DEMURRER-continued. Objections to indictments which would be cured by judgment, can only be taken by, 457, 198 Form of, 457 When to be on parchment, 458 Replication to, id. If overruled in capital felony defendant may plead over, id. 459 But judgment on for the crown in misdemeanour is final, 459 Cannot in general demur after having pleaded to indictment, 459; but see 458 DEPOSIT, Of money on pretended wager, 242 DEPOSITIONS (viz. "INFORMATION ON OATH," before COMMITTING MAGIS- Duty of justices to return to sessions, 10 Evidence of, in general, in criminal cases, 523, 525 Cannot be used before grand jury, 174 Fining justices for neglect, 10 Chairman examines on, where no counsel for prosecution, 152 Copies allowed to prisoners, 552, 11 Copying for inspection by prisoners, 552 Inspecting by prisoners, 553 How may be used by prisoner's counsel, so as not to give reply to prosecutor, id. DEPUTY, Lieutenant, 884 Constable, &c. principal liable for, 125 DESCRIPTION, In indictment, if material, must be proved, 562 DESIGN, 503 DETAINER, Of prisoner in order to fresh indictment, 193, 321 DIFFERENCE IN OPINION, Among justices at sessions, 74, 637, 990; see ADJOURNMENT DIGNITY, From duke to knight, is part of name, 203, 204 How stated in indictment, id. 213. DISCHARGE, Of persons bound over to keep the peace should be at end of sessions, 173 587 Passing prisoners on discharge, 590 Money given to prisoners on discharge, 1040 Fees on, abolished, 590; and see 8 & 9 Vict. c. 114, în Addenda DISCHARGING JURY, If indictment clearly bad, 499 If prisoner or juror ill or insane, witness absent, &c. 475, 568 DISCOUNTING BILL, 286, 287; see EMBEZLLEMENT DISJUNCTIVE, In indictment, 218 DISOBEDIENCE, To statute, when indictable, 223, 310 DISORDERLY HOUSE; see NUISANCE Wife indictable alone, as well as with husband, for keeping, 423 Costs of prosecuting, 978 DISPENSATION, By king prevented, 988 DISSENTERS, see MARRIAGE (Settlement BY), Certifying places of worship to archdeacon's court or bishop, and registering Preachers to take oath, id. May insist on registry, &c. as matter of right, id. Form of indictment for disturbing in worship, 390 DISTRESS, "Levy under" is the ground of complaint, 624 Effect of paying rent by, 818 Rescue of, indictable, and forms of indictment; see tit. ESCAPE AND RESCUE DISTRICT BOARDS, 216 DISTRINGAS; see OUTLAWRY DISTURBING, Worship of protestant dissenters, 390, 391 DIVISIBLE, Averments in indictment, 500, 571, 218, 223 DIVISIONS OF COUNTIES, For special sessions, 18-21 What are properly such, 15 Altering, 18-21; see SPECIAL SESSIONS Same limits may be fixed to them as to poor law unions, 21 DOG STEALING, 917; see new act in Addenda Stealing, 254 ELECTION, By prosecutor out of several felonies charged, 512, 300; see 169, 171 In cases of improper joinder of counts discovered after jury charged, 191, 300 EMANCIPATION OF CHILDREN, 762 EMBEZZLEMENT, What is, 288 Venue in, 183, 290 Particulars of charge, delivering to prisoner, 284 By persons in public service, 285 FELONIOUS, viz. by clerks and servants, Distinction between larceny and embezzlement, 284 Provision of 7 & 8 G. IV. c. 29, s. 47, id. Circumstances of employment, &c. necessary to constitute a felonious em- Prisoner must be "clerk or servant" in fact, though employed occasionally Provisions as to indictments for, 285-290 Form of indictment for, 291 Charging three acts of embezzlement committed within six months of each Particular of acts intended to be relied on should be delivered to defendant, Count to be added for larceny at common law, 292 If the money embezzled was ever even constructively in possession of the NOT AMOUNTING TO FELONY, 1. Misdemeanour at common law, 361. 2. Embezzlement by bankers, attornies, and agents made a misdemeanour The act shall not extend to trustees or mortgagees, bankers, or agents, 363 Enactment as to factors pledging fraudulently, id. Proviso, that the act shall not extend to party disclosing his guilt on com. Form of indictment against an agent for embezzling money and securities EMPLOYMENT; see EMBEZZLEMENT How differs from office; see SETTLEMENT BY OFFICE ENCROACHMENTS, On highways; see HIGHWAYS ENDEAVOURING, 373; see ATTEMPT ENGROSSING; see FORESTALLING ENTERING AND RESPITING, Appeal in general, 640; see ADJOURNMENT, POOR'S RATE Writ of, lies after judgment, so not on summary conviction, 589, 948 Lies where, though the offence is laid in the words of an act, the indictment is Reversing judgment of quarter sessions on, for excess of punishment, 577, or Queen's bench has not general jurisdiction over sessions in, where writ of ERROR-continued. Writ of, to reverse judgment of sessions is directed to justices, 78 ESCAPE AND RESCUE, Escape from lawful custody when indictable, 364 Distinguished from breach of prison, 365 Escapes permitted by officers, id. Rescue by third persons, id. Enactments against attempts to escape which are unsuccessful, 366 means of escape into prisons, 367 Escape after sentence of transportation, id. Rescue of distress and pound breach, id. Indictment for, and evidence relating to, 368; see 161 Forms of indictment against, Constable for negligently permitting a person, arrested by a warrant on a Two persons for rescuing from a constable persons in his custody for an For rescuing goods distrained for rent, 370 For assaulting bailiff, and rescuing goods of a lodger distrained for rent of a For rescuing cattle taken damage feasant before impounding, 371 For rescuing cattle from a pound taken damage feasant, and pound breach, For rescuing cattle distrained by hayward of a manor while damage feasant ESQUIRE, 204 ESTATE, SETTLEMENT BY, Law as to; see SETTLEMENT OF POOR ESTOPPEL, By judgment of quarter sessions on appeal, 851-854 ESTREATS, Can only be of fines, &c. imposed out of quarter session, and of such forfeited Verifying return of, to exchequer, 110, 111 Only quarter sessions can relieve against recognizances forfeited at quarter Of recognizance given on articles of peace exhibited, for not appearing, 605; EVIDENCE; see TRIAL, WITNESS What allegations in indictment require to be supported by, 500 Indictment for felony may be supported by proof of another and minor felony, What averments, as time, local description, &c., require proof, 501 When it suffices to prove one of two things charged, 502 Variance between matter of description and proof, when fatal, id. Affirmative must be proved by prosecutor, id. But negative need not, if the affirmative is in defendant's knowledge, 503 Quantity of proof requisite to sustain a charge, id. Single witness sufficient, id. Confession may suffice, id. Degree of proof-how far evidence of accomplice requires corroboration, 504 EVIDENCE-continued. Kind of proof necessary to sustain a charge, 505 Confessions before magistrates, how to be taken, and when admissible, How taken down, signed, and cautioning prisoner, 506 How proved in evidence, if in writing or not, 507 Confessions made to persons, not being magistrates, when admissible and Inducement to confess, 509, 510 Confessions only evidence against party making them, exception, 510 Confining evidence to a single felony, viz. election by prosecutor of felony on Failures of justice from misapprehension of rule as to, 512 Rule that evidence must be relevant to issue, id. Proof of one felony may embrace other offences, id. More than one indictment against same party, 513 Evidence of other utterings of bad coin to prove guilty knowledge, 514 Meaning of rule, id. What evidence of loss of document, &c., is necessary to let in secondary evidence, 516 No degrees in it, 515 Notice to produce, 516 Hearsay never admissible, 517 Recent complaint, id. Dying declarations, 518 Previous declarations of the witness, id. Existing documentary evidence, Statutes, how proved, 518, and Addenda Poor-law commissioners, rules, orders, and regulations of, 519 Proclamations, addresses, and articles of war, id. Records of quarter sessions and other queen's courts, id. Terriers, 521 Ancient maps, 522 Awards under inclosure acts, id. Corporation books, id. Registers, parochial and dissenters', id. Heralds' books, inscriptions, &c., 523 Sentence of spiritual court, id. Depositions in criminal cases, 523-525 Examination of pauper, as to settlement, and herein of soldiers, &c., 525 Of a soldier, militiaman, marine, &c. 526 Of a prisoner, id. Certificate of a pauper's chargeability, 527 Copy of order, minute, &c. of board of poor law guardians, id. Oaths and affidavits in courts of justice, and voluntary, id. Ancient deeds, 528 Copies of deeds, when admissible, 529 Private writings not under seal, proof of handwriting, id. Comparison of hands, 529, 530 Necessity of stamps on documents, 530 Competency of witnesses, calling and examining witnesses; see WITNESS |