FORGERY (continued): forging of an obligation, acquittance, release, &c. ib. what justices may hear and determine these offences, 210 forging or altering the acceptance of bills of exchange, forging, &c. to defraud corporations, ib. forged receipt for bank-notes not a receipt for money or what cases come under the 2 Geo. 2, c. 25, 213, note forging or uttering deeds, wills, &c. with intent to de- Remarks: 1. On the form of the indictment: Allegations. 1. That the defendant did falsely make, utter, &c. 2. The particular instrument set forth in must appear by itself, or by an averment, to effect of the word "purport," ib. where the forgery is by alteration, the prisoner 3. The intent to defraud bill of exchange need not be averred to be 1. The form and nature of the false instrument- but must not be so incomplete on the face of it GAME; see" Poaching." GAMING: persons winning with fraud at certain games to forfeit prosecution or suit by loser within six calendar months, ib. winning by fraud above 107., at one sitting, forfeiture of GAMING (continued): GAOLS: GOODS: winning or losing at any one time the sum of 101., or one common gaol to be maintained at the expense of every with what certainty they must be described in an indict- GOVERNMENT-ANNUITY CERTIFICATES, forgery of, 200 cr HABEAS CORPUS; (ad test.) what judges may award writs of habeas corpus adt estifi- intention of the act of 44 Geo. 3, c. 102 HABEAS CORPUS; (ad subj.) see “ Bail.” HARES, killing in the night-time, 313 HAY, setting fire to, 42 HIGH SEAS, offences on; see "Piracy." HIGH TREASON: 1. TREASON IN GENERAL: 25 Ed. 3, st. 5, c. 2, offence of compassing the death of the king, ib. object of this statute, 226, note construction of, as to the necessity of charging an overt act, legal definition of, ib. indictment, form of, ib. defence, ib. evidence of overt act, not laid in the indictment, inadmissible, ib. confined to overt acts, ib. proof of one overt act sufficient, 227, note indictment, faulty as to some of the overt acts surplusage, what rejected as, ib. time and place, what proof requisite, ib. application of the rule, "voluntas reputatur pro what have been adjudged “overt acts,” ib. words spoken, whether overt acts or not, reduced into overt act, proof of in the county where the indict- when proof of other overt acts in other counties will HIGH TREASON (continued): offences against the female branches of the royal levying war, ib. constructive, why not within this statute, 222, note overt act must be laid in the indictment, ib. but it must sufficiently appear from the indictment, ib. constructive levying, cannot be so laid, ib. joining rebels, a levying war, ib. enemies, adhering to the king's enemies, ib. in constructive levying, who are mere rioters, ib. adhering to the king's enemies, 230 offence, what sufficient to constitute, 130, note indictment, form of, 229, note who are enemies within the statute, ib. meaning of the word, “realm," ib. see further, article "Coining." By 1 Mary, sess. 1, c. 1, no act or offence shall be high persons compassing the death or restraint of the king or his heirs, or to depose them, or to levy persons guilty of this species of treason generally en- not so entitled, where the overt act laid is assassi- to compass an insurrection in order by force and treason to withdraw any from the protestant church, with 3. OFFENCES BY PAPISTS, 235 4. HIGH TREASON AGAINST THE PROTESTANT SUCCESSION: the crown from succeeding, according to 1 W. & M. 630 HIGH TREASON (continued): 5. TRIAL, &c. where and before whom treasons committed out of the no indictment for treason without two witnesses or con. all trials shall be had and used only according to the persons indicted for treason to have a copy of the indict- and, according to 7 Anne, c. 21, ten days before trial, 244 the ten days are exclusive of the day of deli- and also a list of the jury, which must be delivered ten limitation of prosecutions for high treason, three years, 242 no evidence shall be taken of any overt act not laid in for what defects an indictment shall not be quashed, 243 one witness to one overt act, and another to another, judgment on women convicted of high treason, 245 HIGHWAYS; see 66. Nuisance." HOPBINDS, destroying, 370 HOP-OAST, setting fire to, 5 HOUSEBREAKING; see" Burglary." HOSE IN THE LOOM, destroying, 367 367 shall be good, though lacking the words vi et armis, 249 to be drawn up in English, 250 may be preferred in either county where offence is com- may, in case of robbery of coaches, &c. be preferred in how property of partners to be laid in, 252 how property of counties, ib. how property ordered for the use of the poor, ib. how property of turnpike trustees, 523 how of commissioners of sewers, ib. not to abate by dilatory plea of misnomer, ib. INDICTMENT (continued): what defects shall not stay judgment upon, after ver- general observations on indictments, ib., note rules as to indictments on statutes, 255, note on quashing the indictment, ib. form of, in abduction, 1, note in arson, 5, note in assaults with felonious intent, 12, note for stealing in a dwelling-house, 41, note for stealing in a building within the curtilage, for burning a stack, 42, note in forgery, 211, note; 215, note; 216, note in larceny, 326, note in libel, 359, note in manslaughter, 379, note in murder, 388, note in nuisance, 416, note; 438, note in perjury, 474, note in receiving stolen goods, 535, note in robbery, 453, note where, though the venue of, be laid in the county of a bill of, for offences committed within the county of any INFAMOUS CRIME: what, for the purposes of robbery, within 7 & 8 Geo. 4, INFANTS, what, may commit murder, 393, note INFORMATION: clerk of the crown restricted in exhibiting, 256 defendant in, to have costs, if not tried within one year what distinctions between informations by the master of will lie, in what cases, ib. party, before applying for, must resign his civil remedy, 258 as to granting the rule nisi for, 259, note INTENT: a man may be indicted for maliciously burning the fact of burning primâ-facie evidence of malicious intent, ib. |