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TAKING,

in larceny, 587, et seq. See Larceny.
in piracy, 835.

in robbery, 893.
TALLY,

larceny of, 624.
TENNANTS IN COMMON,

no larceny by, 635.
property of, how laid, id.
TENOR,

effect of the word, 511, 820.
TERMINI,

of highways, proof of, 556.
TERRIER,

ancient proof of, 206.
THOROUGHFARE,

whether it can be a highway, 564.
THREATS,
under confession inadmissible, 39..
must proceed from person having power,

39, 47.
what amounts to a threat, id.
must have reference to temporal object,

41.
where the inducement held to have ceased,

43.

STEALING. See Larceny.
in a dwelling-house to the value of 51., 430.

any person being put in bodily fear, 434.
in a building within the curtilage, 435.
in a shop, 917.
from the person, 605.
from vessels in port, &c., 627.
distinction between stealing and receiving,

871.
in a church, 915.
STEAM-ENGINE,

used in mine, maliciously damaging, 672.
death caused by, 713.
regulations respecting, when nuisances,

794.
STEAM-VESSEL,

when captain guilty of manslaughter, 713.
STOCK. See Funds.
STORES,

naval or military, embezzling, 456.
STRANGLE,

attempt to, 777.
STRAW,
setting fire to stack of, 282.

construction of the word, 283.
STREET,

nuisances in, 567. See Highways.
SUBJECTION

to power of others. See Coercion.
SUBPENA,
to compel the attendance of witnesses, 116.

whence issued, id.
duces tecum, effect of, 117.
how served, id.
where witness is in different part of the

United Kingdom, id.
for prisoner, 118.

consequences of neglect to obey, id.
SUBORNATION OF PERJURY,

proof of the indictment, 830.

proof of the taking of the false oath, id.
SUFFOCATE,

attempt to, 777.
SUNDAY,

process cannot be served on, 757.
SURGEON,

liable for mala praxis, 717, 720.
SURPLUSAGE,
what descriptive averments may be re-

jected as, 102.
in stating addition to name of prosecutor,

106.
in use of words not used by statute, 503.
means of wounding on indictment for mali-

cious injury, 783.
SURROGATE,

proof of acting as, 808.

false oath before, not perjury, 812.
SUSPICION,
of felony, arresting on, 743, et seq.
justification of violence in defence of

dwelling-house, 766, 770.
SWANS,

stealing of, 630.
SWINDLING. See Cheating. False Pretences.

where held not to have ceased, 44.
evidence of other threats by prisoner, 96.
evidence of handwriting to threatening

letter, 209.
compelling a person by, to kill himself,

murder, 701.
of accusing person of unnatural practices,

when sufficient to make such a putting

in fear constitute robbery, 903 to 913.
threatening to accuse of an abominable

crime, statute 7 Wm. 4 and 1 Vict. c. 87,

8. 4, 909.
demanding money with menaces, 927.
statute 7 Wm. 4 and 1 Vict. c. 87, s. 7,

id.
proof of the demand, id.
proof of the threat or force, 928.
proof of the intent, id.

proof of the thing demanded, id.
threatening letters demanding money,

&c., 930.
statute 7 & 8 Geo. 4, c. 29, id.
proof of the sending or delivering of the

letter, 931.
proof of the nature of the letter or

writing—the demand, 932.
proof of the thing demanded, 933.
accusing of murder, 934.

statute 4 Geo. 4, c. 54, id.
proof of the sending of the letter, 935.
proof of the letter threatening to kill or

murder, id.
accusing of infamous crimes, &c., 937.

statute 7 and 8 Geo. 4, c. 29, id.
proof of the accusing, 938.
proof of the nature of the accusation, id.
proof of the view or intent, id.
proof of the thing intended to be ex-

torted, 939.
THRESHING MACHINES,
malicious injuries to, 679.

TACKLE. See Machinery.

TIME,

TURNPIKES,
variance in averments as to, 109.

goods belonging to trustees of, how de-
TOLLS,

scribed in larceny, 642.
effect of, with regard to repairs of bridges, maliciously throwing down gates, &c. 674.

333.
maliciously destroying toll-house, 674. UNDERWOOD,
TOOLS,

maliciously destroying, 674.
coining tools, offences relating to, 400. UNDERWRITERS,

conveying to prisoner, to assist escape, 707. destroying ships, with intend to defraud,
TOWING PATH,

676.
a public highway, 562.

UNKNOWN
TOWNSHIP,

statement of stealing goods of a person an-
may be liable to repair a bridge, 332, 333. known, 640.
evidence in defence by, 336.

murder of child whose name is unknown,
may be liable to repair a highway, 574.

696.
former convictions against, when evidence statement of receiving goods from persons
of liability, 577.

unknown, 869.
TRADE,

UNLAWFUL ASSEMBLY,
conspiracies affecting, 409.

what constitutes, 888.
to injure an individual in his trade, 413. UNLAWFUL COMBINATIONS,
forgeries affecting, 550.

UNNATURAL PRACTICES-See Sodomy.
what trades are a nuisance, 791, 764. threat to accuse of, a sufficient putting in
with pirates, 833.

fear in robbery, 903, to 913.
TRADING,

UTTERING,
proof of, 300.

counterfeit coin, 391.
TRANSPORTATION,

simple uttering, 392.
returning from, 939.

compound offence, 393.
TRAP-DOOR,

what makes a joint uttering, id.
opening of a, breaking in burglary, 341. forged instruments, 502.
TRAVERSE,

disposing, or putting off, 503.
in general, 228.

what constitutes principals in, 514.
in misdemeanors, id.
at the central criminal court or Middlesex VALUABLE SECURITY,
sessions, not allowed, 231.

what comprised under the term, 624.
in coining, 400.

paid reissuable bankers notes, whether,
TREASON,

626.
hearsay, when admissible, 23.

incomplete bill not a valuable security, id.
depositions under statute, not admissible VALUE,
in, 70.

proof of in indictments in general, 113.
proof of overt act, not laid in indictment, in prosecution against bankrupt for con-
81.

cealing his effects, 307.
acts and declarations of traitors, when proof of value of goods in stealing in
admissible, 85.

dwelling-house above 51., 431.
collateral declarations of prisoner, when of the thing stolen in larceny, 633.
admissible, 96.

in robbery, 893.
whether wife a competent witness, 150. VARIANCE. See Issue.
TREES,

in divisible averments, 99, et seq.
malicious injuries to, 674.

in descriptive averments, 102, et seq.
above the value of 11. in parks, &c. id. in averments as to time, 109.
above the value of 18. elsewhere, 675.

as to place, 110.
plants, &c. in gardens, id.

as to value, 113.
TRESPASS,

in arson, 275, 276.
conspiracy to commit, not indictable, 413. in statement of intent in burglary, 366.
goods taken by, not larceny, 590.

in proof of putting off counterfeit coin, 395.
degree of violence justifiable in resisting a in statement of ownership of dwelling.
trespasser, 769.

house, 433.
TRIAL,

in statement of forging, 502.
postponement of, to instruct infant witness, of forged instrument, 511.
126.

in transposing stamp, 549.
but not an adult, id.

in indictment for night poaching, 555, 556.
refusal to plead at 225.

in statement of highway, 566.
plea of not guilty, puts party. on, 231. in statement of mode of killing in murder,
postponing, 226.

706.
at assizes of, indictment found at sessions, in statement of authority to administer
241.

oath, 810.
partial, change of venue on account of, in statement of substance of matter sworn,
241, 260.

814, 815.

VARIANCE_continued.

WALLS,
in introductory averments in perjury, 820. breaking of, in burglary, 313.
VEGETABLES,

WAREHOUSE,
in gardens, malicious injuries to, 675. demolishing of, 886.
VENUE,

breaking and stealing in, 918.
in case of trial of accessaries before the WAREHOUSED GOODS,
fact, 218.

.embezzling, 457.
after the fact, 221.

WAREHOUSEMAN,
offences committed on boundaries of coun- larceny by, 598.

ties, or partly in one county and partly WARRANT,
in another, 251.

for payment of money, forgery of, 521, et
offences committed in detached parts of seq. stealing of, 624.
counties, 252.

when peace officer or private person may
offences committed on persons or property arrest without warrant, 743, et seq.

in coaches employed on journeys, or proof of, 750.

vessels on inland navigation, 253. regularity of, id.
offences committed in the county of a city, blank warrants, 751.
or town corporate, id.

whether necessary before breaking open
offences committed in Wales, 255.

door to suppress an affray, 758.
offences committed at sea, or within the of attorney. See Power of Attorney.
admiralty jurisdiction, id.

WARRANTY,
offences against excise, customs, stamps, when it amounts to a false pretence, 469.
&c. 258.

WARREN,
want of proper venue when cured, 259. taking or killing hares, &c. in, 553.
change of, 260.

WASHERWOMAN,
in abduction, 263.

property may be laid in, in larceny, 637.
in bigamy, 324.

WEAPON,
in not repairing bridges, 336.

uses of deadly weapon in cases of mutual
in challenging to fight, 378.

combat, 737, et seq.
in coining, 402.

in other cases, 769.
in conspiracy, 421.

against trespassers, id.
in escape, 458.

offensive, what shall be deemed, 558.
in forgery, 516.

WEIGHTS AND MEASURES,
in larceny, 644.

false, cheating by, 380.
in libel, 661.

WIFE. See Husband and Wife.
in murder, abroad, and at sea, 692.

competency of, as a witness, 147, et seq.
in administering unlawful oaths, 802.

See Witness.
in perjury, 813,

not guilty of arson by setting fire to her
in piracy, 255.

husband's house, 281.
in receiving stolen goods, 877.

justification by, in assault, defence of her
in prosecutions respecting smuggling, 924. husband, 291.
VERDICT,

when competent witness in bigamy, 150,
not sufficient to prove witness infamous, 312.
136.

occupation by, occupation of her husband,
proof of, 200.

in burglary, 355.
VESSEL. See Ship.

cannot be convicted of stealing in a dwell-
VIOLENCE,

ing house, in the house of her husband,
proof of, in case of forcible entry, 482.

422.
proof of, in case of riot, 882.

may be convicted of forcible entry on hus-
proof of, in robbery, 892, 898.

band's premises, 484.
VOIRE DIRE,

taking goods of her husband, not larceny,
examination on, 166.

594.
VOLUNTARY ESCAPE,

goods stolen from, must be laid as hus-
proof of, 466.

band's property, 640.
VOTES,

indictable for keeping a gaming-house, 795.
of parliament, stealing by officers of post- or bawdy-house, 796.
office, 839.

witness against husband, in rape, 151.

carnal knowledge of, by a man pretending
WAGER,

to be the husband, not a rape, 860.
did not render a witness incompetent, 140. liability of, on indictment for receiving,
WAGES,

874.
assault in pursuance of conspiracy to raise coercion of, by husband, 955.

WILL,
conspiracies to raise, 410.

proof of, not by parol, 2.
WALES,

forgery of at common law, 488.
venue in case of offences committed in, forgery though party be alive, 497.
255.

of land, with two witnesses only, 502.

wages, 299.

WILL–continued.

in general, 520.
probate not conclusive proof of validity,

id.
destroying or concealing, 623.
WINDOWS,

breaking of, in burglary, 342.
entry through, in burglary, 346.
when peace-officers justified in breaking

through, 757, 758.
WITNESS,

depositions, evidence to contradict, 74.
the number of witnesses requisite, 115.
mode of compelling the attendance of, id.

by recognizance, id.

by subpoena, 116.
mode by habeas corpus ad testificandum,

118.
neglect to obey subpæna, 119.
remuneration of, 120.
witness bound to answer without tender

of expenses, 122.
protection of, 123.
attendance of witnesses before justices, out

of sessions, id.
attendance of, before courts martial, id.
attendance and expenses of medical wit-

nesses, &c., on inquests, 124.
incompetency of, from want of under-

standing, 125.
infants, id.

instruction of, 126.
deaf and dumb, 127.

idiots and lunatics, id.
incompetency from want of religious prin-

ciple, 129.
general rules, id.
form of the oath, 130.
questions as to religious belief, 132.
quakers and moravians, &c., id.
separatists, 133.

persons excommunicated, id.
incompetency from infamy, 134.

abolished by the 6 and 7 Vict. c. 85, id.
what crimes disqualified, 135.
in what manner the conviction must

have been proved, 136.
competency, how restored, id.

by suffering the punishment, id.
by pardon, 137.

by reversal of judgment, 138.
incompetency from interest, 139.
also abolished by the 6 and 7 Vict. c. 85,

id.
nature of the interest in general, id.

rewards, id.

WITNESS_continued.

evidence of either admissible in collateral

proceedings, although it tends to crimi-

nate the other, id.
cases where husband or wife has been

held incompetent, 149.

cases of personal violence, 151.
admissibility of accomplices, 153.

accomplices in general, id.
principal felon, 154.
accomplice, when competent for prisoner,

id.
promise of pardon, 155.
effect of accomplice's evidence, id.

confirmation, 156.

by whom, 159.
situation of accomplice when called as a

witness, id.
examination of, 162.

ordering witnesses out of court, id.
calling all witnesses whose names are on

the indictment, &c., 163.
calling all parties present at any transac-

tion giving rise to a charge of homicide,
164.
recalling and questioning witnesses by

the court, id.
evidence of, cannot be taken in felony

by consent, but in misdemeanor it

may, 165.
at what time objection to competency

must be taken, id.
voire dire, 166.
examination in chief, 167.
cross-examination, 168, 236.
re-examination, 170.
memorandum to refresh witness's memo-

ry, id.

questions subjecting witness to a civil

suit, 171.
to a forfeiture, id.
to penalties or punishment, 171.

whether they may be put, 172.
consequences of answering, 174.
consequences of not answering, id.
objection must be taken by witness

himself, id.
whether a witness is bound to answer

questions tending to degrade, id.
evidence of general character, 177.
when a party may contradict his own

witness, 178.
examination as to belief, 179.

examination as to opinion, id.
credit of, how impeached and supported,

181.
impeached by irrelevant questions in

cross-examination, id.
by irrelevant questions-contradiction

by other witnesses, 182.
proof of former declarations in support

of credit of witness, 184.
privileged communications, 186.

general rule, id.
what persons are privileged-professional

advisers, id.

wager, 140.

prosecutor, when competent, id.

informers, when competent, 142.
inhabitants, when competent, 144.
bail, incompetent, 145.

interest, how removed, 146.
incompetency-husband and wife, 147.

general rule, id.
lawful husband and wife only extends

to, 148.

WITNESS-continued.

WITNESS-continued.
form of oath of professional witness receiving, 877.
claiming the privilege, 188.

WOOLLEN GOODS. See Manufacture.
what matters are privileged, id.

WORDS,
production of deeds, &c., 189.

not a sufficient provocation in homicide,
what matters are not privileged- 725.
matters of fact, id.

WORK MEN,
attorney party to transactions, 191.

assaults and violence by, 299.
what other persons are privileged-

conspiracy by, to raise wages, 410.
grand jurors, 192.

negligence of when amounting to man-
matters before grand jury, id.

slaughter, 711.
judges and jurors, id.

WOUND,
what other matters are privileged - construction of the word in stat. 7 and 8
disclosures by informers, &c., 193.

Geo. 4, c. 30, s. 16, (wounding cattle,)
to whom, id.

375.
official communications, 194.

death caused by wounding, when it amounts
matters of state, id.

to murder, 703, et seq.
where oath of officer has been taken

proof of wounding under the 7 Wm. 4 and
to divulge, 194.

1 Vict. c. 85, 777, 782.
attesting witness, 205.

construction of the word “wound,” in that
when waived, 207.

statute, id.
cross-examination of, as to deposition instrument used immaterial, id.

before the committing magistrate, 236. must be given with some instrument, 783.
endeavouring to persuade from giving instrument need not be stated, id.
evidence, 669.

wound must have been given by prisoner,
competency in particular prosecutions,

id.
in prosecutions of bankruptcy for con-
cealment, 303.

WRECKS,
in bigamy, 148, 150, 312.

stealing from, 627.
in indictment for not repairing bridge,

impeding persons endeavouring to escape
144, 336.

from, 790.
in forcible entry, 142, 485.

WRIT,
in forgery, 516.

proof of, 201.
in indictments respecting highway, WRITTEN INSTRUMENTS. See Parol.
145, 578.

contents of, cannot be proved by parol, 2.
in perjury, 823, 826.

what cases are not within this rule, 3.
number required in perjury, 823.

appointments of persons acting in a public
competency and credibility of, in rape, capacity, 7.
862.

larceny of, 622.

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