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his duty upon notice of persons keeping bawdy-houses,
&c., 414

duty of high constable relative to jury-lists, 287, 288
appointment of special, in cases of riot, 550

costs of special constables, 94

assaults on, 8

CORN, setting fire to; see " Burning.”

COSTS; see "Warrant."

how awarded in an indictment for nuisance, 434
upon an information against persons for keeping a
gaming-house, 400

in taking a prisoner to gaol, 93, 94

of special constables, 94

of high-constables, 95

court may order payment of the expenses of prosecution
in all cases of felony

allowances to persons attending on recognizance, where
no bill preferred, 96

courts may order payment of expenses in certain cases of
misdemeanor, 96

order for payment to be made out by clerk of

assize, 97

how the expenses shall be paid in places not

contributing to the county rates, ib.

quarter sessions to make regulations as to
costs, 98

costs in court of admiralty, ib.

CUTTING; see "Malicious Injuries."

DEED, stealing of, 308

DEER, stealing of, 312

DESTROYING GAME; see "Poaching."

DEPOSITION; see "Examination."

DETAINER, forcible; see " Forcible Entry."

DISORDERLY HOUSES, indictment for keeping, 416, note
unlicensed places of entertainment to be deemed, 412;
see further as to this subject, tit. "Nuisance."

DIVIDEND-WARRANT, forgery of, 146

DUEL, killing in, murder, 392


the only building in which burglary can be committed,
37, note

EAST INDIA BONDS, forging, 205


by clerks or servants, felony, 99

EMBEZZLEMENT (continued):

distinct acts of embezzlement may be charged

in the same indictment, ib.

by agents, of money intrusted to them specially, a mis-
demeanor, ib.

trustees or mortgagees, proviso in favour of,
in 7 & 8 Geo. 4, c. 29, 100

general observations on embezzlement, 101, note

a count for simple larceny may be joined with
a count for embezzlement, under the pre-
sent statute, 102, note

what will be comprehended under the words,
"other agent," 102

by bankrupts; see

at the bank;




at the post-office; see "Post-Office."

of public money, a misdemeanor; transportation, 110
of the king's stores; see "Stores."


ENTRY, what, in burglary, 39

ENTRY, FORCIBLE; see "Forcible Entry.”

ESCAPE; see "Prison Breach."

justices of peace have still jurisdiction in, 122, note
necessary form of indictment in, ib.

to charge an officer with, there must have been an actual
arrest, ib.

out of gaol, in cases of trial for; certificate of clerk of the
peace, and due proof of identity, shall be sufficient
evidence of conviction, 124


persons aiding escape, in some cases guilty of felony, in
others of a misdemeanor, 125

conveying disguise to help the escape of a felon, felony
under 16 Geo. 2, c. 31

assisting to escape from a constable, felony under same
act, 126

operation of said act greatly weakened, ib., note
aiding escape of prisoners of war, 127

conveying vizors into prisons to aid escape, ib.

EVIDENCE: witnesses on behalf of prisoner to be sworn, 128
power of court to amend record, 120

affirmation of Quakers and Moravians to be received in
criminal cases, 131

form of affirmation

false affirmation punishable as perjury

of the competency of persons interested in the subject of
a forgery to be witnesses for the prosecution
in felony, punishment undergone to have effect of pardon
under the great seal, 132

in misdemeanors (except perjury), punishment under-
gone to render party competent to be a witness, 132


7 Geo. 4, c. 64, justices, before bailing or committing for
felony, to take down examinations in writing, and
bind the witnesses to appear at trial, &c., to sign
examinations, and deliver them into court, 133

so for misdemeanors

upon inquisition for manslaughter or murder, coroner to
do the same

penalty on justice or coroner

provisions of this act to apply to all justices and coroners
of the proof of identity of the examination, 134

of putting in evidence the prisoner's voluntary confes-
sion, &c., ib.

EXCHEQUER BILLS, forgery of, 199

perjury relating to, 482

forging hand-writing of receiver-general of, 134


punishment death, 135

not to cause corruption of blood nor loss of dower
exemption of attorneys

if the bail is not filed, the offence is a misdemeanor,
135, note

of commissioners for taking bail in the country in civil

justices of assize may take bail

punishment for false personating others, so as to subject
them to the payment of money or action of debt,
&c., death

punishment for personating any person entitled to prize-
money, &c., or the executor, &c., of such person,
transportation for life, &c., or imprisonment, or im-
prisonment and hard labour, &c.

act applies, though party personated be dead, or the
prize-money, &c., be paid, 136, note


5 Ric. 2, st. 1, c. 8, allows only lawful entry, and that
in a peaceable manner

punishment, imprisonment and ransom

in cases of forcible entry and holding, right, &c., justices
or justice to raise the force of the county to arrest

punishment, imprisonment and ransom, 137

15 Ric. 2, c. 2, s. 2, extends power of justices against
those who obtained peaceable entry, but hold on un-
lawfully, &c., &c.

empowers justices to inquire who made forcible entry
&c., 138

FORCIBLE ENTRY (continued):

for empanelling a jury of persons having lands, &c., of
quarterly value of 40s., &c.

penalty on sheriff making default, 201.

penalty recoverable by bill or indictment

they who have had three years' possession of land may

hold with force, 139

upon indictment for forcible entry, no restriction shall be
made if person indicted has been three years in quiet
possession, and his estate be not ended

of costs


restitution to be made not only to freeholders but to te-
nants for years, copyholders, guardians, &c., 140
indictment at common law, ib.

none agaanst disseiee for forcible entry within
due time, 140, note

otherwise, where defendant has no title, ib.
need, show such force as constitutes a breach
of the peace

and possession of premises

indictment on the statutes-

alleges force, to distinguish from trespass
generally shows the title to the estate in pos-
session at the time of the force, not the
quantity of the estate, 141, note
describes the premises with certainty

award of restitution must find the wrong-doer
continues in possession, ib., note

for what possessions indictments will lie, ib.
there must have been a claim to land, &c.

also, actual violence or terror

explanation of terror, 142, n.

who are deemed forcible enterers, ib.

restitution to such only as have been put out of actual
possession, ib.

prosecutor not a competent witness, ib.


persons convicted of practising as attorneys, punishment
of, 25

of certificates relating to the slave laws, see title "Slave

1. Of instruments for the transfer of stock in the public funds,
and stock of public companies-

forging letters of attorney, 143

personating proprietors, or counterfeiting their names, ib.
what amounts to personating a proprietor, 144, note

powers of attorney included among" deeds," ib.

forging powers to transfer stock, or to receive dividends,
or personating the owners thereof, 144

making transfers of stock in any other names than the
owners', 145

FORGERY (continued) :

forging transfers, 146

making false entries in the books of the bank, ib.
making out false dividned-warrants, ib.

forging transfer an offence, though the person whose
name is forged has no stock, 147, note

and though the forged document was not with

nessed, ib.

forging names of witnesses to instruments for the transfer
or receipt of Bank Stock, South-Sea stock, or India
stock, 148

forging or altering receipts or debentures relative to cer-
tain Irish stock, 149

forging letters of attorney to transfer the said stock, or,
personating proprietors, 150

forging dividend-warrants of certain Irish stock, 150

making transfers thereof in any but proprietors' names



forging the common seal, or any bank note, 151

forging bank bills or notes, 152

making frames for forging notes, or having in custody in-
struments for that purpose, ib.

engraving notes to resemble inland bills, &c. 153

forging or uttering bank notes, dividend-warrants, &c.,

having any frame for making paper with bar-lines, or
sums in words, appearing in the substance of the
paper, or having such paper, ib.

having forged or blank bank-notes, 155

engraving on any plate a bank-note, bill, &c., or having
such a plate, or uttering such a note or bill, 156
45 Geo. 3, c. 89, from what previous statutes taken,
156, note.

engraving plates to resemble Bank of England notes, or
uttering paper resembling them, 157

counterfeiting the South-Sea Company's common seal
on bonds, 158

ditto of the London and Royal Exchange Assurance-
Companies, ib.

ditto of the British Cast Plate-Glass Manufactory, ib.
4. OF STAMPS-Stamps on Paper, &c.

counterfeiting any stamp directed to be used by 37 Geo. 3,
c. 90, or uttering paper with counterfeit stamp
upon it, 159

similar clauses in several other acts, 159, note

similar clauses in 44 Geo. 3, c. 98, 160

in 48 Geo. 3, c. 141, 16

in 52 Geo. 3, c. 143, ib.
in 55 Geo. 3, c. 185, 163

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