Proof of offences by circumstantial evidence, 134.

Property, parting with, as well as the possession, prevents a
constructive taking from being larceny, 374.

Prosecution, insane person not discharged for want of, 5.
Prosecution, limitation of, in night poaching, 410; in treason,
565.

Prosecution for perjury, by whom and when ordered, 591.
Prosecutor, bound over to prosecute, 47. 52; form of the
recognizance, 48.

Prosecutor, how named in indictment, 79; he may be a wit-
ness for the prosecution, 151.

Prosecutor's expenses allowed, in felony, 186; in certain mis-
demeanors, 187; in conviction of juvenile offenders, 61.
Prout patet per recordum, not necessary, 92.

Proviso in a statute, when not necessary to negative a defend-
ant being within it, 86.

Provocation, homicide on, manslaughter or murder, 226.
Public duty, refusing or neglecting to perform, when indict-
able, 2.

Public companies, proceedings of, how proved, 146; entries
in books of, how proved, 147.

Publication of a libel, how proved, 318.

Pulling down a church, house, &c., by rioters, 494. Pulling
down steam engines, staiths, waggon ways, &c., or
mines, 510. Pulling down a bridge, 518.

Pulse, growing, setting fire to, 502; setting fire to a stack of,

Punishment of accessories before the fact, 15; of accessories
after the fact, 19.

Quakers may be witnesses, 149; form of the affirmation, 150.
They may serve on juries, 158. Their marriages, 612.
Qualification of jurors, 157.

Quarrel, sudden, fighting on, and killing, manslaughter, 236.
Quarter sessions, court of, may quash an indictment, 102;
order of, how proved, 142.

Quashing an indictment, when and how, 102, 178.

Quay, stealing goods from, 439; indictment, 439; evidence,
439.

Queen, offences against, 564. Treason under stat. 25 Ed. 3, st.
5, s. 2, p. 564; indictment, 564; arraignment and plea, 565;
jury and witnesses, 566; evidence, 566; trial, 566; prin-
cipals, &c., 566. Other treasons, 567. Felony against
the queen, 567; indictment, 567; limitation of prosecu-
tion, 569; evidence, 569. Attempting to shoot at, or do
other injury to the queen, 569; indictment, 569; evi-
dence, 570.

Queen consort, compassing the death of, treason, 567.
Queen regnant, husband of, not within the statute of treasons,
567.
Queen's bench, court of, writ of error to, 198; in what cases
it may award execution, 202; judgment in other cases,
by what writs executed, 205.

R.

Railways, malicious injuries with respect to, 519. Placing
wood, &c. on the rails with intent to upset the carriages
or endanger the passengers, &c., 519; indictment, 519;
evidence, 520. Throwing a stone against or upon a rail-
way carriage, with intent, &c., 520; indictment, 520;
- evidence, 521. Setting fire to railway stations or ware-
houses, 521; indictment, 521; evidence, 521. Any per-
son may apprehend the offender, 23.

Rape, 304; indictment, 304, 91; evidence, 304-307; prin-
cipals in the second degree, 307. Attempt to commit a
rape, 308; indictment, 308; evidence, 308. A boy under
14 years of age cannot be convicted of rape, 3; but he
may, as being present aiding and abetting, 307.

Rated inhabitants may be witnesses for their parish, 152.
Ravish, necessity for the word in an indictment for rape, 91.
Real estate, writings relating to, stealing, 394; indictment,
394; evidence, 395.

Receipt, forgery of, 561.

Receiving stolen goods, 473; indictment against principal and
receiver, 473; against a receiver as for a substantive
felony, 474, venue, 71; indictment for stealing and
receiving, 475. 371; evidence, 477-480; verdict, 480.
Receiving goods obtained by false pretences, 481; indict-
ment, 481; evidence, 481.

Receiving or harbouring a felon, makes the party accessory
after the fact, 17.

Recent possession of stolen goods, when evidence of the party
having stolen them, 370.

Recognizances of bail, 56

Recognizance, binding over prosecutor and witnesses by, 47;
forms, 48, 49; refusing to enter into it, commitment, 48,
and form, 50. Recognizance taken upon a remand, 37,
and form, 38.

Recognizances, when and where to be transmitted, 57.
Recognizance, acknowledging in the name of another, how
punishable, 563.

Record, 193. 101; mandamus to make it up, 113; how
proved, 141. Stealing or obliterating it, 397; indictment,
397; evidence, 397.

Refusal to perform a public duty, indictable, 2.

Refusal to assist a constable, indictable, 27.

Refusal to appear upon summons before a magistrate, as a
witness, warrant, 39, and form of it, 40; refusal to be
sworn, or examined, &c., commitment, 41, and form of
it, 42; refusal to enter into recognizance, commitment,
48, and form of it, 50.

Registers of baptism, &c., how proved, 145; making false
entries in them, 563.

Registers of ships, how proved, 145.

Remand of prisoner by a magistrate, 36, 60; warrant, 37; or
he may be discharged on recognizance to appear, 57,
form of it, 38.

Removal of prisoner for trial in adjoining county, 47.
Removing piles, &c. fixed in the ground, for securing river or
sea banks, 513; indictment, 513; evidence, 513.
Replication to plea of auterfois acquit, 112; to a plea of
justification in libel, 317.

Reply, witnesses in, 169.

Reply at the trial, 170.

Repugnant, statement in indictment must not be, 91.
Rescue from prison, venue, 73; evidence, 142.

Resist apprehension, stabbing, cutting, or wounding, with
intent to, 262, 266; shooting or attempting to shoot,
with intent to, 274.

Respondeas ouster, judgment of, on plea of auterfois acquit,
113; on demurrer, 115, 116.

Restitution of stolen goods, when ordered, 192. 61.

Restitution, writ of, in forcible entry, 205.

Returning from transportation, venue, 73.

Revenue officers, assaulting, 287; indictment, 287; evidence,
283. See" Officers of the Customs."

Riding furiously, homicide by, manslaughter, 219; or by
riding a horse used to kick, amongst a crowd, murder,
214.

Right to begin, at the trial, 123.

Right to property, if parted with, on a constructive taking,
not larceny, 372. 374.

Ring dropping, larceny effected by the practice of, 377.
Riot, 588; indictment, 588; evidence, 588; authority of
magistrates, constables, and private persons in suppress-
ing, 23-25; how if the rioters remain together more
than an hour after proclamation, 25. 29. 591; bail, 55.
Killing rioters, when justifiable, 223. 25. 239.

Riotously beginning to demolish a church, house, &c., 494;
indictment, 494; evidence, 494.

Ripping, cutting, or breaking lead, iron, &c., fixed to build-
ings, with intent to steal, 412; indictment, 411; evidence,
412.

Right, claim of, in larceny, its effect, 365.

River, offence committed during a voyage on, venue, 65.
River banks, breaking down, and overflowing lands, 512;
indictment, 512; evidence, 512. Removing piles, &c.,
fixed in the ground, for securing them, 513; indictment,
513; evidence, 514.

Robbery, 417; indictment, 417. 96; evidence, 418 princi
pals, 423. Robbery and wounding, 424; indictment,
424; evidence, 425; verdict, 424. Assault with intent
to rob, 423. 629; indictment, 425; evidence, 426.

Robbery on the seas. See "Piracy."

Roman catholic chapels, setting fire to, 493.
Rooting up trees, 506.

Rout, what, 590.

Rules of the poor law commissioners, how proved, 145.
Running down a boat by a steam vessel, homicide by, in what

cases manslaughter, 219. 9.

S.

Sacrilege, 350; indictment, 350; evidence, 351. 352.
Saplings, destroying or damaging, in a park, pleasure ground,
&c., 506.

Sark, island of, backing warrants in, 34.

Savings' bank, embezzlement by clerk of, 451.

Science, matters of, in a museum, destroying or damaging,
521, 522.

Scotland, marriage in, 612; backing a warrant in, &c., 34.
Sea, offences at, admiral's jurisdiction of, 66, 67; where and
before what court to be tried, 68; warrant to apprehend
the offender, 35; to what gaol committed, 44; costs, 188,
See "Piracy:"

Sea-banks, breaking down, and overflowing lands, 512; in-
dietment, 512; evidence, 512. Removing piles, &c.,
fixed in the ground, for securing, 513; indictment, 513;
evidence, 514.

Seals, great, &c., forgin 563. Forging the seal of a corpo-
ration, 563.

Seamen, impressment of, 28; homicide in, when justifiable,
when manslaughter, when murder, 248.

Seamen turning pirates, a running away with the ship or
goods, &e., 484.

Secondary evidence, in what cases, 131; search for lost

writing, before secondary evidence can be given of it, 137.
Second offence, sentence for, when it may be to commence
after the expiration of the punishment for the first, 185.
Seconds in a duel, if death ensue, guilty of murder, 235;
seconds in a prize fight, if death ensue, guilty of man-
slaughter, 236.

Securities, valuable, stealing, 391; indictment, 391; evidence,
392; valuable securities, what, 391.

Se defendendo, homicide, in what cases, 223; se et sua de-
fendendo, homicide, in what cases, 225.

Self-murder, principal in the second degree in, 252.

Sending any explosive substance to a person, with intent to do
grievousy harm, 279; indictment, 279; evidence,

280.

Sending a letter threatening to accuse of crime, with intent to
extort, 323; indictment, 323; evidence, 324; what a
sending, 324. Sending a letter demanding money with
menaces, 428; indictment, 428; evidence, 429; what,
a sending, 429.

Sentence, 180; of death, 180, how, where, and by whom exe-
cuted, 202;-of transportation, 182, how executed, 204;—
of imprisonment, 182, how excuted, 204;-of hard labour,
183;-of whipping, 184. Sentence, where the party is
in custody for another offence, 185.

Sentence, how proved, 142; sentence in the ecclesiastical
court, how proved, 143.

Separatists, affirmation of, 150.

Servant may justify homicide in defence of master, and master
in defence of servant, 225.

Servants, assaulting, 290; indictment, 290; evidence, 291.
Not providing them with necessary food, &c., 291; in-
dictment, 291; evidence, 291.

Servant, by direction of his master, letting thieves into the
house to steal, in order to detect them, 364.

Servants, larceny by, 442. 364. 375. 385, 386, 387. 393. 12;
indictment, 442: evidence, 443.

Servants, embezzlement by, 446; indictment, 446; evidence,
449.

Servants of ambassadors, how far dispunishable in this
country, 8.

Service of notice to produce, 139, 140; of summons from a

magistrate, 32.

Setting fire to a house, out-house, &c., 485; indictment, 485;
evidence, 486.

Setting fire to a house, any person being therein, 489; indict-
ment, 489; evidence, 490.

Setting fire to farm buildings, 491; indictment, 491; evidence,
491.

Setting fire to hay, straw, &c., in a farm building, with intent
to set fire to the building, 492; indictment, 492; evi-
dence, 492.

Setting fire to a church or chapel, 493; indictment, 493;
evidence, 493.

Setting fire to crops of corn, plantations, &c., 502; indict-
ment, 502; evidence, 503.