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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 :
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,
no evidence shall be taken of any overt act not laid in
for what defects an indictment shall not be quashed,
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.
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
what, for the purposes of robbery, within 7 & 8 Geo. 4,
INFANTS, what, may commit murder, 393, note
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,
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,
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
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,
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
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