Forcible entry, 206; punishment, 201; indictment, 200; evi-
dence, 201, 202.
Foreigner, entitled to be tried by a jury de medietate linguæ,
238. See "Jury."
Forgery at common law, the Sessions have not cognizance of, 4.
Friendly Societies, their rules to be allowed and confirmed by the
Justices at Sessions, how, &c. 391.
Gamekeeper, assault of, in the night-time, by a poacher, 203;
punishment, 203; indictment, 203; evidence, 204.
Gaolers and keepers of houses of correction, 19.
Gaols and houses of correction, duties of Justices at Sessions
respecting, 394: as to building and repairing, &c. 394, 395;
appointing visitors, 395, chaplain, surgeon, &c. 395; or-
dering salaries, 395; directing the classification of prisoners,
395, &c.; at the Michaelmas Sessions, the reports of the
visiting magistrates and chaplains, to be laid before the
Justices, and when approved by them to be transmitted to
the secretary of state, 396.
Gaols, materials for the building or repairing, ownership how
described in larceny, 118, 119. See “ Indictment.”
General Sessions, what, 1; where and in what cases they may
be holden, 16; where there are General Sessions intervening
between Quarter Sessions, an appeal against an order of
removal must be to the Quarter Sessions, 296; but where
there are only General Sessions, and no Quarter Sessions,
the appeal must be to the General Sessions, 296.
Gentoos may be witnesses, 145.
Grand jury, 236; see " Jury." How and by whom summoned,
13, 238; when and how called, 239, sworn, 239, and
charged, 240; they may find a true bill as to one count,
and ignore the rest, 135; but they cannot find a true bill as
to part of a count only, and reject the remainder, 126.
Grounds of appeal, when to be stated in notice of appeal, and
how, 277-279; effect of their being stated, 279; how
stated in notice of appeal against an order of removal, 301,
form, 301, 302; how, in an appeal against a poor rate, 330,
form of it, 331, and effect of it, 333, 334; how, in an ap-
peal against diverting and stopping a highway, 371. See
Appeal."
Guilty knowledge, evidence of, 128, 190; presumed from acts,
Habeas corpus, writ of, to bring up a witness who is in prison, 155.
Hand, holding up, not a necessary part of the arraignment of a
prisoner, 244, 245; reason of it, 244, 245.
Handwriting, how proved, 144.
Hard labour, in what cases, 258, 259.
Hearsay, when evidence, 151; what has been said by a person
as to his settlement, not evidence, 307. See "Evidence."
Hearing of an appeal, proceedings at, 283; at the hearing of an
appeal against an order of removal, 305; of an appeal
against a poor rate, 331; of an appeal against the appoint-
ment of overseers, 339; of an appeal against the allowance
of overseers' accounts, 343; of an appeal against the dis-
allowance of overseers' accounts, 364; of an appeal against
a county rate, 368; of an appeal against stopping up a
highway, 371; of an appeal under inclosure acts, 374; of
an appeal against a conviction, 386; of an application in
bastardy cases, 402, 405, 406.
Highway, what, 215: it may be a carriage-way, foot-way, or
foot and horse-way, 215; dedication of it to the public by
the owner of the fee, 215-218. What highways a parish
is bound to repair, 216–220; how, under inclosure acts,
218; how, where the highway forms the boundary between
two parishes, 219, 220. In what cases an individual may
be bound to repair, 224. Not repairing a highway, 214;
fine, 215; indictment, 214, 219; evidence, 215-220;
witnesses, 220; costs, 220: plea that a particular district
in a parish is bound to repair, 221, 222; evidence, 222,
223: plea that a particular person is bound to repair ratione
tenure, 223; evidence, 222, 224. Indictment against a
district of a parish, or a corporation bound by prescription,
or an individual bound ratione tenure, for not repairing
a highway; plea, evidence, &c. 224, 225. Presentments
for not repairing highways, abolished, 225. Carrying on
an offensive trade near a highway, 209; punishment, 209;
evidence, 209-211. Obstructing a highway, 211; pu-
nishment, 212; indictment, 211; evidence, 212-214;
what an obstruction, 212, 213; a public navigable river is
a highway, and an obstruction therein indictable, 213;
judgment that the nuisance be abated, in what cases, 212,
Highway, diverting or stopping up, 398: the surveyor, by direc
tion of the vestry, may apply to two Justices to view the
road, and certify, 398; and if on view it appear to them
that the road is unnecessary, or that it may be diverted so
as to make it nearer or more commodious for the public,
notices are to be set up at the ends of the road, and adver-
tized and affixed to the church door, 398, 399; form of the
notice, 399; on proof of which, and a plan of the old and
new roads being delivered to them, the Justices shall certify,
399, and the certificate, proof and plan shall thereupon be
transmitted to the clerk of the peace, who shall read and
enrol them at the Sessions next after four weeks from the
date of the certificate, 399, 400; and if no appeal, the Ses-
sions shall then make an order to divert or stop up the road,
400. Appeal against an order for stopping up a highway,
365. See" Appeal."
Highway, obstructing, 211; punishment, 212; indictment, 211;
evidence, 212-214; what, an obstruction, 212, 213; a
public navigable river is a highway, and an obstruction
therein indictable, 213; judgment that the nuisance be
abated, in what cases, 212, 214.
Highway, tools, &c. provided for the repair of, ownership of them,
how described in an indictment, 119.
Hiring and service, settlement by: authorities upon the subject,
Horse stealing, 171. See " Larceny."
Horseway, 215. See" Highway."
House. See " Dwelling House,"
House of correction. See "Gaol."
Husband and wife. See" Baron and feme."
Idiots and lunatics, dispunishable for crime, 79; if found insane
by jury, to be kept in custody during his Majesty's pleasure,
79; see "Mute;" how, if entitled to be discharged for
want of prosecution, 79; if found to have been insane at
the time of committing the offence, to be acquitted, but kept
in custody during his Majesty's pleasure, 79. They cannot
be witnesses, 146.
Ignorance, offences committed through, in what cases dispunish-
able, 82, 83.
Imprisonment, judgment of, for a subsequent felony, after an
imprisonment under a previous conviction, 257.
Inclosure Act, appeal under, 372. See "Appeal."
Incompetency of witnesses, 145-150. See" Witness."
Incorrigible rogues, convicted, the Sessions may order them a
further punishment, 401.
Indictment, generally, 116.
1. Commencement: form of it, 116; venue, 116, how,
when the offence is within 500 yards of the boundary of
a county, or begun in one county and completed in ano-
ther, 116, 168, how if the offence be committed in a coach
or vessel, &c., on a journey or voyage, 116, 168, how in
other cases, 116; in what cases aided by verdict, &c.,
2. Body of the Indictment: Description of the de-
fendant: name, addition of place, and addition of degree
or mystery, 117; if wrong, indictment to be amended,
117; in what cases against the inhabitants of a parish or
county, without naming any, 117; how defendant de-
scribed, to bring him within the purview of a statute, 117.
Description of the indictor or party injured, &c., 117:
name usually known by, 117; addition not necessary,
118; when described as a person to the jurors unknown,
118; how, in larceny of the goods of partners, &c. 118,
or of goods provided for repair of bridge, court, goal, &c.
erected at the expense of a county, &c., 118, 119, or of
goods provided for poor of a parish, &c. 119, or of tools
or materials for repair of highways, 119, or of buildings,
tools, &c. belonging to turnpike trusts, 119, or of pro-
perty under commissioners of sewers, 119.
Facts, &c. constituting the offence: all must be
stated; if any necessary fact, &c. be omitted, the indict-
ment will be bad, 119.
Time and place: time, how stated, 119; in indictments
for felony, must be stated to every fact, 120; how, in
misdemeanors, 120; time stated, must not be repugnant,
uncertain, or impossible, 120; defect, when cured by ver-
dict, &c., 120; not necessary to a charge of omission,
120; true time need not be stated, though prudent to do
so, 120. Place must be stated to every material fact,
120; formerly not only the county, but parish, must be
stated, 120, but now county sufficient unless by way of
local description, 121; if parish stated, it need not be
proved as laid, unless local description, 121.
It must be positive, and not by way of recital, 121;
want of direct allegation not supplied by intendment, 121.
It must be certain, 121; principal rule upon the
subject, 121; instances, 121, 122; want of it, in what
case aided by verdict, 122; uncertainty as to time, 122,
and in other respects, 122; charge in the alternative,
bad, 122.
It must not be repugnant, 123: instances, 123.
Technical words: feloniously, burglariously, wilfully,
maliciously, &c. 123; omission, in what cases aided,
123.
3. Conclusion of indictment at common law, 123; of
indictment upon a statute, 123; defects, in what cases
aided by verdict, &c. 124.
4. Joinder of offences: different counts for the same
offence, 124; different counts for different felonies, pro-
secutor may be put to his election, 125, but not in mis-
demeanors, 125. Counts for larceny and for receiving
the same goods, in the same indictment, not allowed,
125; and even two bills for different offences, founded
on the same facts, censured, 125; but a count for inciting
to two offences, or for assaulting two persons, good, 125.
5. Joinder of defendants: several engaged in the same
offence, may be indicted jointly or separately, 125; the
principal and accessory, or principal and receiver, may be
charged in the same indictment, 125.
6. Indictment, how found : Grand jury may find a true
bill as to one count, and ignore the rest, 125; but cannot
find a true bill as to part of a count only, and reject the
remainder, 126.
Indictor or party injured, how described in an indictment, 117—
119. See "Indictment."
Indictment, caption of, 31; not necessary to set out the names
of the grand jurors in it, 32.
Indictment, bill of, how preferred and found, 242.
Infant, at what age punishable for crime, 77, 78; may be a wit-
ness, in what cases, 146.
Information, criminal, 67. See “Criminal Information.”
Inhabitants of a parish, &c., indictments against, in what cases,
117. In what cases rated inhabitants are competent wit-
nesses for their parish, &c. 146, 147; in appeals against
orders of removal, they are not only competent witnesses for
or against their parish, &c. 305, but they are deemed par-
ties to the appeal, and as such their declarations are evidence
against their parish, &c. 306. So in an appeal against a
rate, rated inhabitants are competent witnesses, 334.
Inquisitions, how proved, 144.
Insane persons. See "Idiots," "Mute."
Intent, evidence of, 128; may be presumed from acts, 137.
Intent, felonious, in larceny, how proved, 165, 166.
Irons, prisoners in, may be brought to the bar and arraigned,
but the irons must be struck off before trial, 245.
Jews may be witnesses, 145; how sworn, 145.
Joinder of defendants in an indictment, 125. See "Indict-
ment."
Joinder of offences in an indictment, 124, 125. See "Indictment."
Joint-tenant, cannot be guilty of larceny of the joint property,
163, unless he steal it from a bailee, 163. Ownership of
joint-tenants, how described in an indictment, 118.
Journey; offence committed in a coach or vessel during a jour-
ney or voyage, in what county to be laid, 116, 168.
Judge. may be a witness, 146; exempt from serving on juries,
236.
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