PETTY SESSION-continued. Advocates at, 13 Preliminary inquiry at, may be private; but not if justices sit to adjudicate, 12 Appointing overseers of poor at, 13 Must hear a case through, 14 Often confounded with special session, 15, 16, 132 Special petty session for correcting jury lists, 132; see JURORS Clerk to, 14 Appeal from, 23 Meaning of "petty sessions division" in boroughs, 1003 PILLORY, Abolished, 79 PIPE, 272 PLACE; see VENUE Alleging in indictment, 249, 209 Proving, if essence of offence, 501 PLANTS; see VEGETABLE PLAYERS; see THEATRES PLEADERS, 151; see BARRISTER PLEAS TO INDICTMENTS, General nature of, and distinction from demurrers, 457 In abatement, Now rendered useless by power of court to amend, 459, 206 PLURAL, Charges in, in indictment, are borne out by proof in singular, 500 POLICE MAGISTRATE, Made equal to two other justices, 614; Addendum to p. 692 POLLING PLACES, At county elections fixed by quarter sessions, 1045 POOR-LAW, Commissioners; see INDICTMENT Indictment against auditor of poor-law union for not accounting, 1 P. & D. 319 POOR'S-RATE, No certiorari lies to remove, 954 Manner in which rates must be made, 691, 692 Allowance of rates by justices, 692 Publication of rates, id. No form of notice of allowance of rate, 693 Appeal against, to quarter sessions, Given by 43 El. c. 2, s. 6, 660 POOR'S-RATE-continued. Extended by 17 G. II. c. 38, s. 4, 660 To what quarter sessions in respect of place and time, 661 Lodging it at adjourned general sessions, id. Publication, 662 When adjourned for want of reasonable notice, 663 Notice of, requisite, before hearing, though not before entering the appeal, Requisites of notice, and of grounds of appeal, 664 Form of such notice of appeal, 665 Several parties grieved may join in notice, 664 Time of giving notice, id. How notice served and waiver of it, id. Grounds of appeal against poor-rate, 667 To special sessions by 6 & 7 W. IV. c. 96; not ousting appeal to quarter Test of law on subject is 43 El. c. 2, s. 1, 667 Rates in parishes, containing boroughs corporate not co-extensive with the Persons by whom rate may be made, 668, 669 Purposes for which it may be made, and may and may not be applied, 669, 704 Void, if made by other than overseers, 669 Rate can only be made in terms for relief of the poor, id. How collected, pending appeal against it, 670, 671 Prospective rate good, 671 Bad, if for reimbursing overseer's expenditure of former year, id. 692 Or if made as a standing rate, i. e. for more than six months, or concurrently Division of subject in text :- Subjects in respect of which assessment to poor's rate may be made, 671 What is rateable as "land," 672 All buildings rateable, id. But easements and profits à prendre as right of common or way, tolls, and Rents not rateable, and why, id. Portions of ore raised from mine, when rateable, id. Canals, how rateable, in respect of their tolls, 673, 680, 681, 683 Improved river navigations, how far rateable, 673 Dam, lock or sluice, id. Fisheries, when rateable, 674 Palaces, royal parks, barracks, meeting-houses, pews, cemeteries, &c., id. How lands and houses must be occupied to render them rateable, House wholly unoccupied not rateable, 674 Nor buildings devoted to public purposes, as palaces, churches, barracks, Principle of exemption from rate, 677~ Lunatic asylum, 678 Rateability always attaches on benefical occupation, 675 Who rateable, where the property is public, but a profit is produced to the Fact of occupation is for sessions to decide, id. Corporate property, rating, 676 On what principle and in what manner lands and houses are to be rated in POOR'S RATE-continned. Mineral spring, 679, 680 Basin inclosing spring of New River, 679 Weighing machine, billiard-table, canteen in barracks, personal chattels, or Gas or water works, pipes, railways, &c., 680–684 Rate should be assessed on what sum, 681 Not on their profits or gross amount of receipts, minus expenses, but on net Actual rent paid, a criterion, 684 Survey and new valuation of parish under parochial assessment act, 6 & 7 W. Other subject matters of rating for which parties liable by 43 El. c. 3, to be rated as inhabitants," Stock in trade, farming stock, and other personalty, 690 In what place property, real or personal, is to be rated, id. Stratum of coal worked, or bridge being in two parishes, id. Lighthouse, id. Ships at port of registry, id. Manner in which rates must be made, allowed and published, 691-693 Sessions to decide whether landlord or tenant was intended to be rated, 937 At special sessions, 50 At quarter sessions, 51 Several rates may be included in one appeal, 694 Proving service of notice of appeal is condition precedent to hearing, id. Putting rate in evidence, 695 Notice to parish officers to produce it, 696 Right of parishioner to have copies of, id. Parishioners are competent witnesses, id. Amending by altering rates of third persons, 697 Decision of sessions for amending or quashing rate, id. Costs of appeal against, 698; and see COSTS Regaining possession of land or goods, to which party is lawfully entitled, 378 POST OFFICE, Order or mark; see EVIDENCE, Letter Uttering or counterfeiting it; see FALSE PRETENCES Instances of permitting notices to be sent by, 17, 19, 735 POSTPONEMENT OF TRIAL, By traverse; see TRAVERSE By power of the court, suo motu, 472 Court may postpone the preferring a bill, 467 By special application of prosecutor or accused, on grounds enumerated, 468, POSTPONEMENT OF TRIAL-continued. Commonly granted for absence of material witness, 468, 640, 151 Notice of moving for, 468 Where some defendants do not traverse, 472; see TRAVERSE Costs of the day when granted after; see COSTS In criminal cases, id. In cases of appeal; see APPEAL IN GENERAL, COSTS, REMOVAL Affidavit of defendant and his attorney to support, 470 Affidavit of medical attendant of illness, 472 Notice of application, id. POUND-BREACH; see ESCAPE AND RESCUE Indictable at common law, 367 Forms of indictment for, 372 Is recognized by court above, 656 But will not bind a party to give notice of appeal, if not required by law, 630, As to "reasonable time" by, for giving notice of appeal, 630 When will be controlled by queen's bench, 656-658 Probable test of its validity, 658 Time prescribed by statute for giving notice of appeal cannot be infringed by, Rule of, if requiring a particular notice of trying a respited appeal, will (with Time for entering appeal at sessions, is fixed by, 638 As to beginning by either side when upheld, 643; see 694 As to prefacing evidence by an address, or reserving it till after evidence given, If it allows time enough to enter and try appeal against order of removal at the next sessions, it may be tried at those sessions, 740 As to filing original order of removal discussed, 848 Changes in, discouraged, 656 PRECEPT, For summoning special sessions, 16 General sessions, 62 General quarter sessions, 63 PREFERRED, 407 PRESCRIPTION, May be proved by vivá voce evidence, 399 PRESENCE AT CRIME, 189; see PRINCIPAL PRESENTMENT, By grand jury, form, 232 By justice of the peace, of road or bridge out of repair, abolished, id. PRETENCES; see CHEAT, WITCHCRAFT PREVIOUS CONVICTION FOR FELONY; CONVICTION (Previous) PRINCIPAL, In first and second degree, 292, 293, 296 Punishing principal in second degree, 298 In second degree, is being present aiding and abetting, 292; see 297 PRINTED FORM, Filling up, 631 PRISON, What, 364 Breaking, id. Rules for governing prisons laid before sessions; see CLERK OF PEACE, PRISONER, His right to copy or sight of depositions; see DEPOSITIONS Discharging, on bill thrown out, 596, 185 No fees due from, on discharge, 590 Returning him at trial money taken from him, 474 Old county allowances to prisoners in King's Bench and Marshalsea, 1032 PROBABLE CONSEQUENCE OF ACT, 424 PROCEDENDO; see CERTIORARI Penalty implies a prohibition, 311 PROOF, Parts of charge which require, 500 Of minor charge, or one of several intents, or of one of several larcenies, laid PROPERTY, In things embezzled, how laid in indictment; see Embezzlement (FeLONIOUS) PROSECUTION, Commencement of, 382 Taking up, by fresh prosecutor, after discontinued by first, 423, 425 This term in a statute includes appeals, R. v. Surrey (Jus.), 5 Ad. & E. 701, n. Calling every witness of the subject matter of, 514 PROSECUTOR, Who, 935 By what mode he must proceed at sessions, 139 Any person may become, id. 187 Death of, does not abate proceedings, 139 How bound by recognizance to prosecute and give evidence, id.; see RECOG- NIZANCE His attendance to do so, 174 Not entitled to address the jury in support of his prosecution, 151, 152 How called on his recognizances to prosecute and give evidence, 173 Ascertaining who he is, 971 Entitled to certiorari, notwithstanding act taking it away, at least in penal Costs to, if party grieved where indictment removed by certiorari, 970, 971; Electing on which charge to proceed; see ELECTION PUBLIC, More than parochial, 402 |