indictment, 262; evidence, 262; mayhem, what, 264.
524. Shooting or attempting to shoot, with intent to,
274; indictment, 274; evidence, 275. Causing gun
powder to explode, with intent to, 278; indictment, 278;
evidence, 279. Sending explosive substances to a person,
with intent to, 279; indictment, 279; evidence, 280.
Throwing corrosive fluid at or on a person, with intent
to, 281; indictment, 280; evidence, 281.

Malice, how proved, 120, 121; in murder, 121. 213. 234;
general malice, what, 214.

Malicious injuries to animals, 523.

Malicious injuries to works of art, 521.

Malicious injuries to farm produce, trees, &c., 502.

Malicious injuries to houses, &c., 485,

Malicious injuries to manufactures, machinery, &c., 498.
Malicious injuries to mines, 507.

Malicious injuries with respect to railways, 519.

Malicious injuries to rivers, canals, ponds, turnpike-gates, &c.,
512.

Malicious injuries to ships, 525.

Malt-house, setting fire to, 485; indictment, 485; evidence,
486, Riotously beginning to demolish, 494; indictment,
494; evidence, 494.

Man, isle of, backing warrants in, 34.

Mandamus to justices at sessions to make up a record, to
enable the defendant to prove a plea of auterfois acquit,
113.

Manganese, stealing from mines, 415.

Manslaughter, 226; on provocation, 226; in cases of sudden
combat, 229; in cases of persons interfering whilst others
are combatting, 232. In what cases homicide by acci
dent may amount to manslaughter, 216, 217, 218, 219,
220.9; or homicide by an officer or other arresting, 222.
29, 30; or homicide in self-defence, 224; or homicide
in killing officers of justice, 239, 240, 243. 244. 29; or
homicide in killing gamekeepers, 245; or homicide in
impressing seamen, 248. Indictment, 254; venue, 68;
evidence, 255. 140. Accessories after the fact, 18. 254;
no accessories before the fact, 15.

Manslaughter abroad, venue, 66; arraignment, 108.
Mantrap, setting, with intent to do bodily harm, 294; in-
dictment, 294; evidence, 294.

Manufacture, goods in process of, stealing, 436; indictment,
436; evidence, 437. Destroying, 498; indictment, 498;
evidence, 498.

Manufactory, setting fire to, 485; indictment, 485; evidence,
485. Riotously beginning to demolish, 494; indictment,
494; evidence, 494.
Mare. See "Cattle."

Marines, employed for prevention of smuggling, shooting at

or wounding, 586.
Marked money, used to detect clerks in stealing, 451; to de-
tect officers of the post-office stealing, 580, 581.

Marriage, validity of, 610; in a protestant church, 610; in a
protestant chapel, 611; in a dissenting chapel, 611; of
Quakers or Jews, 612; in Scotland, 612; in a foreign
country, 612.

Marriage registers, how proved, 145.

Marsh, breaking down the bank of, 512; or removing piles,
&c., placed for securing it, 514.

Master, homicide by, in correcting a person under his care,

218.

Master may kill in defence of his servant, and the servant in
defence of his master, 225,

Matrons, jury of, in what case, 203.

Medical men, homicide by the ignorance, carelessness, or
negligence of, 220. 9.

Medietate linguæ, jury de, in what cases, 159.

Menaces or threats, offences committed through compulsion
of, 10.

Menaces, demand of money with, with intent to steal, 427; in-
dictment, 427; evidence, 427. Letter demanding money
with menaces, 428; indictment, 428; evidence, 428.
Menaces, stealing in a dwelling-house, and putting a person
therein in fear by, 435; indictment, 435; evidence, 435.
Merchant selling or converting goods or securities to his own

use, which have been entrusted to him for safe keeping
or for a special purpose, 459; indictment, 459; evidence,
460.

Metal, fixed to a building, stealing, or ripping with intent
steal, 412; indictment, 411; evidence, 412.
Military, authority of, in case of riots, 24.

Mill, setting fire to, 485; indictment, 485; evidence, 486.
Riotously beginning to demolish, 494; indictment, 494;
evidence, 494.

Mill-pond, breaking down the dam of, 517; indictment, 517;
evidence, 517.

Mine, stealing from, 415; indictment, 415; evidence, 416.
11. Setting fire to a coal mine, 507; indictment, 507;
evidence, 508. Attempting to set fire to it, 629. Drown-
ing a mine, 508; indictment, 508; evidence, 509.
Filling up or obstructing the airways or shafts, &c., of
mines, 509; indictment, 509; evidence, 510. Damaging
the steam engines, staiths, waggon-ways, &c., of mines,
510; indictment, 510; evidence, 511. Riotously begin-
"ning to demolish them, 494; indictment, 404; evidence,
494.

Miners cheating each other in their work, 417.

Misadventure, homicide by, 9. 216. See "Homicide by
Accident."
Misdemeanors, what, indictable, 1; punishment of, at com-
mon law, 185. No accessories in, 15. 18. 96. Attempt
to commit it, how punishable, 20. Apprehension for it,
not without warrant or in the act of commission, 25. 27;
and if constable kill, manslaughter or murder, 29. Bail
in, 55. 58. Process in, 102. Verdict in, 95. 124. Judg-
ment on demurrer in, 115. Costs, in, 187.

Misdemeanor abroad, by officers under government, where
tried, 66.

Misfeasance, corporation indictable for, 9.

Misfortune, homicide by, 9. 210. See "Homicide by Acci-
dent."

Misnomer, not pleadable in abatement, 78. 111; misnomer of
prosecutor, 79, now amendable, 80.

Misprision of treason, witnesses in, 155; defendant to have a
list of the jurors, 160.

Mistake, offences committed from, 9, 10.

person for another in homicide, 214.
by, not larceny, 366.

Mistake of one
Taking of goods

Mob extorting goods or money, when robbery, 419. 421, 499.
Money, in indictment, to mean coin or notes of the Bank of
England or other bank, 90. 357; and in embezzlement,
it means also all valuable securities, 447.

Money, post-letter containing, stealing or embezzling, 578.
581. Stealing money out of a post-letter, 582; indict-
ment, 582; evidence, 583.

Monkey not the subject of larceny at common law, 363.
Monument in a church or in public, destroying or damaging,
522; indictment, 522; evidence, 522.

Moors may be witnesses, 150.

Moravians to make affirmation instead of oath, 150; form of it,
150; they may now serve on juries, 158.

Motions, before trial, 166-to postpone the trial, 166; for
money taken from the defendant, to be delivered up to
him, 167; that witnesses be sent out of court, 167.

Motion in arrest of judgment, 178.

Motion for a new trial, 177.

Mundick, stealing from mines, 415.

Murder, 206. 236; indictment, 206. 89; venue, 68; evidence,
208. 140, of the homicide, 208, and of the malice pre-
pense, 213. 121.
In what cases homicide by accident
may amount to murder, 216, 217, 218, 219. 221. 9. 10;
or homicide by an officer or other person arresting, 222.
29; or homicide in self-defence, 224; or homicide on
provocation, 227. 229, or in case of sudden combat, 229,
230. 232, 233; or duelling, 235; or killing officers of
justice, 236-244. 29, 30, or private persons endeavour-

ing to prevent an affray or make an arrest, 237, or game-
keepers, 245; or homicide in impressing seamen, 248.
Principals in murder, 249; accessories before the fact,
253; accessories after the fact, 254. Verdict, 254.
Murder, administering poison with intent to, 255; indict-
ment, 255; evidence, 256, 258. Attempting to administer
poison with intent to, 258; indictment, 258; evidence,
259. Stabbing, cutting or wounding, with intent to, 259;
indictment, 259; evidence, 260. Doing bodily injury
injurious to life, with intent to, 269; indictment, 269;
evidence, 269. Shooting at a person, with intent to, 270;
indictment, 270; evidence, 271. Attempting to shoot,
with intent to, 272; indictment, 272; evidence, 278.
Letter threatening to, 533; indictment, 533; evidence,
533.

Murder abroad, venue, 66; on the high seas, venue, 67, 68.
Murder, arraignment, 108; treatment of defendant after sen-
tence, 203.

Museum, things kept for the purpose of art or science in,
damaging or destroying, 521; indictment, 521; evidence,

522.

Mutiny, inciting to, venue in, 72.

Mute, standing, 109; if of malice, a plea of not guilty is en-
tered for him, 109; if from insanity, he is ordered to be
kept in custody, 109. How formerly in treason, 565.

N.

Name of defendant in indictment, 78; name of prosecutor or
party injured, 79; variance, amendable, 83, 86.

Navigable river, offences committed during a voyage on,
venue in, 65. Stealing from a vessel on, 437; indict-
ment, 437; evidence, 438.

Navigable river, destroying locks, &c., on, 513; indictment,
513; evidence, 513. Drawing up flood-gates, or doing
other damage to, 514; indictment, 514; evidence, 514.
Setting fire to warehouses belonging to, 521; indict-
ment, 521; evidence, 521.

Navy, officers of, employed to prevent smuggling, shooting at,
or wounding, 586; indictment, 586; evidence, 586.
Necessity, homicide from, in what cases, 225.

Neglect or refusal to perform a public duty, when indicta-
ble, 2.

Negligence, homicide from, manslaughter, 9. 220.

Neglect to appear as a witness before a magistrate, how pun-
ishable, 39.

Newcastle-upon-Tyne, Northumberland the next adjoining
county to it, for trial, 64,

Newspaper, libel in, 318; how proved, 319.

New trial, motion for, 177.

Night, in burglary, what, 332, 333; in night poaching, what,
407.

Night poaching, 405; indictment, 405; evidence, 406; limi-
tation of prosecution, 410. Night poachers killing game-
keepers, 245. 251, 252. By whom night poachers appre-
hended, 247. 22.

Nisi prius record, when evidence in perjury, 602.
Nocumento amovendo, writ, de, in nuisance, 205.
Non-feasance, corporation indictable for, 9.

Northumberland, the next adjoining county to Newcastle-
upon-Tyne, for trial, 64.

Note of the bank of England or other bank, described as
money in indictment, 90.

Notice to be given by party arresting, to entitle him to
protection, 239, 240; none required as against night
poachers, 246.

Notice to produce, 138; in what cases, 138; form of it, 139.
Notice of recognizance, 49. 56.

Nuisance, indictment for, 607; evidence, 607; costs, in what
cases, 189; judgment how executed, 205.

Nul tiel record formerly the replication to plea of auterfois
acquit, 113.

0.

Oath, affirmation instead of, in what cases, 149, 150; form
of it, 150.

Oath, confession on, cannot be received in evidence, 126.
Oath of grand jury, 161; of petty jury, 162; of bailiff, on
adjournment of a trial, 170; of bailiff on retirement of
a jury, 171.

Oath, information when on, 31.

Oath, unlawful, venue, 72.

Oath of witness on examination before a magistrate, 36; of
witness at the trial, 168.

Objection, none, to a magistrate's summons or warrant, 44.
Objections to indictment, when and how to be taken, 115.
Obliterating a record, &c., 397; indictment, 397; evidence,
397.

Obtaining money, &c. by false pretences, 463; indictment,
463. 89.96; venue, 70; bail, 55; evidence, 465. 120;
verdict, 472. 94. Attempt to commit the offence, 472;
indictment, 472; evidence, 473. Receiving goods ob-
tained by false pretences, 481; indictment, 481; evidence,
481.

Obstructing airways or shafts, &c. of mines, 509; indictment,
509; evidence, 510.

Obstructing officers of the customs, &c. in the exercise of their
duty, 587; indictment, 587; evidence, 587.