reason, if in his senses, to have stayed these respective proceedings.

If no special reason can be adduced to avoid the judgment, and stay the execution consequent thereupon, the last resort is to the Crown for pardon, the granting of which is its merciful prerogative.

A pardon may either be absolute or conditional; that is, the Queen may extend her mercy upon what terms she pleases, and may annex to her bounty a condition either precedent or subsequent. This prerogative is exercised, through the Home Secretary, in the pardon of felons or misdemeanants.

IX. Execution.

When sentence of death has, in due course, been pronounced upon a person convicted of murder or other capital offence, execution, the completion of human punishment, follows, and this must be performed by the legal officer, the sheriff, or his deputy, whose warrant for so doing was anciently by precept under the hand and seal of the judge; but now the usage is, for the judge to sign the calendar, or list of all the prisoners' names, with their separate judgments in the margin, which is left with the sheriff as his warrant and authority, and if he receives no order to the contrary, he executes the judgment of the law accordingly. As, for a capital felony, it is written to the prisoner's name, "let him be hanged by the neck;" formerly, in the days of Latin and abbreviations, “sus. per coll.," for "suspendatur per collum." And this is the only warrant the sheriff has for so material an act as taking away the life of another.

By stat. 31 & 32 Vict., c. 24, a recent and salutary statute, it is enacted, inter alia, that judgment of death shall henceforth be executed on any prisoner within the walls of the prison in which the offender is confined, in the presence of the sheriff or his deputy and certain other persons. That, after execution, the fact of death is to be certified by the prison surgeon, and that a coroner's inquest is to be held upon the body.

INDEX.

Action of Ejectment, 289.
Actions, mixed, 224.

ABANDONMENT of Right, 156.
Abatement of Nuisance, 192.
Abduction, forcible, 280, 318. Administration, Letters of, 212.
Abettors, criminal liability of, 278. Administrator, pendente lite, 218.
Abeyance of the Freehold, 132. Admiralty, High Court of, 217.
Abortion, 311.
Adultery, 230.
Advertising a reward for stolen
property, 293.
Advocate, 200.
Advowson, 114.

Absolute power of the Crown, 74.
Absolute Rights and Duties, 54.
Accessories, 273.
Accessory before the fact, 274.

-

after the fact, 274.

Accident, equitable remedy in case
of, 259, 260.
Accomplices, discovery of, 275.
Accord and satisfaction, 195.

Affidavit for order to inspect
documents, 258.
Affray, 297.

Aggravated Larceny, 821.
Agreement, 179.
Acts of Parliament, how made, &c., | Aiders and Abettors, 278.

62.

Acts, private, 166.

ACTION

AT LAW.

Ale-houses, offences in, 308.
Alien, 84.
Alienation, different modes of, 166.
Allegiance, oath of, 84.
Ambassador, rights of, 281.
Amotion of Personal Property, 288.
Ancient Demesne, 129.
Annuities, 116.

Forms of ordinary Personal Alimony, 96, 214.

龍

Answer to Bill in Chancery, 262.
Apostasy, 276.
Appeal from Decree in Chancery,

263.

an Action at Appellate Courts, 263.

Actions:-
Assumpsit, 286.
Case, 228.
Covenant, 236.
Detinue, 234.
Debt, 236.
Replevin, 234.
Trespass, 234.
Trover, 234.
Proceedings in
Law:-
Declaration, 251.
Error, 256.
Execution, 256.
Issue and Demurrer, 253.
Judgment, 254.
Motions, 255.
New trial, 255.
Pleadings, 252.
Process, 251.
Replication, 252.
Trial, 253.

Apprentices, law respecting, 92.
Appropriation of Livings, 115.
Arbitration, 196.
Archbishops, Archdeacons, 85, 86.
Arches, Court of, 216.
Army, 89.

337.

Arraignment, and its incidents,
Arrest of Criminals, 334.
Arson, 315.
Asportation, 318.

Assault, 225.

Buying stolen goods, 275, 293, Commonalty, 89.

Commonwealth, crimes affecting | COURTS, &c.:-

Construction of Statutes, rules for, Covenant, 236.

Desertion from the Army or Navy, | Estate of Inheritance, 131.

Ecclesiastical Courts, with juris- FALSE Imprisonment, 228.