EVIDENCE-continued. To contradict or discredit witnesses, 561 To character of party accused, 563 Evidence for prosecutor in reply to that for the accused, 564 Written agreement shown on cross examination to exist, must be produced by EXAMINATION; see DEPOSITIONS, REMOVAL (order of), WITNESS Except in case of soldier, 526 Of prisoner, when read, and how proved on criminal trial; see CONFESSION, Of prisoner, when evidence as to settlement, 526, 527 Of pauper, upon removal, how taken and sent to parish of his settlement, 734 Of witness before magistrate, cannot be read or used before grand jury, 174 EXCEED, Not exceeding" 891 EXCHANGE, When larceny, 243 EXCISE, Licence for selling liquors and beer, &c. on premises; see ALEHOUSE Does not incapacitate witness; see WITNESS EXECUTION, Describing ownership of goods taken in, 256 EXECUTORS AND ADMINISTRATORS, 217, 247; see LARCENY EXETER, Trying offences in, 163 EXHIBITING, Lights, 207 EXTORTION; see OFFICE EXTRA PAROCHIAL PLACE, Removal to or from, 717, 712 EXTRACTS, 550, 817 FAC SIMILE, 219, 227 FACTS, sessions are judges of; see GENERAl Quarter SESSIONS FALSEHOOD OR PRETENCES, 312, 326; see CHEAT AND FALSE PRETENCES FALSE ACCOUNT, ENTRY, &c. 288; see EMBEZZLEMENT FAMILY, 931 FATHER AND SON, &c. Same names of, 214 Son serving as juror for father, which last was called, 492 FEAR; see ABDUCTION, Stealing accompanied with putting in fear, 267 FEES, Of justices' clerks, 91 Of clerk of the peace; see CLERK OF THE PEACE FEES-continued. On discharge, in felony or misdemeanour, abolished, 154 and see 7 & S V On discharge, after acquittal on traverse, 591; see id. FELONIOUSLY, When requisite to indictment, 195, 196; see EMBEZZLEMENT Fatal, if inserted in indictment for obtaining goods by false pretences, 333, qy. Rejecting, as surplusage, 578 FELONY; see ATTAINDER, LARCENY, In point of law several felonies may be charged in one indictment, 189; see Should not be charged jointly with misdemeanours, 189, 190 Definition of, 234 What kinds prosecuted at sessions, 157, 303, 235 Party charged with may be convicted of a minor felony, but not of a misde- Semb. after demurrer held against defendant in a felony not capital, prisoner General punishment for, where none specially provided, 580, 365 Order of trial of felonies and misdemeanours, 473 FEME SOLE, Using maiden name in indictment after her marriage, 217 FENCES, Stealing, ripping, &c. metal fixed to private property or as fence for dwelling Summary punishment for stealing or cutting, &c. with intent to steal, 275 FERÆ NATURÆ, 238; see INDICTMENT, LARCENY FERRETS, 238 FERRY, 805 FIGURES, Not used in indictments, 226 FILLING UP, Printed form of notice, 631 FINALLY DETERMINED, 628 FINDING, When the detainer of goods found constitutes larceny, 239 FINES AND PENALTIES, Justices to pay over to sheriff before Michaelmas session, and send account of FINE, Judgment of paying, in misdemeanour, 587 Joint award of one fine against several defendants bad, 921, 589; see 892 Levying fines imposed at sessions, 589 FIRE, Setting, to stack of beans, 501 Fireworks, 421 FISH AND FISHERY; see ANGLING Offences relating to, under 7 & 8 G. IV. c. 29, 373 FISH AND FISHERY-continued. Indictments for, Taking fish in water adjoining or belonging to a dwelling-house, 374 Putting lime into it, 375 Forms of convictions for, Taking fish in water not adjoining a dwelling-house, 918 Angling in water adjoining the dwelling-house, 919 Angling in water not adjoining a dwelling-house, 920 Rating fishery, 674 Conviction for fishing in fishery, 880 FIXTURE, Stealing, 270-272; see 239 Stealing by lodger from lodging, 282 FLYING for it, found in old trials of felony, 583, 591 FORCE, Continuing, effect of, as to venue, 161 FORCIBLE ENTRY AND DETAINER, Offence at common law, 375 Offence by statute, 376 Detainer may be forcible, if entry, though not so, was unlawful, id. No distinction between degree of force requisite to sustain an indictment for, "With strong hand," 376 Restitution can only be had on indictment under the statutes, 377 A colourable title to the possession in prosecutor will suffice, id. In prosecution on the statutes, the prosecutor is now a competent witness, 542 By wife on husband's premises, id. n. Forms of indictment for, Forcible entry and detainer at common law, 379 Forcible entry into freehold premises under 5 R. II. c. 8, id. Under 21 Jac. I. c. 15, for entry into leasehold or other premises, 380 Form of conviction on 8 H. VI. c. 9, for forcible entry and detainer of pre- FOREIGNER; see SETTLEMENT BY PARENTAGE FOREST, 280 FORESTALLING, 380 FORFEITURE, Of felons, personalty, rights, &c., 577, 992 FORGERY, Not cognizable by sessions, 158 Of a promissory note for less than 20s., 329 Forged request for delivery of goods distinguished from forged order for pay- ing vagrant's expenses, 330 FORM; see SPECIAL ENTRY FORM IN STATUTE, When imperative, 28, 907 FORTHWITH, 318, 629, 641, 644, 906 FOUNDLING HOSPITAL; see SETTLEMENT BY PARENTAGE A fact to be found by sessions, 938, 939, 944; see SPECIAL CASE FRAUDS, In the way of trade, indicting, 312; see CHEAT Of goods by tenants, 869; see DISTRESS FREE Freehold, stealing things annexed to, 239-272 FRESH, Bill against prisoner, 321 Taking, 245; see ESCAPE FRIENDLY AND LOAN SOCIETIES, Property of friendly society how laid in indictment for larceny, 216 FRIVOLOUS AND VEXATIOUS, Defence to indictment for not repairing highway, 406, 408 FROM AND TO, 401 FROM AND THROUGH, id. FRUIT; see VEGETABLES FRUIT TREES, young, 276 GALLIES, 593, n. GAME, Stealing tame partridges, &c., 457 First offence in unlawfully being in land at night with an engine for destroying Second offence, six months, id. Third offence, misdemeanour, punishable (by quarter sessions) with transport- Same law as to unlawfully taking game or rabbits on public road or path or Power of apprehending offenders, and punishment of resistance, 382 Former convictions, how proved, id. Meaning of the terms "night," and "game," in the act, 383 Offence where three or more go together at night, any of them being armed, All prosecutions to be within twelve months, id. Gamekeeper may apprehend poacher without giving notice of his purpose, 386, Form of indictment at sessions, For taking game or rabbits by night, after two convictions, or in entering land For assaulting owner, occupier, yamekeeper, or servant, &c., 385 Precedents of summary convictions for offences relating to, For a first offence, under 9 G. IV. c. 69, in being in a close at night with For a second offence under same section, 925 For third offence on 7 & 8 G. IV. c. 29, s. 30, for taking hares or conies in On same section, for setting snares for taking hares or conies in warrens or For trespassing on land in pursuit of game or woodcocks, &c. 926 GAME-continued. For killing game without a certificate, 927 For using a dog, gun, &c. for killing game without certificate, id. see. 929 928 No certiorari lies to remove convictions, &c. on Game Act (1 & 2 W. IV. Charge in information on Game Act for trespass need not be on oath of in- GAMEKEEPER, Form of indictment for assaulting; see ASSAULT GAMING, Form of indictment for assault on account of; see Assault GAMING HOUSES, 217, 427, et seq.; see NUISANCE GAOL AND GAOLER; see BOROUGH GAOLS, ESCAPE AND RESCUE, HOUSE Duty of, to attend sessions, and when there, 118 Journal to be kept by, and produced at sessions, id. To make report of actual state of prisons at sessions, and answer enquiries, 118 Yearly return by, of state of prison, id. Must send calendar of prisoners, and their sentences, to secretary of state after Must deliver to sessions calendar of his prisoners in house of correction, 120 Salary and annuity to, when superannuated, 1016 Gaol sessions; see BOROUGH (GAOLS) Duties of quarter sessions as to, 1038 GARDEN; see VEGETABLES GAS WORKS, RATING; see POOR'S RATE GATE; see FENCES, CURTILAGE GELDING, 223 GENDER, 222, 223 GENERAL ANNUAL LICENSING MEETING; see ALEHOUSE GENERAL ISSUE, Justice justifying under; see JUSTICE GENERAL SESSIONS OF THE PEACE; see GENERAL quarter SESSION Are, in common parlance, same as quarter sessions, 71 Only kind of, usually holden, is general quarter sessions, except in Middlesex, Original intermediate general session in Middlesex, 61, 62 By whom and how convened, Adjourning, id. 62 Precept to sheriff necessary, 62, 63 Form of precept, 68 But if parties attend, though without precept, proceedings valid, 63 Precept for, can only be superseded by writ out of chancery, id. Whether two general sessions may be holden in a county at the same time, id. |