COUNTS OF INDICTMENT,

joinder of, offences in, 63-66.
joinder of accused in, 66, 67.
quashing, 81-85.

See INDICTMENT.

COURT FOR THE CONSIDERATION OF CROWN CASES

RESERVED,

when case may be stated, 217.

what points may be reserved for, 218.

powers of, 219.

rules of, 219.

powers as to costs of argument before, 221, 222.

CRIME, definition, 1.

CRIMINAL APPEALS.

See WRIT OF ERROR; COURT FOR CON-

SIDERATION OF CROWN CASES RESERVED; BILL OF EXCEP-
TIONS; NEW TRIAL; VENIRE DE Novo.

CRIMINAL INFORMATION. See INFORMATION.

CROSS-EXAMINATION, 130, 139, 140.

CROWN PROPERTY, how laid, 143.

CUSTOMS PROPERTY, how laid, 61.

DEAF MUTE, arraignment of, 92–96.

DEATH SENTENCE,

when awarded, 169.

recording, 169.

DEBTORS ACT, 1869, subject to Vexatious Indictments Act, 33.

DEFECTS IN INDICTMENTS, 72-85.

when objection must be made,

for formal, 73, 74.

for material, 74, 80-85.

amending, 73, 74.

when cured by verdict, 78–80.

DEFENDANT,

arraignment of, 90-97.

pleas of, 90-116.

discharge on acquittal of, 152, 153.

when entitled to costs. See COSTS.

See TRIAL; JURY; CHARACTER; EVIDENCE.

DEMURRER,

what is, 74.

when it may be pleaded, 74.

forms of, 75, 76.

joinder in, 75.

form of, 75, 76.

effect of judgment on, 76.

when it can be reviewed, 77.

when it should be pleaded, 78.

DEPOSITIONS,

when may be sent before grand jury, 49.

used on trial, 130, 131.

accused entitled to copy of, 55, 56.

DIRECTOR OF PUBLIC PROSECUTIONS, when liable for
costs, 192, 193.

DISCHARGE,

of jury, 145-147.

of accused, 152, 153.

DUPLICITY (in Indictment),

what it is, 63.

when it invalidates, 63.

ground for special demurrer only, 73, 82.

motion to quash, 82.

no ground for motion in arrest of judgment, 159.
writ of error, 210.

EMBEZZLEMENT,

joinder of acts of, 64, 65.

venue in indictment for, 24.

conviction of larceny on trial for, 242.

conviction of, on trial for larceny, 242.

ENGLAND, territorial waters of, 11, 12.

ERROR (Writ of),

definition of, 209.

when it lies, 209, 210.

who may bring, 212.

may be issued to a Colonial Court, 212.

fiat of Attorney-General necessary to obtain, 213.

ERROR (Writ of)—continued.
formal proceedings in, 214.

motion to quash, 214.

when it will be quashed, 215.

effect of failure of Crown to join in, 215.

when plaintiff must be present on argument on, 215.

appeal in, lies to the Court of Appeal, and thence to the House
of Lords, 216.

High Court or Court of Appeal cannot grant costs unless
unsuccessful party is under recognizance, 216, 217.

Costs.

in information, 210, 234.

EVIDENCE (on Trial),

general rule as to prosecution's, 129.

of good character of accused admissible, 133.

of bad character of accused, when admissible, 133, 134, 137.
prosecutrix, when admissible, 136.

witness, when admissible, 130, 139.

proving partiality of witness, when admissible, 139.

of accused, 139, 140.

order in which two or more accused should give, 144.

for defence, 141, 142.

See

when secondary evidence of written documents may be given,
132, 133.

rebutting, when it may be given, 143.

effect of misreception of, 141, 226.

rejection of proper, 226.

amendment of record when variance between indictment and,
147-149.

EXCUSE FOR CRIME, when there is, 7—11.

EXPLOSIVE SUBSTANCES ACT, 1883...13.

venue of offences under, 24.

consent of Attorney-General to prosecution necessary, 48, 81.

FALSE PRETENCES,

offence of obtaining property by, subject to Vexatious Indict-
ments Act, 33.

conviction for, if larceny proved, 242.

FELONY,

participants in, 14—19. See PRINCIPAL AND ACCESSORY.

finding of misdemeanour on charge of, 155, 156.

punishment of, 169-175.

costs of prosecution in cases of, 179, 180.

costs, when payable by prosecutor, 192, 193.

when payable by accused, 188.

compensation, when payable by accused on conviction for, 206.
rewards and compensation, 206–208.

new trial cannot be granted in cases of, 223.

See TRIAL; CHALLENGE TO JURY; PLEAS; COSTS.

oath to juror on trial of, 392.

FINE,

as a common law punishment, 170, 172, 173.

as a statutory punishment, 172.

FIRST OFFENDERS, probation of, 175.

FOREIGN ENLISTMENT ACT, 1870...12.

venue in indictments under, 24.

FOREIGN MARRIAGE ACT, 1892, venue in indictments under,

24.

FORFEITURE,

abolished in treason and felony, 172.
of goods in misprision of treason, 172.

FORGERY, venue in indictments of, 24.

FORMA PAUPERIS,

appearance by prosecutor or accused in, 46.
appeal (by writ of error) in, 214.

FORMS.

See INDICTMENT; DEMURRER; PLEAS; OATH; PRO-
CLAMATION; PRINCIPAL AND ACCESSORY.

FRIENDLY SOCIETY, property of, how laid, 61.

GENERAL ISSUE, 98, 114.

GOODS, Sale of, Act, 1893...201.

GRAND JURY,

oath to, 391.

proceedings before, 48.

sending depositions before, 49.

presentment of same bill twice before same, 53, 54.
finding of bill without jurisdiction of sessions, 54.
oath to be administered to witness before, by, 393.

HABEAS CORPUS ACT, 1679,

bail under, 50.

trial of accused under, 116.

HARD LABOUR, 173, 174. See PUNISHMENT.

HIGH COURT OF JUSTICE,

what is, 2, 41, 42, 225.

trial in, 40.

HIGHWAYS OFFENCES,

special pleas in, 114, 115.

costs in, 183, 186, 187.

HOSTILE WITNESS, 130, 131.

HOUSE OF LORDS, criminal jurisdiction of. See ERROR,

HUSBAND AND WIFE, coercion of wife, 7, 8.

IDENTITY. See INDICTMENT.

IDIOT, criminal responsibility of, 9.

IGNORANCE, as a defence, 8, 9.

IGNORING BILL, by grand jury, 48, 52.

IMPRISONMENT. See PUNISHMENT.

IMPROPER reception or rejection of evidence. See EVIDENCE.

INCITEMENT TO CRIME, a misdemeanour, 5.

INDICTMENT,

definition, 3.

when it lies, 4.

crime:

misprision, 4.

incitement to commit a crime, 4.

agreement to commit a crime, 5.

attempt to commit a crime, 5, 11, 12.

against whom it lies, 11-14.

aliens, 11, 12, 13.

British subjects, 11, 12.

officials, 12, 13.