ment, 592. Juvenile offenders escaping from charitable
institutions, in which they are placed, punishment, 593.
Estreat of recognizance of a witness, 453.
Evading the payment of tolls on turnpike roads, penalty, 689;
-the like, of toll for overweight, 692.
1. What must be proved, 442: the facts constituting the
offence, &c. 442; intent, 443; malice, 443; guilty
knowledge, 443; time, place, &c., 444.
2. The manner of proving it, 444: by confessions, 444; by
presumptions, 444; by proofs, 446.
3. Written evidence, 447: Acts of Parliament, 447; other
records, 447; matters quasi of record, 448; depositions
of deceased witnesses, 448; other public documents, 448;
deeds and other private instruments, 449.
4. Parol Evidence, 449: in what cases, 449; who may be
witnesses, 450, 636; number required, 453; how com-
pelled to attend, 453; their expenses, 453.
Evidence in appeals, 78; in an appeal against a conviction, 384.
Evidence, in applications against the putative fathers of bas-
tards, 183.
Evidence, in cases of summary convictions, 363; how set out
in the conviction, 369.
Evidence upon coroners' inquest, 388.
Ewe, stealing or killing, 245. See "Cattle."
Examination of witnesses, previously to commitment, 286:
in felony, how, 286, in misdemeanor, how, 287, in
offences at sea, how, 11, 287; how taken, 288, oath or
affirmation of the witness, 288, examination, and the form
of it, 288;-how proved, 289;-prisoner's right to have
a copy of it, 297.
Examination of the accused, before commitment, 292: how
to be taken down, 292; caution to be given him, 292;
not to be upon oath, 294. Form of it, 288, 289.
Examination of a body, post mortem, when ordered by the
coroner, 388.
Exception, when to be negatived, in an information, 357, 358;
but the negative need not be proved, 363.
Exchange, bill of, forging, punishment, 478.
Exchequer bill or debenture, forging, punishment, 477; mak-
ing or having the paper for, punishment, 481.
Excise licence to alehouse keeper, not to be granted until
after justice's licence, 29.
Excise officers, assaults upon, punishment, 139, commitment,
140;-not liable to serve as constables, 310.
Excusable homicide, what, 707; per infortunium, 707, 717, or
in self defence, 715, or in defence of property, 715;-
not punishable, 707.
Exemptions from tolls on turnpike roads, what, 684; ex-
emption as to manure, &c., 686; fraudulently claiming
exemption, penalty, 688.
Expenses of conveying a prisoner to gaol, how defrayed, 300.
Expenses of constables, how paid, 318.
Expenses of prosecutions, to be paid out of the county rate,
394; and in boroughs, out of the borough fund, 410.
Expenses of burying dead bodies cast on shore, how paid,
418.
Expenses of apprehending and maintaining vagrants, 394.
Expenses of witnesses, in criminal cases, how paid, 453.
Expenses of maintaining gaols and houses of correction, how
paid in counties, 394;-in boroughs, 410.
Explosive substances, sending with intent, and thereby doing
injury to a person, punishment, 149, commitment, 150.
Express preconceived malice in homicide, 710.
Extortion, 454: what, 454; punishment, 454, commitment,
454. Extortion by a coroner, punishment, 391. Threat-
ening to accuse, with intent to extort, punishment, 7,
commitment, 8;-accusing or threatening to accuse, and
thereby extorting, punishment, 9;-commitment, 9.
Extraparochial places, how to be assessed to the county rate,
395, 403.
Factor, pledging or transferring to another the property, &c.
of his principal, how punishable, and in what cases,
16, 17, commitment, 16.
Fairs, persons selling goods at, need not have a hawker's
licence, 602.
False entry, making, in books of the bank, &c., as to the pub-
lic funds, punishment, 490;-in registers of baptism, &c.,
punishment, 491, or in the copy thereof transmitted to
the registrar of the diocese, punishment, 492;-in books
of horse-slaughterers, penalty, 723, conviction, 724.
False imprisonment, 454: what, 454; punishment, 454;
commitment, 455.
False pretences, obtaining goods or money by, 455; what a
pretence, 455; punishment, 455, commitment, 457.
Cheating at cards, dice, &c., punishable as, 546.
Falsifying the accounts of the owners of stock in the public
funds, punishment, 490.
Farm buildings, setting fire to, punishment, 240; commitment,
240;-setting fire to hay, straw, wood, or to implements
of husbandry in farm buildings, punishment, 240; com-
mitment, 241.
Farming implements, horses or carriages carrying, exempt
from toll on turnpike roads, 685.
Father, a competent witness for or against his son, 452.
Father, putative, of bastard, application against, 175;—not
punishable as for child stealing, for taking his child, 258.
Favour, promise of, in what case it prevents a confession
from being given in evidence, 292.
Fees, upon ale-house licences, 29.
Fees, of clerks of the peace, clerks of justices, &c., in respect
of highways, 667.
Fees to coroners, 390: what, 390; and how paid, in counties,
390, 394;-in boroughs, 391.
Fees to medical witnesses, upon coroners' inquests, 389.
Felo de se, 389; how to be interred, 390.
Felony, assault with intent to commit, punishment, 142, com-
mitment, 143;-attempt to commit it, punishment, 150,
commitment, 151.
Felony, bail in, 154; examinations in, 286, and in felonies at
sea, 287.
Felony, compounding, 303; what, and how punishable, 303.
Felony, conviction for, does not render a witness incom-
petent, 453.
Female prisoners, how to be classed, 560, 564; how attended,
568.
Feme covert, 733; see "Husband and Wife;" she cannot
be bound by a recognizance, 295; cannot take an ap-
prentice, 81.
Fence days, in fisheries, how fixed, 459.
Fences, to pits, &c., dug for materials for highways, 638, or
turnpike roads, 670.
Fermented liquors, not to be admitted into gaols, &c., without
leave, 571; conveying them in, penalty, 574.
Fern, stacks of, setting fire to, punishment, 241, commitment,
241;-setting fire to, whilst growing, punishment, 241,
commitment, 241.
Fiat of the attorney general, previously to writ of error, 438.
Fictitious name, writing an instrument in, forgery, 479.
Fight, challenge to, 257; punishment, 257; commitment, 257.
Fighting, homicide by, when murder, when manslaughter,
713;-homicide by a person assisting either party, 714.
Fighting bulls, bears, dogs, cocks, &c., keeping a place for,
penalty, 247.
Filly, stealing, 245. See "Cattle."
Filth, laying, or suffering to flow, upon highways, penalty, 656;
-upon turnpike roads, penalty, 699.
Fine, acknowledging in the name of another, punishment,
Fines on counties, paid out of the county rates, 394.
Fines for offences, in boroughs, when to go to the borough
fund, 411.
Fines, upon indictments for non-repair of a turnpike road, how
and by whom to be paid, 672.
Fire, having, in ships or vessels laden with gunpowder, penalty,
599.
Fire, making near a highway, penalty, 656, 655, near a turn-
pike road, penalty, 698.
Fire, setting, to a church or chapel, punishment, 239, com-
mitment, 239;-to a dwelling house, any person being
therein, punishment, 239, commitment, 239;—to a house,
outhouse, manufactory, &c., punishment, 239, commit-
ment, 240; to farm buildings, 240, commitment, 240 ;—
to hay, straw, implements, &c. in farm buildings, 240,
commitment, 241;-to stacks of corn, hay, turf, wood,
&c., punishment, 241, commitment, 241;—to crops of
corn, or to furze, trees, &c., growing, punishment, 241,
commitment, 141;-to coal mines, 241, commitment, 242;
to ships, whereby life is endangered, &c., 242, commit-
ment, 242; to ships, with intent to destroy them, punish-
ment, 242, commitment, 242.
Fire works, 457: making or selling, penalty, 457, conviction,
457;-throwing, on or near a highway or turnpike road,
penalty, 457, 656, 698.
Firing a gun or pistol near a highway, penalty, 656.
Fish, selling, does not require a hawker's licence, 602.
Fisheries, 458:
1. Salmon fisheries, 458: conservators to be appointed, 458;
time limited for fishing, 458; taking, &c., spawn, fry, fish
under size or out of season, 460; destroying salmon or
fry, &c., with lime, &c., 461; proceedings for penalties,
460, conviction, 462; appeal, 463.
2. Fisheries in particular rivers, 463.
3. Fry or fish under size, 463.
4. Other fisheries, 464.
Fitting up vessels of war, for foreign states, without licence,
Flax, water in which steeped, using, to kill salmon, &c., penalty,
461.
Flour, 206: regulation as to, 206, 219; adulterating it, penalty,
208, 220, conviction, 209; search for adulterated flour,
209, 221; penalty on persons having the same, 209 222,
conviction, 210; obstructing the search, penalty, 210, 222,
conviction, 210. See "Bread and Flour."
Flour, using violence to prevent the sale or conveyance of,
punishment, 142, conviction, 142.
Fodder for cattle, when exempted from toll on turnpike roads,
Fœtus in the womb, killing, not homicide, 709.
Fold, belonging to a farm, setting fire to, punishment, 240;
commitment, 240.
Food, for prisoners in gaols, regulations as to, 569, 582.
Food to cattle impounded, by whom to be given, 247; not
giving it, penalty, 247, conviction, 248.
Footway, 612; if public, is a highway, 612; when to be made
at the side of carriage ways, 642; width of it, 642; riding
or driving cattle upon it, penalty, 655, 697.
Foot and horse way, 612; if public, is a highway, 6}2.
Football, playing, on a highway or turnpike road, penalty, 656,
698.
Forcing journeymen, &c., to leave their work, penalty, 275;
conviction, 275; forcing them to belong to a club, &c.,
penalty, 275, conviction, 276.
Forcing a master manufacturer to alter his mode of trade, &c.,
penalty, 276, conviction, 277.
Forcible entry and detainer, 464-forcible entry, what, and
how punishable, 464, commitment, 466;—forcible detainer,
what and how punishable, 466, commitment, 466. Pro-
ceedings by justices upon view, 467: in what cases, 467;
record of the force, 468; warrant of commitment, 469;
inquest, 470; precept to return a jury, 471; summons of
the defendant, 471, jurors' oath, 471, form of the inquisi-
tion, 472, warrant to reseize the premises, and restore
them to the complainant, 473. No writ of error lies, 438.
Prosecutor cannot be a witness, 450.
Foreign country, marriage in, when sufficient to constitute
bigamy, 205; homicide in, where triable, 709.
Foreign instruments, forging, punishment, 483; making or
using plates for them, punishment, 488.
Foreign service, 474: engaging in foreign military service
without licence, 474, commitment, 474; the like in the
naval service, 474; going abroad for the purpose of en.
listing, &c., 474; engaging, &c., others in such service,
475; offenders to be apprehended, 475. Fitting out vessels
of war for foreign states, 475.
Forests, turning infected sheep into, penalty, 300, conviction,
301.
Forests of Her Majesty, game in, 507: trespass on, in search
of game, penalty, 524; trespassers not quitting the land
and giving their address, 524; trespassers, armed and
using violence, penalty, 525, conviction, 526.
Forester, his power, as to trespassers in pursuit of game, 525.
Forestalling, offence of, abolished, 476.
Forfeiture of ale licence, in what cases, 36;-of licences of beer
shops, in what cases, 51, 57, 61, 63;-of hawkers' licences,
in what cases, 608.
Forgery, 476: what, 479; and how proved, 479, 450; im-
material whether the instrument be stamped or not, 449.
|