVERSEERS; see OVERSEERS APPEAL (IN GENERAL), For appeals against POOR'S RATE, ORDERS OF REMOVAL, CONVICTIONS, What it is, 614 Came into general use, when, 949 Against summary convictions under larceny or malicious injury acts, if sum ex- Is in nature of writ of error, id. From borough, petty or other session or judicial body to quarter sessions, 23, Right to appeal must be expressly given, 7, 614, 898 Time for considering whether to appeal or not, 618, 622 Its difference from certiorari, 614 Incidental power in sessions to adjourn hearing of, 640 Difference of technical precision required in orders and convictions on appeal Against order of removal by borough magistrates, 5, 620; see REMOVAL By parties grieved, and notice thereof, 617, 624 If power of appeal is given to parish officers it must be exercised by a majority, Giving recognizances before appealing, 621 Against poor's rates; see POOR'S RATE, COUNTY RATE, REMOVAL, CON- VICTIONS Where notice of appeal or recognizance omitted, and appeal dismissed on that To what kind of session, 619 To what session in respect of place, id. In respect of time, 620, et seq. Meaning of term "next session," 620-628 Entering and respiting (or adjourning) 623, 640; see REMOVAL Cannot be adjourned unless it could be duly entered, 621 Calculating time for giving notice of, and entering appeal, where it is given to Instances; against poor's rate, order of removal, overseers' accounts, id. Steps preliminary to entering appeal, When party convicted must be informed of his right to appeal, and when Waiver of right to such information, id. Time of entering into recognizance in order to appeal, id. Notice of appeal, where made requisite by statute, and when dispensed with on entering into recognizance, 630 Sessions cannot impose by their practice a new condition of appeal not re- Notice of appeal, written or verbal, 630-632 Filling up printed form of, suffices for written notice, 631 APPEAL (IN GENERAL)-continued. "Reasonable" time for giving notice of appeal, and practice of sessions as to Waiver of right to notice of appeal, id. Giving notice of appeal, when does not dispense with proof of having given Time for giving notice of appeal when fixed by statute, 632 "Ten days' notice," "ten clear days' notice," "fourteen days' notice at Title, direction, and contents of written notices of appeal, 633 By and whom such notices given and served, id. Parish officers to deliberate before appealing on behalf of parish, 618, 622. Such statement dispensed with by respondents acting on the defective notice, 636 Notice of appeal when two magistrates convict together, 619 Entering and respiting, 640, 641, 635 Notice of trying appeal, when necessary, after it has been respited, 635, et seq. Entry, trial, and determination of, Entry of appeal by clerk of peace, 638 Calling on appeal and incidents of reading order of conviction appealed Proving notice of appeal, 639 Proving original order or copy of notice, 638 When sessions to decide on reasonableness of notice, and whether party misled Waiving proof of notice, 639 Moving to respite the hearing of appeal, id. Adjournment for absence of material witness, costs, 642; see 468 642 Parties not confined to evidence already adduced before the magistrates be- But cannot go out of grounds of appeal stated in notice, 907 Quashing order, conviction, &c. for non-appearance of respondents, how Opening appellant's answer to the respondent's case, 644 Where sessions have jurisdiction they must not refuse to hear, or stop short Special entry showing order of removal quashed on formal grounds, 646 Effect herein of the certiorari being taken away, 651, 652 Judgment on, must be given by the justices, and they cannot delegate their But may cbtain opinion of third persons, 644; see 909 If they afterwards themselves determine the matter in doubt there, or at Judgments of quarter sessions on appeals conclusive, though evidence impro- Hardship of this law, 653 Court of Q. B. may quash both order of sessions and of justices when, 646 Except on case sent up by them to queen's bench, id. APPEAL (IN GENERAL)-continued. Queen's bench can interfere and compel sessions to try where they have not So where the entry on record of quarter sessions shows that no judgment was Or a mistake made by clerk of peace in entering quashed instead of con- What justices can vote in deciding appeal, 649 Altering their judgments during the sessions, 654 Equal division in opinion, id. General control of Q. B. by mandamus over practice of quarter sessions, par- Duty of sessions as to hearing appeals, id. Costs of appeals "heard and determined" at quarter sessions, 658 Award of costs forms part of the judgment of the court, and amount must Order of sessions can be enforced by indictment, but not by attachment, 659 Against stopping highways, allowing overseers' accounts, &c.; see HIGHWAYS, Right to, cannot be ousted by certiorari, 954 APPEARANCE; see RECOGNIZANCE Under recognizance should be recorded, or party is not discharged, 142 Party has all the session in which to appear, 230 APPLES, Stealing, 254; and see VEGETables APPREHENDING CRIMINALS, For treason, felony, and misdemeanour, though before indictment found, 142 APPRENTICES, Ill treating, 593; see ASSAULT, Cruelty Jurisdiction of sessions over, in disputes with master, 594 Enlisting as soldiers; see CHEATS, &C. Sessions may proceed in master's absence, and may order correction, id. Settlement by apprenticeship; see SETTLEMENT OF POOR Form of order by two justices for discharging, on complaint of the master, Form of order for discharging on his own complaint, id. Form of order for continuance of, with the representative of his deceased APPROVER, 990 ARMS, Training to use of; see RIOT ARRAIGNMENT; see TRIAL 1. In felony, calling prisoner to the bar, viz. into the dock, and requiring him 2. Reading indictment, 474 3. Asking the prisoner, whether he be guilty or not, when arraigned, 478 Cannot take place if prisoner is insane when arraigned, 475 Pleas on, 478 ARRAIGNMENT-continued. Proceedings on plea of not guilty; see TRIAL ARREST; see APPREHENDING, On civil process in face of court of quarter sessions, 100 ARREST OF JUDGMENT, 578, 499; see JUDGMENT ARTICLES OF THE PEACE, Venire facias from sessions to answer, 206 How this subject may come before sessions, 594 Recognizance for keeping the peace on, may be taken by a single justice for an indefinite time, 595 But better only to bind over to sessions, id. Calling party bound by recognizance to appear at sessions, 597 Process for not appearing to, 229 Surety of peace may be continued to next session, though the party who craved Or venire or bench warrant may issue, 229, 230 Exhibition of articles at sessions, id. Resisting them, 599 Form and Requisites of, id. Grounds of exhibiting, Fear of bodily harm is essential, 599, 600 Threat of imprisonment, 600 Must not be demanded for malice, &c. id. Nor merely because of existing variance, or suit with neighbour, id. Nor for danger to servants or cattle, id. But may be for danger to wife or child, id. Must show fear of present or future danger, 601 May be demanded by any one, e. g. by wife against husband, 601 Against whom granted, id. Practice of sessions as to continuing surety on, id.; see 598 Recognizance on, discharged on applicant's death or demise of crown, 601, 602 Application may be originally made to sessions, though usually made in the Amount of security in discretion of sessions or the magistrate, 602 Form of bench warrant to arrest on, 603; see 230 Recognizance will be certified to next sessions, 603 When recognizance may be respited on good reason for party not appearing, at When recognizance will be forfeited for actual violence or default to appear, id. Exhibiting after acquittal, 576 ARTIFICERS, Leaving kingdom, 451 ASPORTAVIT, 237; see LARCENY ASSAULT, On indictment for a felony including a common assault against the person, the Cases on this enactment collected, 583, 584 1. Common assault, what, 314-316 What provocations will justify assault or even battery, 316 When justified as lawful correction, 294 ASSAULT-continued. Indictment may include assaults on more than one person, as well as several May be adopted concurrently with the civil remedy, but not with criminal Summary remedy before two justices, id. Certificate of magistrate, stating grounds of dismissing complaint, or of pay- In aggravated cases or attempt to commit felony or indecency, or on claim Indictment for a common assault, 319 For giving cantharides, 315 Summary conviction for, under 9 G. IV. c. 31, s. 27, 912 Punishment of common assault, 319 Assaults on masters or bailiffs by servants, 322 2. Assault aggravated by the nature and degree of violence used, 319 3. Assaults aggravated by intent to commit a higher crime, e. g. to ravish, Assaulting revenue or peace officer, or to prevent apprehension, or to raise rate of wages, punishment, id. Assaulting girl between ten and twelve years old, 322, 584 Form of indictment, id. If two intents are laid, it is enough to prove one, 218 Assault merges in felony, if the latter is completed, 321; see MERGER 4. Assault aggravated by the party assaulted being a constable, &c., 322 Assaults on masters or their bailiffs, 322 Form of indictment for assaulting constable in the execution of his duty, 323 On deerkeeper, 385 For assaulting owner, occupier, gamekeeper, or servant, id. Where defendant escaped and was pursued, id. For assaulting collector of turnpike toll in the execution of his duty, 324 ASSEMBLY, UNLAWFUL, 446; see RIOT ASSISTANT OVERSEER, 756 ASSIZES, Sessions may send indictments to, without certiorari, if they could try them Trials of prisoners at assizes intervening between quarter sessions, 162 AT LEAST, see Addendum to p. 632 ATTACHMENT, Quarter sessions have no power of, 101, 588 ATTAINDER, 577, to what day relates as to land, 207 Of father does not defeat child's settlement claimed through him, 761 ATTEMPTS; see ENDEAVour. To commit felony or misdemeanour, indictable, 309 ATTORNEY, Cannot act as justice at county session where he practises, 89 |