ABDUCTION—(continued).

a mother retains the guardianship of her child, notwith-
standing her subsequent marriage, 5.

a woman child above twelve and under sixteen contracting
marriage with any person contrary to the statute, for-
feits her property to the next of kin during the life
of such person, by s. 6, 6.

Qu., if also during her own life after his death, 7.
the 4 Geo. 4, c. 76, s. 23, prevents the offending party
from enjoying any benefit from the marriage, ib.
indictment against Wakefield and others for conspiring
to violate both statutes, 7-12.

the facts of the case stated, 15-19.

if the forcible abduction be confined to one county, and
the marriage solemnised in another county, defend-
ant not indictable in either, 14.

the stats. 3 H. 7 and 4 & 5 P. & M., repealed by 9 Geo. 4,
c. 31, s. 1-15.

new provisions introduced by sects. 19 & 20, ib.

Edward Gibbon Wakefield and his brother convicted, 19.
Bill introduced to avoid the marriage, 20.
Observations of the Earl of Eldon, ib.

the marriage of Edward Gibbon Wakefield and Miss Ellen
Turner declared void by act of Parliament, 20.

the act (7 & 8 Geo. 4, c. 66), 21.

ABSENCE OF A WITNESS,

if a trial be postponed on account of, it is in the discretion
of the judge to admit the prisoner to bail, or to detain
him in custody, 250.

ACCOMPLICE,

it is the practice where an accomplice has made a full and
fair confession of the whole truth, to admit him as a
witness for the crown, 38.

in such case, it is the usage to stop the prosecution against
him, ib.

but he is not entitled as of right to a pardon, ib.

the condition is not that he shall convict the prisoner, ib.
nor that he shall give evidence unfavourable to him, ib.
but only that he shall disclose all that he knows, ib.
an accomplice ought not to be prosecuted for another
felony ejusdem generis, which he discloses under a
notion that his previous information had delivered
him from it, 39.

ACCOMPLICE-(continued).

nor for any felony ejusdem generis that he may accidentally
and without any bad design have omitted in his con-
fession, 40.

the practice of admitting accomplices as witnesses is open
to many objections, and only to be justified by neces-
sity, 42.

an accomplice is a competent witness, and may be exam-
ined, if he be willing, though indicted along with
others, provided he be not put upon his trial at the
same time with the others, ib.

so, if he has pleaded guilty, or been separately convicted,
provided judgment has not been pronounced upon
him, ib.

ACQUITTAL,

the acquittal of an insolvent for omitting from his schedule
a part of his effects, is no answer to a charge for
omitting the remainder, 52.

ACQUITTANCE,

The word" acquittance or receipt" is not necessary to con-
stitute an instrument such, if it contain equivalent
words, 181.

held that

--

"£115 10. For the High Constable,
T. H." was a receipt, ib.

ACT OF BANKRUPTCY, (see “ Bankrupt"),

ACT OF GOD,

or an indictment for a misdemeanor, if the defendant be
prevented by the Act of God from taking his trial,
the prosccutor is not entitled to costs, 264.

ACT OF PARLIAMENT,

repealed between the time of committing the offence and
the time of trial, 22.

a party charged with an offence under, not to be put on
trial, 22.

act to declare void the marriage between Ellen Turner and
Edward Gibbon Wakefield, 21.

ACTING TOGETHER,

if several act in concert, they are responsible for each
other's acts, 226.

if done in pursuance of the common intent, ib.

ADULTERER,

if a man kill his wife or the adulterer in the act of adultery,
it is manslaughter, 216.

ADULTERER-(continued).

provided he have ocular inspection of the act, 216.

AFFIRMATION,

persons not within certain statutes cannot give evidence
upon affirmation, 30.

9 Geo. 4, c. 32, enables Quakers and Moravians to affirm,
30.

form of affirmation, ib.

3 & 4 W. 4, c. 29, extends the privilege to persons of the
persuasion of Quakers and Moravians, ib.

form of affirmation, ib.

3 & 4 W. 4, c. 82, extends the privilege to Separatists, 31.
form of affirmation, 32.

1 & 2 Vict. c. 77, extends the privilege to such as have
been Quakers or Moravians and have seceded, 34.

form of affirmation, ib.

the 1 Vict. c. 5, relieves Quakers and Moravians who may
be elected to any corporate office, from the declaration
required by the 2 Geo. 4, c. 17, 34.

ANGER,

the smallest injury done to the person of a man in an
angry, rude, revengeful, or violent manner, is a bat-
tery, 48, n.

ANSWERS,

the answers of the professors of foreign law are received
in the Court of Chancery, not on oath, but on honour,

112.

so, in the Consistory Court, answers to questions addressed
to the tribunal of the Bethden, were received and
acted upon in like manner, ib.

APPROVER,

an approver ought, in general, to be examined before the
witness who is called to confirm him, 35.

case in which three persons were allowed to go before the
grand jury, who were charged upon the coroner's in-
quisition with murder, 36.

approver turning round after giving evidence before the
grand jury, 37.

tried, convicted, and transported for the original offence, ib.
there are three ways which give accomplices a right to a
pardon, first, approvement, 38.

second, persons within 10 & 11 W. 3, s. 5, & 5 Anne,
c. 31, s. 4-38.

APPROVER-(continued).

third persons who come in under the royal faith and
promise, 38.

there is also a practice, where an accomplice has made a
full and fair confession of the whole truth of admitting
him a witness for the crown, 38.

This does not give a legal right to a pardon, ib.

but the usage is, to stop the prosecution against him, ib.
he is considered to have an equitable title to a recom-
mendation to mercy, ib.

a justice of peace has no authority to pardon an of-
fender, ib.

an accomplice is not assured of his pardon, but gives his
evidence in vinculis, 38.

the condition is not that he shall convict the prisoner,
nor that he shall give evidence unfavourable to the
prisoner, 38.

a justice of peace has no authority to select whom he
pleases to pardon or prosecute, 39.

the prosecutor has even a less power, ib.

observations of Lord Mansfield, C. J., in Margaret
Rudd's case, ib.

a person who discovers his accomplices in a felony, under
a promise of favour, ought not to be prosecuted for
another felony ejusdem generis which he disclosed
under an impression that, by his previous inform-
ation, he had delivered himself from the consequences,

38.

in Margaret Rudd's case, the judges expressed their opi-
nion, that an accomplice who has acted a fair and
ingenuous part, and made a full and true inform-
ation, ought not to be prosecuted for his own guilt
so disclosed by him, nor, perhaps, for any other offence
of the same kind which he may, accidentally and with-
out any bad design, have omitted in his confession,
40.

but he cannot, by law, plead it in bar to an indictment
against him, 40.

it can only come before the court by way of application
to put off the trial, to enable him to apply else-
where, 40.

it is no legal objection to a prisoner being tried, that he
has given evidence for the crown in another case,

APPROVER-(continued).

the ancient law of approvement stated, 41.
abolished by 59 Geo. 3, c. 46, ib.

observations of Sir Matthew Hale upon the old law of
approvement, 42.

remarks of Ld. Mansfield upon the modern practice, ib.
is liable to many objections, ib.
justified only by necessity, ib.

accomplices are competent witnesses; but their single tes-
timony seldom sufficient, ib.

is under a strong temptation to commit perjury, if, by
accusing another, he can escape himself, ib.

an accomplice may be a witness for, as well as against, an
accomplice, ib.

an approver should be confirmed, not only in some facts
generally, but in some particularly which affect the
prisoner, 45.

observations upon his testimony, ib.

APPROVEMENT,

the ancient law of, from which the modern practice was
taken, 41.

ARMED,

for the purpose of taking game, in land open or inclosed,
by night, a misdemeanor, 191.

ARSON,

what is a dwelling-house at common law, 46.

an out-house, under the same roof with a dwelling-house,
is a dwelling-house at common law, sufficient to
support an indictment for burglary, 47.

or for arson, 47.

the 7 & 8 Geo. 4, c. 29, s. 13, determines what shall, in
future, be considered a dwelling-house, as regards
the offence of burglary, 45.

but it does not apply to cases of arson, ib.

at common law, if the building adjoined the dwelling-
house, and was occupied therewith, it was sufficient,
47.

though there was no common curtilage, inclosure, or in-
ternal communication, ib.

ASSAULT,

if a party raise up a hand against another, within a dis-
tance capable of striking, the other may strike in his
own defence, 48.