nor for that any person or persons mentioned in the indictment or information is or are designated by a name of office or other descriptive appellation, instead of his, her or their proper name or names; nor for omitting to state the time at which the offence was committed, in any case where time is not of the essence of the offence; nor for stating the time imperfectly; nor for stating the offence to have been committed on a day subsequent to the finding of the indictment or exhibiting the information, or on an impossible day, or on a day that never happened; nor for want of a proper or perfect venue, where the court shall appear by the indictment or information to have had jurisdiction over the offence." 7 G. 4, c. 64, s. 20.

What defects aided by verdict.] "No judgment after verdict upon any indictment or information for any felony or misdemeanor, shall be stayed or reversed for want of a similiter; nor by reason that the jury process has been awarded to a wrong officer upon an insufficient suggestion; nor for any misnomer or misdescription of the officer returning such process, or of any of the jurors; nor because any person has served upon the jury, who has not been returned as a juror by the sheriff or other officer; and that where the offence charged has been created by any statute, or subjected to a greater degree of punishment by any statute, the indictment or information shall after verdict be held sufficient, if it describe the offence in the words of the statute." Id. s. 21.

DEMURRER.

A demurrer is a pleading, by which the legality of the last preceding pleading is denied and put in issue, and the issue is then determined by the court. In criminal cases, it is only in proceedings by indictment or information that a demurrer can be pleaded, that is to say, either to the indictment or information itself, or to the plea or subsequent pleading. But in practice, it very seldom occurs. A defendant seldom demurs to an indictment, because in general he may have the same advantages by a motion in arrest of judgment, after he has been convicted by verdict; and upon a demurrer, in a case of a misdemeanor, the judgment is final, and not merely that the party shall answer over. Per Lawrence, J. in R. v. Gibson, 8 East, 112. And demurrers to other pleadings occur still more sel

dom, as special pleadings scarcely ever occur in practice, except in prosecutions for non-repair of highways or bridges.

A demurrer in criminal cases, has the effect of opening the whole record to the court; and therefore upon arguing it, a defendant may take objections, as well to the jurisdiction of the court where the indictment was found, as to the subject matter of the indictment itself. R. v. Fearnley, 1 T. R. 316.

DEMANDING MONEY WITH MENACES, &c.
See "Larceny."

DEODAND.

See "Coroner."

DESERTION.

See "Mutiny."

DISORDERLY HOUSE.

What, &c.] It is clearly agreed that keeping a bawdy-house, is a common nuisance, as it endangers the public peace, by drawing together dissolute and debauched persons, and has also a tendency to corrupt the manners of both sexes, by such an open profession of lewdness. 1 Hawk. c. 74, s. 1. And a lodger, who keeps only a single room for the purpose, is indictable as for keeping a bawdy-house. Id. s. 3. Also a feme covert is punishable for this offence, as much as if she were sole. Id. 8. 2. But the fact of a woman keeping a house for the purpose of her own prostitution merely, it seems, would not be sufficient in law to make the house a disorderly house; it must be a house for the common reception of men and women generally, for the purpose of prostitution.

If the house be not a bawdy-house, but be disorderly in other respects, it may equally be the subject of an indictment. And therefore where an indictment for keeping a disorderly house for the purpose of cock-fighting, boxing, &c., was in the ordinary form of an indictment for keeping a bawdy-house, except

that instead of "drinking, tippling, whoring," it substituted the words "fighting of cocks, boxing, playing at cudgels:" it was holden to be good, upon motion in arrest of judgment. R. v. Higginson, 2 Burr. 1232.

Any person, who shall appear, act or behave him or herself as master or mistress, or as the person having the care, government or management of any bawdy-house, gaming-house, or other disorderly house, shall be deemed and taken to be the owner thereof, and shall be liable to be prosecuted and punished as such, notwithstanding he or she shall not in fact be the real owner or keeper thereof. 25 G. 2, c. 36, s. 8.

Keeping a disorderly house, is a misdemeanor, punishable with fine, or imprisonment (with or without hard labour, 3 G. 4, c. 114), or both.

Prosecution.] By stat. 25 G. 2, c. 36, s. 5, in order to encourage prosecutions against persons keeping bawdy-houses, gaming houses or other disorderly houses, it is enacted that if any two inhabitants of any parish or place, paying scot or bearing lot therein, give notice to any constable (or other peace officer of the like nature, where there is no constable) of such parish or place, of any person keeping a bawdy-house, gaming-house, or any other disorderly house, in such parish or place, such constable or other officer shall forthwith go with such inhabitants to a justice of the peace of the county, &c., in which such parish lies; and shall (upon such inhabitants making oath before such justices that they believe the contents of such notice to be true, and entering into recognizance in the penal sum of 201. each, to give or produce material evidence against such person for such offence) enter into a recognizance in the penal sum of 301., to prosecute with effect such person for such offence at the next general or quarter sessions of the peace, or at the next assizes to be holden for the county in which such parish or place lies, as to the said justice shall seem meet; and such constable or other officer shall be allowed all the reasonable expenses of such prosecution, to be ascertained by any two justices of the peace of the county, &c., where the offence shall be committed, and shall be paid the same by the overseers of the poor of such parish or place; and in case such person shall be convicted of such offence, the overseers of the poor of such parish or place shall forthwith pay the sum of 101. to each of such inhabitants; and in case such overseers shall neglect or refuse to pay to such constable or other officer such expenses of the prosecution as aforesaid, or shall neglect or refuse to pay upon demand the said sums of 10%. and 10%., such overseers and each of them shall forfeit to the person entitled to the same, double the sum so refused or neglected to be paid. Also a copy of the above notice shall be served on

the overseers of the poor of the parish or place, as shall presently be noticed. See stat. 58 G. 3, c. 70, s. 7, infra.

Upon such constable or other officer entering into such recognizance, the justice shall forthwith make out his warrant to bring the party accused before him, and shall bind him or her over to appear at such general or quarter sessions or assizes, there to answer to such bill of indictment as shall be found against him or her for such offence; and such justice may, if he think fit, demand security for the party's good behaviour in the mean time, and until the indictment shall be found, heard or determined, or the grand jury have ignored the bill. 25 G. 2, c. 36, s. 6.

If the constable neglect or refuse to go before the justice, or to enter into the recognizance, or if he be wilfully negligent in carrying on the said prosecution, he shall forfeit the sum of 201. to each of such inhabitants so giving notice as aforesaid. Id. s. 7. Such inhabitants are notwithstanding competent witnesses for the prosecution. Id. s. 9.

And by stat. 58 G. 3, c. 70, s. 7, a copy of such notice shall also be served or left at the places of abode of the overseers of the poor of such parish or place, or one of them, and such overseer or overseers shall be summoned or have reasonable notice to attend upon such justice of the peace, before whom such constable shall have notice to attend; and if such overseers or overseer shall then and there enter into such recognizance to prosecute such offender as the constable is required to enter into by stat. 25 G. 2, c. 36, s. 5, then the constable need not enter into such recognizance; but if such overseers or overseer shall neglect to attend such justice, or shall attend and decline to enter into recognizance, then such constable shall enter into the same, and shall prosecute, and be entitled to his expenses, as in and by the said act is directed.

Commitment.] The offence may be described thus in the commitment:-For that she the said C. B., on at unlawfully did keep and maintain a certain common, ill-governed and disorderly house; and did cause certain persons, as well men as women, of evil name and fame, and of dishonest conversation, to frequent and come together in the said house, and there to be and remain drinking, tippling, whoring and misbehaving themselves. And you the said keeper, &c.

DISSENTERS.

Their chapels to be certified and registered.] No congregation

or assembly for religious worship of Protestants shall be permitted, until the place of meeting be certified to the bishop of the diocese, or to the archdeacon of the archdeaconry, or to the justices of the peace at the general quarter sessions of the county, city or place; and the registrar or clerk of the peace shall register or record the same, and give a certificate thereof to any person who shall demand the same. 55 G. 3, c. 155, 8. 2. 1 W. & M. c. 18.

And by stat. 31 G. 3, c. 32, (the act for the toleration of Roman Catholics) s. 5, it is provided, that no place of congregation or assembly for religious worship shall be allowed, until the place of such meeting shall be certified to the sessions of the county or place where the same shall be held, and be there recorded; and the clerk of the peace shall give a certificate thereof, if demanded.

Preaching in places not certified.] Every person who shall knowingly permit or suffer any congregation or assembly for religious worship of protestants to meet in any place occupied by him, until the same shall have been so certified as aforesaid, shall forfeit for every time such congregation or assembly shall meet contrary to the provisions of this act, a sum not exceeding £20, nor less than 208. 55 G. 3, c. 155, s. 2.

Also, every person who shall teach or preach in any congregation or assembly as aforesaid, in any place, without the consent of the occupier thereof, shall forfeit for every such offence any sum not exceeding £30, nor less than 40s. Id. s. 3.

"do and

Disturbing their congregations.] If any person shall wilfully and maliciously or contemptuously disquiet or disturb any meeting, assembly or congregation of persons assembled for religious worship, permitted or authorized by this act or any former act of parliament, or shall in any way disturb, molest or misuse any preacher, teacher or person officiating at such meeting, assembly or congregation, or any person or persons there assembled: such person or persons so offending, upon proof thereof before any justice of the peace by two or more credible witnesses, shall find two sureties, to be bound by recognizances, in the penal sum of £ 50, to answer for such offence, and in default of such sureties shall be committed to prison,,there to remain until the next general or quarter sessions; and upon conviction of the said offence at the said general or quarter sessions, shall suffer the pain and penalty of £40." 52 G. 3, c. 155, s. 12. and see 1 W. & M. c. 18, s. 18. A congregation of foreign Lutherans, has been holden to be within the protection of the act. R. v. Hube et al. 5 T. R. 542, Peake, 132. And it is no defence to shew, that the violence complained of was committed by the defendant in