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proof for the prisoner under the exceptions BROKER,

in the marriage act, 325.

BILL OF EXCHANGE,
forgery of, unstamped, 498.

degree of perfectness, 499, 500, 501.
averment of forged bill, not proved by
forged acceptance, 503.

bank post bill, cannot be described as, 625.
forgery of bill of exchange does not include
that of the acceptance, 513.
forgery of, stat. 1 Wm. 4, c. 66, 521.

must purport to be legally such, 522.
must be in a negotiable shape, 523.
drawn in pursuance of a particular
statute, id.
stealing of, 624.

BLANK WARRANTS,
illegal, 751.

BLASPHEMY,

at common law, 647.

by statute, 648.

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embezzlement by, 454.
BUILDINGS,

what buildings form part of the dwelling-
house, 348.

breaking and entering a building within the
curtilage, 435.

BUOYS,

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BURGLARY-continued.

proof of the intent to commit felony-
felony at common law or by statute, 365.
variance in statement of, 366.
minor offence, larceny, &c., 867.
proof of the breaking out of a dwelling-
house, &c., 368.

proof, upon the plea of autre fois acquit, 369.
on indictment for, prisoner may be con-
victed of larceny, 100.

BURIAL,

conspiracy to prevent, indictable, 409.
refusing to bury, indictable, 423.
burying without inquest, id.

of bodies cast on shore, 424.
register of, forging, 544.

destroying or counterfeiting, id.
BURNING. See Arson.

negligent burning, 286.

CANAL,

maliciously breaking down banks of, 617.
stealing goods from vessel on, 573.
CAPABILITY,

of committing crimes, 942 to 954.
CARRIERS,

larceny by, 598. See Larceny.
special property in goods, 637.
CARRYING AWAY,

what sufficient in larceny, 588.
CATTLE,

variance in description of, 102, 373.
stealing horses, cows, &c., 371.

killing with intent to steal, 374.
maiming, &c. of, id.

proof of the animal being within the stat.375.
proof of the injury, 376.

proof of malice and intent, id.

CENTRAL CRIMINAL COURT,
vendue and jurisdiction of, 258.
CERTIFICATE,

of commissioners of stamps, how proved
under 6 & 7 Wm. 4, c. 76, 656.
CERTIFICATE OF CONVICTION.
Conviction.

CHAIRMAN OF QUARTER SESSIONS,
cannot be called as a witness, 192.

CHALLENGE,

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CHARACTER-continued.

of general character of witness, when ad-
missible, 177.
CHASTISEMENT,

lawful, excuse in assault, 290.
excessive, causing death, 714.

assault with intent to chastise, resistance
to, 765.
CHEATING,

what cheats are indictable, 379.

affecting the crown and the public, id.
public justice, id.

false weights and measures, 380.

what cheats are not indictable, id.
bare assertion, id.

breach of contract only, 381.
CHEQUE

on banker giving, without effects, not indict-
able at common law, 381.

but is a false pretence under stat. id. 466,
467.

proof of forgery, 493.

is both a warrant and order for payment
of money, 527.

when not the subject of larceny, 626.
extorting by duress, 928.

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CLAIM,

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larceny by, 600.

punishment, 604.

COACHMAN,

furious driving by, 552.

finding goods in hackney-coach, 592.

of stage-coach, property may be laid in, 637.

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proof of guilty knowledge of coin being
counterfeit, 93.

proof of counterfeiting the gold and silver
coin, 388.

proof of the counterfeiting, 389.

proof that the coin is counterfeit, id.
proof of colouring counterfeit coin or metal
-and filing, and altering legal coin, 390.
proof of impairing or diminishing the coin,
391.

proof of uttering counterfeit gold or silver
coin, id.

proof of the simple uttering, 392.
proof of the compound offence of utter-

ing, having other false coin in pos-
session, 393.

proof of buying or selling counterfeit coin
for less value than its denomination-
importing counterfeit ccin, 395.

proof of having counterfeit coin in posses-
sion, 396.

proof of counterfeiting, &c., the copper
coin, 397.

proof of counterfeiting foreign coin, 398.
proof of uttering foreign counterfeit coin,
399.

proof of having in possession five or more
pieces of foreign counterfeit coin, id.
proof of offences with regard to coining
tools, 400.

conveying coining tools out of the Mint, 402.
venue, 402.

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COMPARISON-continued.

evidence of persons skilled in detecting for-
geries, id., 210.

COMPOUNDING OFFENCES,

felonies and misdemeanors, 404.
information on penal statutes, id.
misprision of felony, 404.

taking rewards for helping to stolen goods,
405.

advertising rewards, &c., id.
CONCEALMENT,

not in itself evidence of stealing.

of his effects by a bankrupt, 300, 305. See
Bankrupt.

of birth of child, 386.

on indictment for murder, prisoner may be
convicted of concealment, 387.

CONFESSIONS,

grounds of admissibility, 37.
effect of, in general, id.

party may be convicted on, alone, id.
with regard to degree of credit, 38.
must be voluntary, 39.

cases where inadmissible after promises,
id.

cases where held admissible, 41.
what amounts to a threat, id.

must have reference to temporal
matters, id.

inducement to confess-where held to
have ceased, id.

where held not to have ceased, 43.
proceeding from persons having no au-
thority, 46.

obtained by artifice or deception admis-
sible, 47.

by questioning admissible, 48.
cases where witnesses have made state-
ments, and have afterwards themselves
been tried for the offence, id.
compulsory examinations, 50.
evidence of facts, the knowledge of which
has been obtained by improper confes-
sions, 51.

evidence of acts done in consequence of
inducement admissible, 52.

declarations accompanying the delivery up
of stolen property, id.

only evidence against the party making
them, id.

whether the names of other persons men-
tioned by the prisoner are to be read,

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CONIES,

taking or killing in the night, 553.

CONSENT,

negative evidence of, 6. 80.

proof of want of, of father in prosecutions
for abduction, 265.

marriage of minor, without, 316.
CONSPIRACY,

acts and declarations of conspirators when
admissible, 84.

admissible as well for the prisoners as for
the prosecution, 88.

See Leclarations.

to commit burglary, 344:

proof of nature of conspiracy in general,
406.

to charge party with offences, 407.
to pervert the course of justice, 408.
relating to the public funds, &c., id.
to create riot, &c., id.

against morality and decency, 409.
to marry paupers, id.

affecting trade-to defraud the public, id.
by workmen to raise wages, 410.

to extort money from individuals, 412.
to defraud individuals, id.

to injure individuals in their trade, 413.
to commit a civil trespass, &c., id.
legal associations, 414.

proof of the existence of a conspiracy, id.
declarations of other conspirators, 417.
proof of acts, &c., done by other conspira-
tors, 418.

proof of the means used, 518.

cumulative instances, 420.

proof of the object of the conspiracy, id.
particulars of the conspiracy, 421.
cross-examination of witnesses, id.
venue, id.

to murder in Ireland, 422.
CONSTABLE. See Peace Officer.
CONTRADICTION,

of witness by party calling him, 178.
by other witnesses by opposite party, 182.
CONTAGION,

carrying about child with contagious dis-
order.
CONVICTION,

negative evidence in case of, 80.

proof of, to render witness incompetent,
136.

cannot be given in evidence in favour of
party by whose testimony it was pro-
cured, 141.

former conviction, proof of, 239.
summary, for assaults, 293.

former conviction, proof of, in indictment
for coining, 394.

on indictment for escape, 458.
against parish for not repairing, evidence
on another indictment, 577.
against townships, id.

for publishing one copy of libel, no bar to
another indictment, 655.

proof of guilt of principal in receiving, 868.
COPPER COIN,

offences relating to, 397.

COPY,

old copy of record when admissible, 198.
office copies, 199.

copies by authorized officers, id.
of public books, evidence, 205.
of marriage registers, &c., 544.
of newspaper, when evidence, 655.
CORN,

setting fire to stack of, 282.
CORONER,

depositions taken before, 77.

burying corpse without sending for, 423.
indictable for not performing the duties of
his office, 805.

CORPORATION,

copy of corporation books admissible, 205.
may be liable to repair of bridges, 335.
evidence in defence by, 336.

burglary in house of, 356.

statement of intent to defraud in forgery,
507.

when liable to repair highways, 575.
property, how laid in, in larceny, 641.
chief officers of, absenting themselves on
charter day, 805.

CORPSES. See Dead Bodies.

CORROSIVE FLUIDS,

throwing upon any person, 777, 784.
COSTS,

stat. 7 Geo. 4, c. 64, s. 22, 120.

in misdemeanors, 121.
concealing birth of child, id.

cases decided upon, 7 Geo. 4, 246, et seq.
mode of payment by treasurer of county,
248.

expenses of prosecution for capital of-

fences in exclusive jurisdiction, 248.
rewards for the apprehension of offenders,
249, 374.

allowance to widows of persons killed,
250.

COUNSEL,

privilege of, as witness, 186.
opening case by, 235.
prisoners' counsel act, id.
statement by counsel, id.
cross-examination by, 236.

not liable for maintenance, 668.
COUNTERFEITING. See Coin.
proof of, 339.

word"counterfeit" rejected as surplusage,

502.
COUNTIES,

holding assizes for counties in adjoining
county for a city, and vice versa, 251.
venue in offences on boundaries of, id.
offences in detached parts of counties, 252.
in a city or town corporate, 253.
liability of to repair of bridges, 331, et seq.
See Bridges.

evidence in defence by, 335.
goods belonging to, how described in lar-
ceny, 641.
COUNTING-HOUSE,

breaking and stealing in, 918.
COURTS. See Inferior Courts.

ordering witnesses out of, 162.

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DECENCY,

public conspiracies against, 409.
dead bodies, offences relating to, 423.
DECLARATIONS,

where admissible, 23.

in case of treason, id.
of assault, id.

of rape, id.
of rioting, 24.
of perjury, id.
of pedigree, 25.
of public right, 26.

of persons having no interest to
misrepresent, id.

of persons speaking against their
own interest, id.

of persons making entries, &c.,
in the regular course of their
duty or employment, 27.

dying declarations, id. See Dying
Declarations.

accompanying the delivery up of stolen
property, 52.

of conspirators, when admissible, 84.
letters and writings of, 85.

not necessary that they should have
come to hand, id. 86.

as to time and place of finding, id.
collateral declarations of prisoners, when
admissible, 89.

of husband and wife, 147.

former declarations of witness, if admissible

to support his testimony, 184.

of conspirators, 417.

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stealing of, 624.

power of deer-keepers to seize guns, 426.
assaulting them or their assistants, id.
DEGRADING QUESTIONS,

whether witness is bound to answer, 174.
DEMAND,

demanding money with menaces, 927.
what amounts to a "demand,” 928.
DEMOLISHING,

houses, &c., stat. 7 and 8 Geo. 4, c. 30, 886.
what is a " beginning to demolish," id.
DEPOSITIONS,

statute 7 Geo. 4, c. 64, 69.

where admissible, id.

in case of death, id.

or insanity, id.

or permanent inability to travel, id.
where inability to travel temporary not
admissible, id.

witness kept back by prisoner, id.
does not extend to treason, 70.
mode of proof, id.

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