OATH-continued. Affirmation, when substituted in its place, 536, 492 OATHS, Justices taking at sessions, 169 Refusal by juror or witness to take, 99 OBSTRUCTING, Execution of law, 309 Highways; see NUISANCE By distributing bills, loading carts, 311, 312 Right of way for, 384, n.; see SERVANT OF, 249 Imports dwelling in, 722 OFFENCES, How prosecuted at sessions, 139 Hour of committing, when stated, 208 Indictable; see MISDEMEANOUR, INDICTMENT Over which sessions have jurisdiction, enumerated, 156, et seq. OFFICE AND OFFICER, Indicting by name of office, 177 Settlement by serving; see SETTLEMENT OF POOR Officer returning jury process, misnomer immaterial, 197 Refusing to accept, 429, or take the oath of office, 430 Refusing to take the oath of office, evidence of refusal to take on himself the For refusing to service the office of overseer, 430 For not appeariny when summoned as a juror on a coroner's inquest, 431 Extortion, what, and how punished, id. Corrupt exercise of authority by magistrates, how punishable, 434; see JUSTICES Against a toll-collector for extorting toll from one who had compounded, id. Form of indictment against A constable for neglecting to execute a justice's warrant for the apprehension A head borough for refusing to convey a party to gaol committed by a jus- A township, for burying a corpse after violent death, without notice to the A coroner for refusing to take an inquisition, 437 An innkeeper for not receiving a guest, he having room at the time, 438 OLD BAILEY, 177, 953; see MIDDLESEX OMNIA PRÆSUMUNTUR RITE ESSE ACTA, 784 OPEN OR INCLOSED GROUNDS; see GAME, DEER OR as distinct from AND, 218, 661; see ALTERNATIVE, COPULATIVE ORDERS RELATING TO HIGHWAYS; see HIGHWAY A high constable for not obeying an order of sessions, 441 The stewards of a friendly society for disobeying an order of justices, 441 Apprentices; see APPRENTICE Goods unlawfully removed; see DISTRESS Require somewhat less technical nicety than conviction, 615 ORDER OF REMOVAL; see REMOVAL OF PAUPERS Confirmed on appeal final, 852, 650, exception, 650 ORDER OF SESSIONS, Effect of its confirming an order of justices bad on the face of it, 650 Parol evidence may be given to explain its grounds, 853 Quashing it in part, 645 Reasons of, how collected, 650 Costs where order of removal removed by certiorari is quashed in part, 972 ORDINARY, 217, 247; see LARCENY ORIGINAL, Is evidence, where copy is, 526 Too late to produce, after copy admitted, 517 OTHERS, As to this term in indictment, 352 OUTLAWRY, Proceeding to, after bill found or articles of peace exhibited, 229 Day from which accrues, 207 Amounts to conviction, even in capital case, 229 For capital crime, is equivalent to attainder, 294, 985 In misdemeanour, 229, 588, 589 In cases of felony is in itself attainder, 985, 986 Exigent in case of misdemeanour, id. Clerks of peace to certify names of parties outlawed into queen's bench, 986 Exigent, what, 229, 987 Reversing judgment after, 197 Effect and reversal of, 987 OVERSEERS; see REMOVAL, OFFICE, WITNESS Appointed at petty session, 13 If householders need not be resident in parish, id. Property of, how laid in indictment, 215 Cannot be indicted for not accounting, 310 Appeal against appointment of, 699 Bound to account for money received on account of his office though illegally, 435 Special session to investigate their accounts, 700 This power of special session how far repealed, 700 New mode of auditing their accounts by auditors of district containing several Accounts of, how still examined and allowed, in places where no such auditors Inspection of their accounts, 701 OVERSEERS-continued. Appeal lies against allowance of their accounts to next practicable quarter Notice of, and waiver of notice, 702, 703. At hearing respondents begin, 704 What sums shall be allowed and disallowed in the accounts, 704, see 669 Judgment, costs, &c., id. Appeal against disallowance of overseers' accounts, To special sessions, 707, 708 Recognizance &c., before entering, 708 Hearing and judgment, 709 Certiorari taken away, id. Costs to overseers, prosecutors on indictment removed by certiorari, 971 Assistant overseer not recognized by courts, 669 His appointment should be produced, id. OWNERSHIP OF GOODS, How laid; see LARCENY OYER AND TERMINER, Commission of, in Middlesex; see MIDDLESEX Quarter sessions is not a court of, for all purposes, 160, 502, Qu.; see 64 PAPER, Stealing pieces of, 258, 259; see 288 PARCEL, 337 PARCENERS, Describing in indictment, 215; see PARTNERS PARCHMENT, Stealing parchment on which record is written, 238 PARDON; see ATTAINDER Granting under great seal, or by sign manual, 540, 992 To convict after transportation, 586 In what cases crown may grant, 988 To accomplices admitted witnesses, by committing magistrates, 989; see Obtaining after conviction at sessions, 990, 991 Fees on, abolished, 991 Effect of transportation and subsequent remission of part of sentence, id.; Effect of pardon as to fines and penalties, 992 Grantable under sign manual, id.; see 540 Capacitating effect of suffering the discretionary punishment substituted for Pardons on condition of imprisonment in Penitentiary to hard labour, id. PARISH, In two counties, 717, 718 Effect of dividing into townships, 717 Is not taken to contain more towns than one, 249 Aforesaid, 205, 262; see 195 Alleging, in indictment, 209 Alleging non-existing parish in indictment, 212 Rating in two parishes, 690 PARISH-continued. Parish officers, in fact, 755 To deliberate before appealing, and majority to act, 618, 622, 755 PARISHIONER; see INHABITANT-WITNESS Quære if finding a man a parishioner of A. is finding him settled there. Reg. PARK; see DEER PAROCHIAL ASSESSMENT ACT, 684 PARTICULARS, Of specific charges allowed in prosecutions for embezzlement, 217 PARTY, May advocate his own charge or defence, 151 To appeal; see APPEAL PARTNERS IN TRADE, Cannot be guilty of stealing partnership goods, 246 PARTY GRIEVED OR CONCERNED; See COSTS (of Certiorari) By refusing alehouse licence; see ALEHOUSES PASSES, Of discharged prisoners, 590 Of vagrants; see VAGRANT Of poor inhabitants of Alderney, Sark, Shetland, 716 PAUPER, Death of, after suspension of his order of removal, 737 May himself appeal against order of removal, id. Becoming able to support himself by change of circumstances, 721, 729 Is not a 66 party to appeal" so as to make admission by him evidence. Reg. Access to, by appellants provided for; see REMOVAL Subpœnaing to give evidence on appeal against order of removal; see id. To person unauthorized to receive, 285 PEACE. Tending to breach of, 125, 141; see ARTICLES OF PEACE PEDIGREE; see HERALD PEER; see DIGNITY, INDICTMENT How described when prosecutor, 213 When prisoner, 203 Irish, described, 213 When may be a juror, or challenged for being such; see PETTY JURY PENAL AND PENALTY, Penal distinguished from criminal, 949, 950, 648, 524, 73, 75 Penalty implies prohibition without prohibitory words, 311 PENITENTIARY; see tit. JUDGMENT and DISCHARGE PERJURY and SUBORNATION, Not triable at sessions, 157, 158 Bill for, found by grand jury at sessions will not be tried at assizes, 158 PERSON, Stealing goods under protection of, 244, 268 PETTY JURY; see JURORS Calling into box, 482 Informing prisoners of right to challenge, 482 No challenge good till full jury appears, or after any juror takes book in hand by direction of officer, 483 Severing in challenges to, 483, 188 To the array, what, 483 Must be in writing, 484 Principal causes of challenge to the array, 483, 484 Challenge to the array for favour, 484 To the polls, 485 Peremptory, Twenty, in felony, by prisoner, id. Not in misdemeanours, id. Not in collateral issues as identity of prisoner, 474 Crown may challenge peremptorily in felony, till panel exhausted, 486; see 491 For causa, 487 Propter honoris respectum, e. g. peer, id. Propter defectum, viz. personal incapacity, id. Propter affectum, viz. bias, 488 Propter delictum, viz. crime, though pardoned, id. For suspicion of favour, i. e. partiality, 489 Time of challenge to the polls is before any juror has taken the book by Challenges (for cause) determined by triers, 489 Oath of triers, id. 490 What questions a juror may be asked before triers, on the voir dire, 490 Tales, 492 Swearing and counting jury in felony, id.; in misdemeanour, id. Affirming by them, id.; see 538 Charging the jury with the prisoner, in felony, 493 Time for charging them with previous conviction of offender for felony, 493 Deliberation of, on their verdict, 570; see TRIAL Restrictions as to fire, candle, and food, id. Effect of separation, 571 When may take papers with them, id. Discharging jury, and withdrawing a juror where prisoner or juror ill, wit- Or when after jury sworn indictment is found to be clearly bad, 499 Verdict, 571 When jury may convict of part of charge in a count, 571 What to be done when the verdict amounts to acquittal, 572 Special verdict, 573 Form of delivering verdict, id. Pronouncing, altering, and recording it, 574 Proving identity of prisoner as having been previously convicted of felony, 499 Protection of jurors, 575 PETTY SESSION, Meeting of two justices at same place, 8 Power of, to bail in felony, 9 When a meeting of two justices is expedient, though one justice may proceed alone, 11; see BAIL Right of parties to be assisted by attornies and counsel at, and of the public |