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HIGH TREASON (continued):

offences against the female branches of the royal
family, 225-227, note

levying war, ib.

constructive, why not within this statute, 222, note
what has been adjudged, 228, note

overt act must be laid in the indictment, ib.
levying war-itself an overt act, no other necessary
to be alleged, 229, note

but it must sufficiently appear from the indictment, ib.
direct levying of war may be laid as an overt act, ib.
and, if laid, must be proved, ib.
conspiracy for, ib.

constructive levying, cannot be so laid, ib.
nor conspiracy for, ib.

joining rebels, a levying war, ib.

enemies, adhering to the king's enemies, ib.
what circumstances excuse, ib.

in constructive levying, who are mere rioters, ib.
when listing and marching are sufficient overt acts, ib.
number of persons, whether material, 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
treason, petty treason, or misprision of treason, but
such as be declared by 25 Ed. 3, 230

persons compassing the death or restraint of the

king or his heirs, or to depose them, or to levy
war to compel a change of measures, & be
deemed traitors, 231

persons guilty of this species of treason generally en-
titled to the benefit of 7 Wil. 3, c. 3, 232

not so entitled, where the overt act laid is assassi-
nation, 233

to compass an insurrection in order by force and
numbers to compel his majesty to alter his
measures, is a compassing to levy war, ib., note

treason to withdraw any from the protestant church, with
intent to withdraw them from obedience to her ma-
jesty, 234


any person endeavouring to hinder the next successor to
the crown from succeeding, according to 1 W. & M.
s. 2, c. 2, 12 & 13 W. 3, c. 2, guilty of high trea-
son, 237


HIGH TREASON (continued):

5. TRIAL, &c.

where and before whom treasons committed out of the
realm shall be tried, 238

no indictment for treason without two witnesses or con.
fession, 239

all trials shall be had and used only according to the
course of common law, 240

persons indicted for treason to have a copy of the indict-
ment five days before trial, ib.

and, according to 7 Anne, c. 21, ten days before trial, 244
and also a list of the witnesses ten days before trial

the ten days are exclusive of the day of deli-
very and arraignment, ib., note

and also a list of the jury, which must be delivered ten
days before the day of trial, 245

limitation of prosecutions for high treason, three years,


no evidence shall be taken of any overt act not laid in
indictment, 243

for what defects an indictment shall not be quashed,


one witness to one overt act, and another to another,
sufficient, ib.

judgment on women convicted of high treason, 245
form of sentence in cases of high treason, 426

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
must be preferred within two years next after the offence
committed, where punishment is a forfeiture limited
to the crown, ib.

to be drawn up in English, 250

may be preferred in either county where offence is com-
mitted on boundaries of counties, or shall be begun
in one county and completed in another, 257

may, in case of robbery of coaches, &c. be preferred in
any county through which it passed, ib.

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.
dict, 254

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
in barratry, 26, 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 high treason, 227, 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
city, it may be tried by the jury of the adjoining
county, 574, 579

bill of, for offences committed within the county of any
city or town corporate, may be preferred to the jury
of the county next adjoining, 575


what, for the purposes of robbery, within 7 & 8 Geo. 4,
c. 29, 453

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
after issue joined, ib.

what distinctions between informations by the master of
of the crown office, and those, ex-officio, by the
attorney-general, 257, note

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
house of B., though he intended to burn A.'s house,
6, note

fact of burning primâ-facie evidence of malicious intent,


OL mdictment for assaults with felonious intent, the
ngu, men must be laid, 12, mote

though, if the jury find the intent laid in the
mincement, as well as another, the indict-
ment was be supported, ib.

To Deed the tent land be the main intent, 13,

medicamens iz essants, with intent to prevent a law-
Ju algehension, it must appear that the offender
bat some nonfication of the purpose for which he
vas ziyneneboed, 13, note

averment of men in tengiary, 38, note; 40, note
But necessary in housebreaking, 40, note
Özinaat, averment of, in forgery, 216, note
jamais, is essen in larceny, 339, note
E VIE LIE & ought to exist, ib.

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i like, whether, without publication, sufficient to com-
DIENE & TRUSGEMEamor, 364, mote

di great body harm, though not to kill, may be
nevertheless productive of murder, 393, note

mancious, presumed in cases of homicide, until rebutted
15 curcumstances, 324, note

INTERPRETATION of a criminal statutes, rule for, 532
BERELIGION: disturbing preachess, &c. 269

abusing the sacrament, or breaking any altar or crucifix,
punishabie with imprisonment for three months, 261
the penalty in rescuing offenders, ib.

Esturbance of minister in saying the common prayer,
within the statute of Mary, 262, note
distarting dissenting congregations, 264

JOINT-OWNERS : property of, how laid in indictment, 252

in high treason, as to women, 245


alteration of, 246


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 general gaol delivery, how
directed, ib., note

commission of oyer and terminer, how directed,
268, note

JURISDICTION (continued):

justices of assize, oyer and terminer, and gaol delivery,
to take certain oaths, 268

justices of assize to have commissions sufficient to

inquire of maintainers, common embracers, &c. 269
justices of assize and gaol delivery to hold their sessions
in the principal towns, 269

chief justice of C. B., to be assigned amongst others to
take assizes and deliver goods, ib.

justices of nisi prius shall give judgment in all treasons,
felonies, and misdemeanors, 270

judges empowered to act as judges of gaol delivery, in
their own counties, 273

justices of assize may try offences relating to the king's
stores, 113

justices of oyer and terminer and assize may determine
all forgeries, 210


good men and lawful, &c. shall be assigned to keep the
peace, 273

who shall be justices of the peace, and what authority
they shall have, 274

when the conservators of the peace first acquired
the name of justices, ib., note

qu., whether they may not try prisoners for clip
ping coin, 275

power of Court of Chancery, as to justices, 276, note
justices of a liberty or corporation may commit offenders
to the house of correction of the county 276
justices may act for two adjoining counties, 277
how far justices of counties may act, as such, within
any city being a county of itself, 278

justices acting in any place not being a county, may
commit offenders to the gaol of the county, ib.

justices may bind over witnesses by recognizance, to-
give evidence at the sessions of oyer and terminer,

justices acting for any county at large may act as such
in places, having exclusive jurisdiction, within or
adjoining such county, 280

Time of holding Quarter Sessions:

at what time justices of the peace shall hold their quarter
sessions, 280

when Michaelmas quarter sessions shall be held in
counties in England, 281

JURY, 282

no indictor shall be on inquests of felonies, &c., who is
chargeable with such crimes,

indictor means one of the grand jury, 282, note
of the grand jury, ib.

exceptions to grand juryman allowed after plea of not
guilty, ib.

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