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OATH-continued.

Affirmation, when substituted in its place, 536, 492
Voluntary, 527, 528

OATHS,

Justices taking at sessions, 169

Refusal by juror or witness to take, 99
By officer appointed to office; see OFFICES
To be taken by dissenting preachers, 170
Administering improperly, 157

OBSTRUCTING,

Execution of law, 309

Highways; see NUISANCE

By distributing bills, loading carts, 311, 312
OCCUPATION,

Right of way for, 384, n.; see SERVANT
Of a house by leaving chattels in it, 820

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
execution of it, 429

For refusing to service the office of overseer, 430

For not appeariny when summoned as a juror on a coroner's inquest, 431
Extortion, oppression, and fraud in, 432

Extortion, what, and how punished, id.

Corrupt exercise of authority by magistrates, how punishable, 434; see JUSTICES
Form of indictment against a constable for extorting money under colour of
discharging a bench warrant, 433

Against a toll-collector for extorting toll from one who had compounded, id.
Neglecting duties of public office, when indictable, instances, 434

Form of indictment against

A constable for neglecting to execute a justice's warrant for the apprehension
of a person, 435

A head borough for refusing to convey a party to gaol committed by a jus-
tice, id.

A township, for burying a corpse after violent death, without notice to the
coroner, 436

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

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A high constable for not obeying an order of sessions, 441

The stewards of a friendly society for disobeying an order of justices, 441
Forms of orders, in case of

Apprentices; see APPRENTICE

Goods unlawfully removed; see DISTRESS

Require somewhat less technical nicety than conviction, 615
But cannot be returned there and filed in amended form, 870
Appealed against should be returned to sessions, 638, 956
Margin is considered part of, 859

ORDER OF REMOVAL; see REMOVAL OF PAUPERS
By borough magistrates, 4

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
Disobeying; see ORDER OF JUSTICES

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
From what jurisdiction process of outlawry may issue, id.

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
Compelling appointment of, 669

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
poor-law unions, 700, 701

Accounts of, how still examined and allowed, in places where no such auditors
exist, 700

Inspection of their accounts, 701

OVERSEERS-continued.

Appeal lies against allowance of their accounts to next practicable quarter
sessions after examined and allowed by justices, 701, 702

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
What justices cannot vote at, 706

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
May be paid from poor's rates, 704

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
Enduring punishment amounts to, 539

To convict after transportation, 586

In what cases crown may grant, 988

To accomplices admitted witnesses, by committing magistrates, 989; see
ACCOMPLICE

Obtaining after conviction at sessions, 990, 991

Fees on, abolished, 991

Effect of transportation and subsequent remission of part of sentence, id.;
see 586

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
clergy, 993

Pardons on condition of imprisonment in Penitentiary to hard labour, id.
Pardons on condition of quitting kingdom by voluntary transportation, 994
PARENTHESIS, 196

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
Parish constables how appointed; see CONSTABLE

PARISHIONER; see INHABITANT-WITNESS

Quære if finding a man a parishioner of A. is finding him settled there. Reg.
v. Ecclesal Bierlow, 11 Ad. & E. 607; see 6 Ad. & E. 885

PARK; see DEER

PAROCHIAL ASSESSMENT ACT, 684

PARTICULARS,

Of specific charges allowed in prosecutions for embezzlement, 217
So in barratry nuisances &c. id., 290

PARTY,

May advocate his own charge or defence, 151

To appeal; see APPEAL

PARTNERS IN TRADE,

Cannot be guilty of stealing partnership goods, 246
Stolen goods of, how laid in indictment, 215, 256
Describing in indictment, 215

PARTY GRIEVED OR CONCERNED; See COSTS (of Certiorari)
Who is, in order to have right to appeal, 617, 624, 971

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
Was always competent witness, for he must be maintained at all events, 2 T.
R. 267

Is not a 66

party to appeal" so as to make admission by him evidence. Reg.
v. Ecclesal Bierlow, 11 Ad. & E. 607; see ADMISSION

Access to, by appellants provided for; see REMOVAL

Subpœnaing to give evidence on appeal against order of removal; see id.
PAYMENT, 242

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
Trying at sessions in Middlesex, 314

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
officer's direction, 483, 489

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
Exhausting jury panel by death, challenges, and course to be taken, 491;
see 487

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
Son serving for father who is called as a talesman, effect, 492

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-
ness absent, &c., 568

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
to attend, 12

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