607

INDEX.

ABORTION; see " Procuring Abortion."

ABDUCTION,

of any woman on account of her fortune with intent to
marry her, 1

of any girl under the age of sixteen from her parents or
temporary guardians, ib.

stat. 9 Geo. 4, c. 31, s. 19, takes its origin from stat.
3 Hen. 7, c. 2,-1, note

form of indictment on this statute, ib.
cases unprovided for by the act, 2, note

indictment will lie if the woman at first refuses, though
she afterwards consents, ib.

and so, if she afterwards refuses, though she
at first consents, ib.

if a refusal in one county, and consent in
another, indictment will only lie in the
former county, ib.

ACCEPTANCE on bill of exchange, forgery of, 216

ACCESSORY

before the fact may be tried as such, or as a substantive
felon, &c., 2

may be tried in either county where offence committed in
two counties, ib.

before the fact in abduction, bigamy, assaults, child-
stealing, rape, and unnatural crimes, 10

before the fact in larceny, robbery, embezzlement, sacri-
lege, and other offences under the Larceny Act, how
punishable, 319

before the fact in malicious injuries, 373

before the fact in murder, 386

before the fact in forgery, 145, 148, 155, &c.

after the fact may be tried by any court having jurisdic
tion to try the principal felon, 3

observations on the alteration of the law as to accesso-
ries, ib. note

receivers of stolen goods may be tried as, see tit. "Re-
ceiving Stolen Goods."

may be outlawed before outlawry of principal, 521

ADDITION, plea of, want of, 248, note, and 253

ADHERING to the king's enemies, 229

AFFRAY

statute of Northampton, 4

none to ride in harness, or with launcegays, ib.
confirmation of former statutes, 5

definition of the word, 4, note

AIDING ESCAPE; see tit." Escape."

ANCHORS, receiving stolen, see "Receiving Stolen Goods."
ANIMALS, cruelty to (Mr. Martin's act), 376

ANSWER, in chancery, where perjury cannot be committed in,
471, note

ARMOUR; see "Stores."

ARRAIGNMENT; see "Trial."

ARREST; see "Warrant."

of clergymen during divine service, 7

ARSON; see also title "Burning.”

setting fire to a church, chapel, house, or certain build-
ings, 5

statute 7 & 8 Geo. 4, c. 30, founded on 43 Geo. 3, c. 58,

s. 1-5, note

difference between them, ib.
indictment for arson, ib.

at common law, ib.

under the statute, 6, note

as to the act of burning, ib.

as to the venue, ib.

as to the species of property, ib.

as to the possession, ib.

as to the interest, ib.

on an indictment for burning B.'s house,
proof of an intent to burn A.'s house
sufficient to support the averment of
malice, ib.

fact of burning primâ facie evidence of
malicious intent, ib.

ASSAULT; see "Smuggling" and "Rescue."

attempting to murder by poison or violence, capital, 6
shooting at, or wounding any one, with intent to rob or
maim, capital, 7

arresting a clergyman during divine service, ib.
assaulting officers and others in their endeavours to save
shipwrecked property, ib.

with intent to commit felony, 8

on peace officers, ib.

in pursuance of a conspiracy to raise wages, ib.

on seamen, to prevent them from working, punishable
summarily, ib.

ASSAULT (continued):

with intent to obstruct the buying or selling of grain,
punishable summarily, ib.

common assaults, punishable summarily, ib.

if complaint dismissed, the magistrates to make out
a certificate to that effect, 9

convictions or certificates, a bar to future proceed-
ings, ib.

not to apply to aggravated cases, ib.

nor to cases in which the title to property, or the
execution of process, is concerned, ib.

master of a merchant vessel forcing a seaman on shore,
or refusing to bring him home, liable to imprison-
ment, 10

mode of trial, ib.

provision for accessories to such offences, ib.

provision for offences of this nature committed at sea, ib.
provisions for offences of this nature punishable on sum-
mary conviction, ib.

limitation of time for summary proceedings, 11

terms of conviction, ib.

stat. 9 Geo. 4, c. 31, not to repeal any act relating to
high treason, or the revenue, or combination of
workmen, 12

not to extend to Scotland or Ireland, ib.

11th and 12th section of, founded on 43 Geo. 3,
c. 58, s. 9, 12, note

form of indictment upon, ib.

cases relative to, ib.

what intent necessary, 13 note

ASSIGNMENTS of Perjury, 477, note

ASSIZES; see " Trial."

commissions not opened on the day named therein may
be opened the following day, 13

the cause of delay to be certified to the chan-
cellor, and enrolled, 14

lodgings of the judges at county assizes to be construed
to be within the county at large, as well as within
the county of the town, 14

ATTAINDER:

not to extend to disinheriting any heir, except for high
treason, 15

by outlawry, 521

ATTORNEY:

BAIL:

any person convicted of forgery, perjury, or barratry,
practising as an attorney, to be transported, 25

By Writ of Habeas Corpus.

Writs of habeas corpus, within three days after service,
to be returned, and the body brought, if within
twenty miles, &c., 16

proceedings thereon in vacation time, ib.12
persons neglecting two terms to pray a habeas
corpus, shall have none in vacation, 18
officers, how to be proceeded against for not obeying such
writs, 18

persons set at large not to be recommitted but by order
of court, ib.

persons committed for treason or felony shall be indicted
the next term, or let to bail, 19

1

and tried the term after, or discharged, ib.
not to discharge persons charged with civil process, ib.
no persons to be removed from custody, except by this or
some other legal writ, ib.

penalty for denying a habeas corpus, 20
may be directed to privileged places, ib.

prosecutions for offences against the act of habeas corpus
to be commenced within two years, ib.

after assizes proclaimed, prisoner not to be removed by
this writ, but brought before the judge of assize, ib.
in suits for offences against this law, the defendants may
plead the general issue, 21

no accessories before the fact to petty treason or felony
to be removed by this writ, ib.

extended, by 56 Geo. 3, c. 100, to cases where a person
is confined otherwise than for a criminal matter, ib.
non-obedience to writs issued under this act to be in con-
tempt of court, 22

writs issued in vacation to be returnable the next term,

and, issued in term, to be returnable in vacation, ib.
process of contempt may be awarded in vacation for dis-

obedience to writs issued under stat. 31 Car. 2, c. 2
this writ lies at common law, 23, note
power of courts of justice to bail, ib.

history of bail in criminal cases, ib.

whether or no the writ issues as of course, 24, note
returns to the writ,

cannot be questioned, ib.

sufficient or insufficient, ib.

In bailing felonies four sureties required, ib.

Before Justices of the Peace:

who may be admitted to bail on a charge of felony, and
who may not, 24

bailee has a special property in goods, 327, note

how goods under his care may be laid in indict-
ment, ib.

BANK OF ENGLAND, embezzlement by clerks at, 103
meaning of the word intrusted, under 15 Geo. 2, c. 13,
104, note

BANK OF ENGLAND (continued):

whether a bank note cancelled is within the stat. qu., ib.
forging notes of, 151, et seq.

BANK OF A RIVER, damaging, 369

BANKERS (Private.)

making frames, &c. for paper with their names appearing
in the substance of the paper, 219

embezzlement by, 99

BANK NOTES (included under " Valuable Security"), 308
BANKRUPTS,

non-surrender and embezzlement by, 103.

embezzlement to the amount of 10. felony, ib.

essence of offence that the goods embezzled should be of
the value fixed by the act

perjury by, 488

libel to publish that a tradesman is a bankrupt, 362, note
BAPTISM, forgery in register-book of, 197

BARRATRY:

persons convicted of, practising as attorneys, to be trans-
ported, 25

no one can be a barrator in respect of one act only,
26, note

concealing the birth of, an indictable misdemeanor,
522, 523, note

cannot be described by his mother's name in an indict-
ment for the murder of him, unless he have gained
the name by reputation, 389, note

person claiming to be father of, not indictable for child
stealing, 57

BATTERY; see "Assault."

BENCH WARRANT; see "Process."

BIGAMY:

punishment of, 26
place of trial, ib.

exceptions, ib.

not punishable before stat. 9 Geo. 4, if the second mar-
riage took place out of the jurisdiction of the law
of England, 26, note

nor if the first consort had been abroad for
seven years, though known to be living, ib.
in prosecutions for, what must be proved, 27, note
what marriages come within the law, ib.