rescue, or aid and assist in rescuing, from the lawful custody of any constable, officer, headborough, or other person whomsoever, any person charged with, or suspected of, or committed for any felony, or on suspicion thereof, then if the person or persons so offending shall be convicted of felony, and be entitled to the benefit of clergy, and be liable to be imprisoned for any term not exceeding one year, it shall be lawful for the court by or before whom any such person or persons shall be convicted, to order and direct, in case it shall think fit, that such person or persons, instead of being so fined and imprisoned as aforesaid, shall be transported beyond the seas for seven years, or be imprisoned only, or be imprisoned or kept to hard labour in the common goal, house of correction, or penitentiary house, for any term not less than one and not exceeding three years. 2. And that if any person shall assault, beat, or wound any constable, officer, headborough or other person whomsoever, with intent in so doing, or by means thereof, to obstruct, resist, or prevent the lawful apprehension or detainer of any person charged with or suspected of felony; or if any person charged with or suspected of felony shall assault, beat, or wound any constable, officer, headborough, or other person whomsoever, with intent in so doing, or by means thereof, to obstruct, resist, or prevent his or her apprehension or detainer; then and in every or any such case, if the person or persons so offending shall be convicted of a misdemeanor only, it shall be lawful for the court before whom any such person or persons shall be so convicted as aforesaid, to order and direct, in case it shall think fit, that such person or persons shall, in addition to any other pains, penalties, or punishment to which he, she, or they are now subject or liable, be kept to hard labour for any term not exceeding two years, and not less than six months. P. 645. See further, as to the transportation of felons, the st. 43. G. 3. c. 15. 56 G. 3. c. 27. 59 G. 3. c. 101. 1 & 2 G. 4. c. 6. P. 682. by the st. 1 & 2 G. 4. c. 44. it was enacted as follows. Whereas great inconvenience has arisen, and a great degree of injury has been and is now sustained by his Majesty's subjects, in various parts of the united empire, from the improper construction, as well as from the negligent use of furnaces employed in the working of engines by steam. And whereas by law every such nuisance, being of a public nature, is abateable as such by indictment; but the expense attending the prosecution thereof has deterred parties suffering thereby from seeking the remedy given by law. Be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by authority of the same, that it shall and may be lawful for the court by which judgment ought to be pronounced in case of conviction on any such indictment, to award such costs as shall be deemed proper and reasonable to the prosecutor or prosecutors, to be paid by the party or parties so convicted as aforesaid, such award to be made either before or at the time of pronouncing such judgment, as to the court may seem fit. 2. And be it further enacted, That if it shall appear to the court by which judgment ought to be pronounced in case of conviction on any such indictment, that the grievance may be remedied by altering the construction of the furnace so employed in the working of engines by steam, it shall be lawful to the court, without the consent of the prosecutor, to make such order touching the premises, as shall be by the said court thought expedient for preventing the nuisance in future, before passing final sentence upon the defendant or defendants so convicted. INDEX. ABATEMENT, plea in, 311. on what founded, ib. 1. on defect apparent on the record, ib. opportunity allowed the defendant to take excep what defects pleadable, 312. what defect must be pleaded, ib. in indictments for treason, ib. little advantage to be derived from a plea of this 2. on defect not apparent on the record, ib. misnomer, ib. may be pleaded by attorney, ib. ought to be tendered in writing, ib. and should misnomer of either christian or surname plead- but the defendant must disclose his real name, ib. in case of an appeal, ib. omission of title of peer, ib. in case of peerage by marriage, ib. defendant pleading in abatement to an indictment for fe- but in case of misdemeanor, &c. he is concluded by his plea practice as to the trial of a plea of this kind, 314. foreign pleas, how tried at common law, ib. under the stat. 22 H. 8. c, 14. 28 H. 8. c. 1. 32 H. 8. c. 3. Form of plea in abatement, for want of an addition, 785. that there is no such parish as that named, 786. ACCESSORIES, county; trial, 4, 7, 12, 13. st. 33 H. 8. c. 23. does not extend to accessories, 13. how charged in the indictment, 139, 140. when indicted before the conviction of the principal, 140. when a person in one county procures the commission of a accessory to one of several principals how to be charged, defendant indicted as accessory to two, may be convicted on how to be charged in case of murder, ib. indictment against accessory for receipt of felon, must aver and the guilty knowledge of the accessory, 167, 168. how averred when they are indicted together, 167, 8, 9. when the offence is committed in another county, ib. need not conclude against the form of the stat., ib. accessory may be arraigned, but not tried, before the ap- formerly, where the attainder of the principal was prevented, in what cases the accessory may be proceeded against as indictments against, 481, 2. accessory may enter into full defence of his principal, 309. ACQUITTAL, see tit. Auterfoits acquit. ADDITION: at common law, 45, 46, 47. statute of additions, 1 H. 5. c. 5. enactments of, 47, 48. estate or degree, construction of the words, 48, 49. degree, ib. dignity, 48, 49, 50. office, 48, 49. what are sufficient additions, 48, 49, 50. name and addition of a female, 49. form of the description, 49, 50. with an alias dictus, 50, 51. when addition ought to be repeated, 50. when further description is necessary, ib. defect as to the addition of one will not vitiate the indict- ment as to the rest, ib. mystery, addition of, 50, 51. town, hamlet, or place, 51, 52. plea that there is no such town, ib. form of description, ib. sufficient to describe the defendant of such a place, 52. addition of county, ib. wife's addition, 53. defective addition, how to be taken advantage of, ib. when plea will operate as an estoppel, ib. plea, in abatement, for want of. See Abatement, Misnomer. how charged, 81, 82. when immaterial whether defendant be charged as a princi- clergy, when aider and abettor ousted of, without express how aider and abettor should be described, 86, 87, 88. abetment, how specially described, 87, 88. aider and abettor may be found guilty though the principal holding of, 480, 481. stat. 32 G. 2. c. 25. s. 20. AMENDMENTS, statutes of amendment do not extend to criminal cases, 259. indictments cannot in general be amended because found on but in some instances have been amended, ib. even after verdict, ib. former practice where indictment wanted amendment, 260. of coroner's inquisition, ib. of formal misprisions in joining issue, &c. ib. of a venire, 261. of nisi prius roll, ib. discontinuance not amendable, 261, 2. judgment amendable during the term, &c. ib. Caption of indictment, amendable after the term in which brought in, 263, 4, 5. |