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 : 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 "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 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. OL mdictment for assaults with felonious intent, the though, if the jury find the intent laid in the To Deed the tent land be the main intent, 13, medicamens iz essants, with intent to prevent a law- averment of men in tengiary, 38, note; 40, note i like, whether, without publication, sufficient to com- di great body harm, though not to kill, may be mancious, presumed in cases of homicide, until rebutted INTERPRETATION of a criminal statutes, rule for, 532 abusing the sacrament, or breaking any altar or crucifix, Esturbance of minister in saying the common prayer, JOINT-OWNERS : property of, how laid in indictment, 252 in high treason, as to women, 245 JURISDICTION: alteration of, 246 1. JUSTICES of ASSIZE, OYER and TERMINER, and GAOL who shall be justices of nisi prius, 264 the writ of nisi prius, 265 commission of nisi prius, a consequence of commission of assize, ib., note commission of assize, what, ib. who shall be justices of assize, and gaol delivery, 267 commission of oyer and terminer, how directed, JURISDICTION (continued): justices of assize, oyer and terminer, and gaol delivery, justices of assize to have commissions sufficient to inquire of maintainers, common embracers, &c. 269 chief justice of C. B., to be assigned amongst others to justices of nisi prius shall give judgment in all treasons, judges empowered to act as judges of gaol delivery, in justices of assize may try offences relating to the king's justices of oyer and terminer and assize may determine 2. JUSTICES OF THE PEACE: good men and lawful, &c. shall be assigned to keep the who shall be justices of the peace, and what authority when the conservators of the peace first acquired qu., whether they may not try prisoners for clip power of Court of Chancery, as to justices, 276, note justices acting in any place not being a county, may justices may bind over witnesses by recognizance, to- justices acting for any county at large may act as such Time of holding Quarter Sessions: at what time justices of the peace shall hold their quarter when Michaelmas quarter sessions shall be held in JURY, 282 no indictor shall be on inquests of felonies, &c., who is indictor means one of the grand jury, 282, note exceptions to grand juryman allowed after plea of not |
