EVIDENCE-continued.

To contradict or discredit witnesses, 561

To character of party accused, 563

Evidence for prosecutor in reply to that for the accused, 564

Written agreement shown on cross examination to exist, must be produced by
the party who called the witness in chief; see AGREEMENT

EXAMINATION; see DEPOSITIONS, REMOVAL (order of), WITNESS
Of pauper as to settlement not evidence, 525

Except in case of soldier, 526

Of prisoner, when read, and how proved on criminal trial; see CONFESSION,
EVIDENCE

Of prisoner, when evidence as to settlement, 526, 527

Of pauper, upon removal, how taken and sent to parish of his settlement, 734
Of deceased mother of bastard, 524, see 1022

Of witness before magistrate, cannot be read or used before grand jury, 174

EXCEED,

Not exceeding" 891

EXCHANGE,

When larceny, 243

EXCISE,

Licence for selling liquors and beer, &c. on premises; see ALEHOUSE
EXCOMMUNICATION,

Does not incapacitate witness; see WITNESS

EXECUTION,

Describing ownership of goods taken in, 256

EXECUTORS AND ADMINISTRATORS, 217, 247; see LARCENY

EXETER,

Trying offences in, 163

EXHIBITING,

Lights, 207

EXTORTION; see OFFICE

EXTRA PAROCHIAL PLACE,

Removal to or from, 717, 712

EXTRACTS, 550, 817

FAC SIMILE, 219, 227

FACTS, sessions are judges of; see GENERAl Quarter SESSIONS

FALSEHOOD OR PRETENCES, 312, 326; see CHEAT AND FALSE PRETENCES

FALSE ACCOUNT, ENTRY, &c. 288; see EMBEZZLEMENT

FAMILY, 931

FATHER AND SON, &c.

Same names of, 214

Son serving as juror for father, which last was called, 492

FEAR; see ABDUCTION,

Stealing accompanied with putting in fear, 267

FEES,

Of justices' clerks, 91

Of clerk of the peace; see CLERK OF THE PEACE
Of coroner; see CORONER

FEES-continued.

On discharge, in felony or misdemeanour, abolished, 154 and see 7 & S V
c. 114, in Addenda

On discharge, after acquittal on traverse, 591; see id.

FELONIOUSLY,

When requisite to indictment, 195, 196; see EMBEZZLEMENT

Fatal, if inserted in indictment for obtaining goods by false pretences, 333, qy.
see 578

Rejecting, as surplusage, 578

FELONY; see ATTAINDER, LARCENY,

In point of law several felonies may be charged in one indictment, 189; see
ELECTION

Should not be charged jointly with misdemeanours, 189, 190

Definition of, 234

What kinds prosecuted at sessions, 157, 303, 235

Party charged with may be convicted of a minor felony, but not of a misde-
meanour, (except of assault by 7 W. IV. & 1 V. c. 85,) 500, 321, 583
Several felonies may be shown if necessary to the history of one, 513

Semb. after demurrer held against defendant in a felony not capital, prisoner
cannot plead over, 458; see DEMURRER

General punishment for, where none specially provided, 580, 365

Order of trial of felonies and misdemeanours, 473

FEME SOLE,

Using maiden name in indictment after her marriage, 217

FENCES,

Stealing, ripping, &c. metal fixed to private property or as fence for dwelling
house, garden, area, street, square, &c. 270, 272

Summary punishment for stealing or cutting, &c. with intent to steal, 275
Conviction for destroying, where deer are kept, 917

FERÆ NATURÆ, 238; see INDICTMENT, LARCENY

FERRETS, 238

FERRY, 805

FIGURES,

Not used in indictments, 226

FILLING UP,

Printed form of notice, 631

FINALLY DETERMINED, 628

FINDING,

When the detainer of goods found constitutes larceny, 239

FINES AND PENALTIES,

Justices to pay over to sheriff before Michaelmas session, and send account of
to clerk of the peace, when; see JUSTICES

FINE,

Judgment of paying, in misdemeanour, 587

Joint award of one fine against several defendants bad, 921, 589; see 892
Except of necessity, as where a vill is fined, 101

Levying fines imposed at sessions, 589

FIRE,

Setting, to stack of beans, 501

Fireworks, 421

FISH AND FISHERY; see ANGLING

Offences relating to, under 7 & 8 G. IV. c. 29, 373

FISH AND FISHERY-continued.

Indictments for,

Taking fish in water adjoining or belonging to a dwelling-house, 374
Breaking dam of fish-pond, 374

Putting lime into it, 375

Forms of convictions for,

Taking fish in water not adjoining a dwelling-house, 918

Angling in water adjoining the dwelling-house, 919

Angling in water not adjoining a dwelling-house, 920

Rating fishery, 674

Conviction for fishing in fishery, 880

FIXTURE,

Stealing, 270-272; see 239

Stealing by lodger from lodging, 282

FLYING for it, found in old trials of felony, 583, 591

FORCE,

Continuing, effect of, as to venue, 161

FORCIBLE ENTRY AND DETAINER,

Offence at common law, 375

Offence by statute, 376

Detainer may be forcible, if entry, though not so, was unlawful, id.
Amount of force requisite to establish, 377

No distinction between degree of force requisite to sustain an indictment for,
at common law, and by statute, id.

"With strong hand," 376

Restitution can only be had on indictment under the statutes, 377

A colourable title to the possession in prosecutor will suffice, id.

In prosecution on the statutes, the prosecutor is now a competent witness, 542
Regaining possession to which a party is entitled, 378

By wife on husband's premises, id. n.

Forms of indictment for,

Forcible entry and detainer at common law, 379

Forcible entry into freehold premises under 5 R. II. c. 8, id.

Under 21 Jac. I. c. 15, for entry into leasehold or other premises, 380

Form of conviction on 8 H. VI. c. 9, for forcible entry and detainer of pre-
mises on view by justices, 920

FOREIGNER; see SETTLEMENT BY PARENTAGE

FOREST, 280

FORESTALLING, 380

FORFEITURE,

Of felons, personalty, rights, &c., 577, 992

FORGERY,

Not cognizable by sessions, 158

Of a promissory note for less than 20s., 329

Forged request for delivery of goods distinguished from forged order for pay-

ing vagrant's expenses, 330

FORM; see SPECIAL ENTRY

FORM IN STATUTE,

When imperative, 28, 907

FORTHWITH, 318, 629, 641, 644, 906

FOUNDLING HOSPITAL; see SETTLEMENT BY PARENTAGE
FRAUD,

A fact to be found by sessions, 938, 939, 944; see SPECIAL CASE

FRAUDS,

In the way of trade, indicting, 312; see CHEAT
FRAUDULENT REMOVAL,

Of goods by tenants, 869; see DISTRESS

FREE

Freehold, stealing things annexed to, 239-272
Free warren or chase, 382

FRESH,

Bill against prisoner, 321

Taking, 245; see ESCAPE

FRIENDLY AND LOAN SOCIETIES,

Property of friendly society how laid in indictment for larceny, 216
Sessions power over friendly and loan societies, 1037

FRIVOLOUS AND VEXATIOUS,

Defence to indictment for not repairing highway, 406, 408

FROM AND TO, 401

FROM AND THROUGH, id.

FRUIT; see VEGETABLES

FRUIT TREES, young, 276

GALLIES, 593, n.

GAME,

Stealing tame partridges, &c., 457

First offence in unlawfully being in land at night with an engine for destroying
game or rabbits subject to three months' imprisonment on conviction before
two justices, 381

Second offence, six months, id.

Third offence, misdemeanour, punishable (by quarter sessions) with transport-
ation, 382

Same law as to unlawfully taking game or rabbits on public road or path or
its sides, or outlets, or gates opening into it, 384, 387

Power of apprehending offenders, and punishment of resistance, 382

Former convictions, how proved, id.

Meaning of the terms "night," and "game," in the act, 383

Offence where three or more go together at night, any of them being armed,
cannot be tried at sessions, id.

All prosecutions to be within twelve months, id.

Gamekeeper may apprehend poacher without giving notice of his purpose, 386,
387

Form of indictment at sessions,

For taking game or rabbits by night, after two convictions, or in entering land
with gun, net, or engine, for purpose of destroying game, id.

For assaulting owner, occupier, yamekeeper, or servant, &c., 385
Where defendant escaped from the land and was pursued, id.
Killing hares and conies in the night time in breeding grounds, 387
Form of indictment for, 388

Precedents of summary convictions for offences relating to,

For a first offence, under 9 G. IV. c. 69, in being in a close at night with
an engine to destroy game, 924

For a second offence under same section, 925

For third offence on 7 & 8 G. IV. c. 29, s. 30, for taking hares or conies in
breeding grounds in the day-time, id.

On same section, for setting snares for taking hares or conies in warrens or
breeding grounds, 926

For trespassing on land in pursuit of game or woodcocks, &c. 926

GAME-continued.

For killing game without a certificate, 927

For using a dog, gun, &c. for killing game without certificate, id. see. 929
For trespassing on extra-parochial waste of a manor in pursuit of conies,

928

No certiorari lies to remove convictions, &c. on Game Act (1 & 2 W. IV.
c. 32), 929

Charge in information on Game Act for trespass need not be on oath of in-
former or prosecutor, 926

GAMEKEEPER,

Form of indictment for assaulting; see ASSAULT

GAMING,

Form of indictment for assault on account of; see Assault

GAMING HOUSES, 217, 427, et seq.; see NUISANCE

GAOL AND GAOLER; see BOROUGH GAOLS, ESCAPE AND RESCUE, HOUSE
OF CORRECTION

Duty of, to attend sessions, and when there, 118

Journal to be kept by, and produced at sessions, id.

To make report of actual state of prisons at sessions, and answer enquiries, 118
Certificate as to compliance with prison rules to be declared by, at sessions,
119

Yearly return by, of state of prison, id.

Must send calendar of prisoners, and their sentences, to secretary of state after
each session, 119

Must deliver to sessions calendar of his prisoners in house of correction, 120
Power of, in house of correction, as gaol, id.

Salary and annuity to, when superannuated, 1016

Gaol sessions; see BOROUGH (GAOLS)

Duties of quarter sessions as to, 1038

GARDEN; see VEGETABLES

GAS WORKS, RATING; see POOR'S RATE

GATE; see FENCES, CURTILAGE

GELDING, 223

GENDER, 222, 223

GENERAL ANNUAL LICENSING MEETING; see ALEHOUSE

GENERAL ISSUE,

Justice justifying under; see JUSTICE

GENERAL SESSIONS OF THE PEACE; see GENERAL quarter SESSION
Definition of, 64, 61, 71

Are, in common parlance, same as quarter sessions, 71

Only kind of, usually holden, is general quarter sessions, except in Middlesex,
61

Original intermediate general session in Middlesex, 61, 62

By whom and how convened,

Adjourning, id.

62

Precept to sheriff necessary, 62, 63

Form of precept, 68

But if parties attend, though without precept, proceedings valid, 63

Precept for, can only be superseded by writ out of chancery, id.

Whether two general sessions may be holden in a county at the same time, id.
Consequences of improperly multiplying, id.