of woman for purpose of marriage or carnal knowledge, 289 form of indictment, 289 of heiress the same, 289 actual marriage or defilement not necessary to constitute offence, 290 detention against her will an offence though heiress consent at first, 291 form of indictment, 290 of woman under twenty-one for purpose of marriage or carnal knowledge, 290 woman may be witness against offender though married, 292 form of indictment, 290 of girl under sixteen, 292 consent of girl and belief of offender as to her age immaterial, 292 form of indictment, 294 of children under fourteen, 295 form of indictment, 296 ABETTOR-28 See AIDER AND ABETTOR. ABOLITION- of distinction between felony and misdemeanour, 603 of plea in abatement, 752 of jury de ventre inspiciendo, 850 of writ of error, 864 of outlawry. 974 of punishment by solitary confinement and the pillory, 974 of deodand, 974 of attainder, forfeiture and escheat as a consequence of conviction, etc., 974 ABOMINABLE CRIME- committing, with human being, etc., 116 remarks on, 117 form of indictment, 116 CRIM. LAW-64 ABSENCE of wife or husband for seven years, second marriage not bigamy, 279 of bill of exchange, etc., forgery of, 512 ACCESSORY- before the fact, a party to and guilty of offence, 28 defined, 36 may be indicted as principal, 28 alone or jointly with perpetrator, 29 may be convicted though principal acquitted, 29 soliciting and inciting commission of offence indictable, though offence no offence committed through innocent agent, 30 principals in second degree, 31 actual presence not necessary, 31 Abettor of person committing suicide guilty of murder as principal, 33 mere participation in the act not sufficient, 34 in manslaughter, 38 AFTER THE FACT, 40 defined, 40 offence by married person, 40 not by merely suffering principal to escape, 41 nor by attending on felon in prison, 41 wife not, by receiving, etc., husband or vice versa, 40, 41 applies to no other relationship, 41 must have notice that offence was committed, 41 ACCESSORY-Continued. no conviction as, on indictment as principal, 42 receiver of stolen goods not, at common law, 42 to treason, 47 to murder, 225 indictment of, 697 ACCOMPLICE- none in perjury, 97 that evidence of, requires corroboration not a question that can be reserved, 870 ACCOUNTING- false, by clerk, 419 ACQUITTAL- on plea of antrefois acquit or convict, 715 ACQUITTANCE- for receipt of money, etc., forgery of, 513 ACT- expression "any" and "any other" defined, 1 definition of, as to offences connected with trade, 589 criminal, construction of, 603 offences punishable under two or more, 959 ACTION- compounding penal, 104 civil, not suspended, 602 against juvenile offender, 896 against persons administering criminal law, 979 time and place of, 979 notice of, 979 defence to, 979 tender or payment into court, 979 costs, 979 other remedies saved, 979 ACTION QUI TAM-104 ACTUS NON FACIT REUM-11, 504 ADDRESS OF COUNSEL- to jury on trial, how regulated, 757 counsel acting for attorney or solicitor-general entitled to reply, 757 when defence adduces evidence, 758 on opening for prosecution, 758 summing up by Crown counsel when no evidence for defence, 760 ADDRESS OF COUNSEL-Continued. summing up by defence, 763 reply, 765 defendant's reply on evidence of prosecution in reply, 766 of preliminary inquiry, for variance, 614 of inquiry from time to time at discretion of magistrate, 652 of trial, on amendment, 830 of speedy trial, 881 of trial on summary conviction proceedings, for variance, 909 ADMINISTRATION OF JUSTICE— CORRUPTION AND DISOBEDIENCE- corruption of judges or members of parliament, 77 peace officers, etc., 77 frauds upon the Government, 78 consequences of conviction, 80 neglect of peace officer to suppress riot, 83 misconduct of officers, 84 obstructing peace officer, etc., 84 MISLEADING JUSTICE— perjury, 85 subornation of perjury, 86 punishment for perjury, etc., 97 false oaths, 98 false affidavit out of province, 99 false statements, 99 fabricating evidence, 99 conspiracy to bring false accusation, 100 administering oaths without authority, 101 corrupting juries and witnesses, 104 attempting in any other way to obstruct course of justice, 104 compounding penal actions, 104 reward for recovery of stolen property, 105 unlawfully advertising reward, 106 false certificate of execution of sentence of death, 106 ESCAPES AND RESCUES- being at large while under sentence, 107 assisting escape of prisoners of war, 111 ADMINISTRATION OF JUSTICE-Continued. breaking prison, 111 attempt to break prison, etc., 111 escape from prison, etc., 111 escape from lawful custody, 112 assisting escape in certain cases, 112 aiding escape from prison, 112 unlawful discharge of prisoner, 113 punishment for escape, 113 ADMIRALTY- offences committed within the jurisdiction of, leave of Governor General required for prosecution, 606 jurisdiction of, 607 offences within jurisdiction of, warrant, 632 ADMISSION- to bail by justice, 665 after committal, 666 by prisoner at trial, 800 to bail under provisions for speedy trial, 881 ADULTERER- killing by husband when committing adultery with wife is manslaughter, 161 killing in revenge after the act, murder, 162 with wife, stealing husband's goods, 316 an indictable offence in New Brunswick, 129 wife committing, may be guilty of stealing husband's goods, 317 ADVERTISEMENT- of reward for return of stolen property, 106 AFFIDAVIT- perjury by false statement in, 98 false, out of Province where used, 99 justice, etc., unlawfully taking, 101 form of indictment, 102 evidence of authority of justice, 103 See AFFIDAVIT. AFFRAY- punishment for, 60 AGENT- innocent, commission of offence by, 30 theft by, 341 form of indictment, 343 conversion by, of property entrusted, 342 |