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issue, 125: by confessions to the prosecutor, cunstable,
&c., 125, without inducement, 126; or by confession be-
fore a magistrate, 131: by presumption, 134: by proofs,
136; the best evidence, 136; secondary evidence, 136;
notice to produce, 138, and form of it, 139: by dying
declarations, 140.—Written evidence, 141: Acts of parlia-
ment, 141; other records, 141; matters quasi of record,
143; other public documents, 145; depositions of wit-
nesses deceased or unable to travel, 147; deeds and other
private written instruments, 148.-Parol evidence, 149:
who may be witnesses, 149-155; number of witnesses
required, 155; witnesses, how compelled to attend, 156.
148; witnesses' expenses, 156. 186.

Evidence admissible, though it be evidence of another offence
also, 120. 122; how, where several offences form parts
of an entire transaction, 122.

Evidence, recognizance to give, 48; and form of it, 48.
Evidence under plea of auterfois acquit or convict, 113.

Evidence, presumptive or circumstantial, of larceny, 396.
Ewe. See" Cattle."

Examination, 35. 51. See " Commitment and Examin-
ation."

Examined copy, when evidence, 142. 147.

Examination on the voire dire, 155.

Exception in statute, when not necessary to state or prove that
the case does not come within it, 118.
Exceptions, bill of, not in a criminal case, 171.
Exchequer bill, forgery of, 556.

Excusable, what persons are, for crime, 3:-infants, in what
cases, 3; idiots and lunatics, 4; wife, in what cases, 6;
Jambassadors and their servants, 8; aliens not, 8; cor-
porations, not, 8; persons offending from chance, mis-
take, &c., 9; persons offending through compulsion, 10;
persons who are innocent agents of others, 10.

Execution of sentence, 202; of death, 202. 221. 254; trans-
portation, 204; imprisonment, 204; in other cases, 204.
Execution of warrant to apprehend, 33.

Exemption from serving on juries, 157.

Exhibiting false lights, to bring a ship into danger, 530; in-
dictment, 530; evidence, 530.

Exigent, writ of, in outlawry, 103.

Expenses of prosecution, when allowed, 186. 156; in felonies,
186; in misdemeanors, 187; of attendance before the
examining magistrate, 188; in offences at sea, 188; in
prosecutions of juvenile offenders, 61; in other cases,
189; costs of apprehension, in what cases, 189. What
expenses allowed, 190; taxation of, and order for them,
191; how, for an offence in a county of a city or town, 192.

.11

Expenses of constable in conveying a prisoner into another
county, 53; form of order for them, 54.

Expenses of witnesses, 156.

Explosion of gunpowder, &c., causing, with intent to do
grievous bodily harm, 278; indictment, 278; evidence,
279.

Explosive substances, sending to person, with intent to do
grievous bodily harm, 279; indictment, 279; evidence,
280.

Explosive substances, destroying dwelling-house by, 496; in-
dictment, 496; evidence, 497.

Explosive substances, discharging, near the Queen, 570.
Extort, threatening to libel, with intent to, 323; indictment,
323; evidence, 323. Letter threatening to accuse of
crime, with intent to, 323; indictment, 323; evidence,
324. Accusing or threatening to accuse of crime, with
intent to, 325. Accusing or threatening to accuse, and
thereby extorting, 327; indictment, 327; evidence, 327.

F.

Factor, pledging the goods of his principal, 460; indictment,
460; evidence, 461.

Facts, what, to be stated, 86; consequence of omitting
any, 86.

False defamatory libel, 316. 319.

False imprisonment, 293; indictment, 293; evidence, 293.
False lights, exhibiting, to bring a ship into danger, 530; in-
dictment, 530; evidence, 530.

False name, assuming, and drawing bills, &c., in it, forgery,
541.

False pretences, obtaining money, &c., by, 463; indictment,
463; venue, 70; evidence, $65; what, a pretence, 465 5;
intent to defraud, 471. 120; difference between this of-
fence and larceny, 467. 372. 378, 379. Bail in it, 55.
Verdict, 472. 95. Joinder of defendants, 96.

False pretences, attempt to obtain money, &c., by, 472. Re-
ceiving goods obtained by, 481; indictment, 481; evi-
dence, 481.

Farm buildings, setting fire to, 491; indictment, 491; evi-
dence, 491. Setting fire to hay, straw, &c., in, with
intent to set fire to the building, 492; indictment, 492;
evidence, 492.

Father, homicide by, in defence of his child, 225.

Felony, apprehension for, 21. 26. 28; bail in, 55; process in,
102; costs in, 186; punishment, 185.

Felony, assault with intent to commit, 285. 630; indictment,
285; evidence, 285. Attempt to commit, 28. 20.

Felony, demurrer to indictment for felony, what judgment
in, 115; the like, in demurrer to a plea, 116.

Felonies committed at sea, where tried, 68.

Felony, subsequent, 623; indictment, 623; arraignment, 624;
evidence, 626.

Felonious intent in larceny, 366, 367. 381.

Feloniously, when essential in an indictment, 91.

Female offenders, not to be whipped, 185.

Fern, growing, setting fire to, 503; indictment, 502; evidence,
503. Setting fire to stacks of, 503; indictment, 503;
evidence, 504.

Ferrets, not the subject of larceny at common law, 363.
Fiat of attorney-general for a writ of error, 199.

Fictitious person, drawing bills, &c., in the name of, forgery,
-538.

Field, stealing from, goods in process of manufacture, 436;
indictment, 436; evidence, 437.

Fieri facias, writ of, for a fine, 205.

Fighting, homicide by, manslaughter or murder, 229. In
prize fighting, if death ensue, manslaughter, 236; and
all present, principals in the second degree, 236. Party
interfering, homicide by or of, 232, 233. Fighting with
fists, each party may be indicted for an assault, 284
Filling up a blank acceptance, &c., for more than authorized,
forgery, 537.

Filling up airways or shafts of mines, 509; indictment, 509;
evidence, 510.

Filly. See "Cattle."

Final judgment upon demurrer, in what cases, 115, 116.
Finding goods, and appropriating them, in what cases larceny,
387-390.

Finding of a bill of indictment, how, 97, 98, 99.

Fine on jurors for non-attendance, 161.

Fine, judgment for, 185; how levied, 205.

Set-

Fire, setting, to a house, out-house, barn, &c., 485; indict-
ment, 485; evidence, 486; setting fire to it, what, 486.
Setting fire to a house, any person being therein, 489;
indictment, 489; evidence, 490. Setting fire to farm
buildings, 491; indictment, 491; evidence, 491.
ting fire to hay, straw, &c., in a farm building with
intent to burn it, 492; indictment, 492; evidence,
492. Setting fire to a church or chapel, 493; indict-
ment, 493; evidence, 493. Setting fire to crops of
corn, plantations, &c., 502; indictment, 502; evidence,
503. Setting fire to stacks of corn, peat, wood, &c.,
503; indictment, 503; evidence, 504. Setting fire to a
coal-mine, 507; indictment, 507; evidence, 508. Set-
ting fire to stations, warehouses of railways, &c., 521;
indictment, 521; evidence, 521. Setting fire to a ship,
526; indictment, 526; evidence, 527. The like, whereby

life is endangered, 525; indictment, 525; evidence, 520.
The like, to prejudice the owner or underwriters, 527 ;
indictment, 527; evidence, 528.

Firing or attempting to fire at the Queen, 569; indictment,

569; evidence, 570.

Firing at a person with intent to murder, 270; indictment,
270; evidence, 271. Attempting to fire with the like
intent, 272; indictment, 272; evidence, 273. Firing or
attempting to fire, with intent to do grievous bodily harm,
274; evidence, 275.

Fish in a pond, the subject of larceny, fish in a river, not,
363. Taking fish in water belonging to a dwelling-house,
410; indictment, 410; evidence, 410.

Fish-pond, breaking down the dam of, 515; indictment, 515;
evidence, 516. Putting lime into a fish-pond, 516; in-
dictment, 516; evidence, 516.

Fixtures, stealing, 411; indictment, 411; evidence, 412.
Flood-gates to a navigable river or canal, destroying, 513;
indictment, 513; evidence, 513. Maliciously opening
them, 514; indictment, 514; evidence, 515.

Fold, setting fire to, 491; indictment, 491; evidence, 491.
Food, not providing sufficient, to apprentices or servants,
291; indictment, 291; evidence, 292.

Forcible entry, judgment, and how enforced, 204, 205.
Force, in rape, 305.

Force, demanding money by, with intent to steal, 427; indict-
ment, 427; evidence, 427.

Force, entering a building by, with intent to destroy goods in
the process of manufacture, or machinery, 500; indiet-
ment, 500; evidence, 501.

Force and arms, omission of these words, not material, 92.
Foreign courts, judgment in, how proved, 144.

Foreign dignitaries, libels on, 319.

Foreign instruments, forgery of, 556.

Foreign marriage, when valid, 612.

Foreigners, punishable for offences, 8.

Foreigners on juries, 158, 159.

Forest, hunting or stealing deer in, 402; indictment, 402;
evidence, 402.

Foreign service, entering into, venue, 72.

Forgery, 534; indictment, 534; venue, 71; punishment, 535;
evidence, 436; of the forging, 537. 11; the uttering
547. 121; the instrument forged, 552. 149.

Formal defects amended, 115.

Former conviction or acquittal, how proved, 143.

Fox, not the subject of larceny at common law, 363.

Frame or machine for manufacturing or preparing silk or
cotton goods, &c., breaking or destroying, 499; indict-
ment, 499; evidence, 499.

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Framework knitted piece, destroying or damaging, 498; in-
dietment, 498; evidence, 498.

Fulling woollen goods, &c., machinery for, breaking or de-
stroying, 499; indictment, 499; evidence, 499.

Funds, government, forgeries in respect of, 557.

Furious driving or riding, homicide by, 219. 9.

Furze, growing, setting fire to, 503; indictment, 502; evi-
dence, 503. Setting fire to stacks of, 503; indictment,
503; evidence, 504.

G.

Gallery, works of art, science, or literature in, destroying or
damaging, 522; indictment, 521; evidence, 522.

Game, what, within the night poaching Act, 409.

Gamekeepers, killing, when murder, when manslaughter, 245,
246. 30.

Gamekeepers, assaulting, 288, indictment, 288; evidence, 289,
Gamekeepers, apprehension of poachers by, 22.

Gaol, offences in respect to property in, in whom property to
be laid, 82.

Gaoler, killing prisoner attempting to escape, when justifiable,

223; killing prisoner by ill-treatment, murder, 208, 209.
Garden, stealing trees, &c., in, 413; indictment, 413; evi-
dence, 414. Destroying or damaging them, 506; indict-
ment, 506; evidence, 506.

Gazette, in what cases evidence, 145.
Gelding. See "Cattle.".

General issue, 109.

General malice, killing from, murder, 214.

General verdict, where there are several counts, how, 175.
Generic terms, offence defined in, how the indictment, 88.
Gentoos may be witnesses, 150.

Girl, seduction of, from the motive of lucre, 301; indictment,
301; evidence, 301. Abduction of, under sixteen years
of age, 302; indictment, 302; evidence, 302. Procuring
the defilement of, 303; indictment, 303; evidence, 304.
Carnally knowing, under ten years of age, 311; indict-
ment, 311; evidence, 312. Carnally knowing, between
ten and twelve years of age, 312.

Glass fixed to a building, stealing, 412; indictment, 411;
evidence, 412.

Goods, the subject of larceny at common law, 362; how de-

scribed in the indictment, 355.

Goods, owner of, cannot be guilty of larceny of them, unless to
defraud a bailee, 367.

Goods stolen, possession of, when presumptive evidence of the
larceny, 369.

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