In what cases, 47; for want of an addition,
or for a wrong one, 9; for want of christian or surname, or for a
wrong one, 9. Affidavit to verify it, 47. Judgment, 48.
Abortion. Indictment for administering drugs, &c. to procure abortion,
the woman not being quick with child, 236; evidence, 236; punish-
ment, 236.
Indictment for the same, the woman being quick with
child, 237; evidence, 237; punishment, 237.
Acceptance of a bill of exchange, forging and uttering, 197-199.
Accessary after the fact, who, 402. In what offences, 401. Must be tried
with, or after the principal, 402. Indictment of, together with the
principal, 401; evidence, 402; punishment, 402. Indictment of,
the principal being convicted, 403.
Accessary before the fact, who, 398.
See" Receivers."
In what offences, 398. Must be
Indictment of, together with
tried with, or after the principal, 398.
the principal, 397; evidence, 399; punishment, 398. Indictment
of, the principal being convicted, 400; venue, 400; evidence, 400.
Accessary in one county to a felony in another, venue in indictments,
against, 6.
Accessary, a competent witness against his principal, 96.
Accomplice, a competent witness, 96; but his testimony requires con-
firmation, 96.
Acquittal of one defendant, to enable him to give evidence for a co-de-
fendant, in what cases, 97.
Acts of state, how proved, 88. Acts of state of a foreign government,
how proved, 86.
Addition of defendant, in an indictment or information, 7; of his estate
and degree, 7, 8; of his mystery, 8; of the town, hamlet or place,
and county where he resided, 8, 9. It must be given after the first
name, and not after the alias dictus, 7.
Adhering to the King's enemies, what, 271, 272; who an enemy, 272,
273. Overt acts, 271, 272. Indictment, 270; evidence, 273.
Administration, how proved, 84.
Admiralty court, libel, answer, depositions, and sentence of, how proved,
84; in what cases evidence, 84.
Admissions. See "Confessions."
Affidavit to verify a plea to the jurisdiction, 46; or a plea of misnomer,
47, or other plea in abatement, 47.
Affidavit, to ground an application for an information, 42.
Affidavit, how proved, and in what cases evidence, 83.
Affirmation of a Quaker or Moravian, not admissible in criminal cases,
103, 104. If false, it is punishable as perjury, 313.
Affray, indictment for, 337; evidence, 337; punishment, 337.
Aiders and abettors, indictment against, 395; evidence, 396. 65, 66;
punishment, 395, 396.
Aiders and abettors, in forcible entry, 173; in high treason, 270.
Aiding prisoners to escape, 308, 309. Indictment for conveying files,
&c to a prisoner, to enable him to escape, 308; evidence, 309;
punishment, 308.
Alias Dictus, in what cases necessary, and how used,
Allegations, unnecessary but relevant, must be proved, 19. 67.
Allegiance, indictment for endeavouring to seduce a soldier or sailor
from, 298; venue, 298; evidence, 299; punishment, 298.
Almanac, how proved, and in what cases evidence, 89.
Ammunition. See "Stores."
Animals, in what cases larceny may be committed of them, 116.
Answer, in the court of Admiralty, how proved, 84 ; in the-ecclesiastical
courts, how proved, 84; in courts of equity, how proved, 82, 83.
Armour. See" Stores.'
Arrest, under a warrant, 255; without warrant, 255, 256; under other
authority, 257.
Arrest after an escape, 256, 257.
Arrest for a contempt, 256.
Arrest, privilege of witnesses from, 107.
Arson, 177-182. See " Burning." Indictment for burning the house
of another, 177; evidence, 178-180. 67; punishment, 178.
Indictment for burning the party's own house, 181; evidence, 182;
punishment, 181; Burning outhouses, 178, 179, 181.
Articles of war, how proved, 89.
Artificers, indictment for enticing them to leave the kingdom, 355; evi-
dence, 356; punishment, 355.
Assault, 241-253; what, 241, 242. Indictment for a common assault,
241; evidence for the prosecution, 241, 242; evidence for the de-
Indictment for an aggrava-
fendant, 242-244; punishment, 241.
ted assault, 245. Indictment for assaulting a woman quick with
child, 245. Indictment for an assault with intent to murder, 245.
Indictment for an assault on account of money won at play, 250;
evidence, 251; punishment, 251; Indictment for assaulting a con-
stable in the execution of his office, 251; evidence, 251. Indict-
ment for assaulting a gamekeeper in the execution of his duty, 251.
Indictment for assaulting a collector of a turnpike in the execution
of his duty, 252. Indictment for an assault with intent to spoil the
Indict-
clothes of another, 252; evidence, 253; punishment, 252.
ment for an assault with intent to commit a rape, 261; evidence, 261;
punishment, 261. Indictment for an assault, with intent carnally to
know a child under ten years of age, 261; evidence, 262; punish-
ment, 261. Indictment for an assault with intent to commit sodomy,
263; evidence, 263; punishment, 263.
Assignment of perjury, 315.
Assisters. See Aiders."
Attachment against a witness for non-attendance, 107.
Attempts to commit crimes. Indictment for an attempt to poison, 238;
evidence, 238; punishment, 238. Indictment for an attempt to rob,
148; evidence, 149; punishment, 149. Indictment for an attempt
Indict-
to commit a rape, 261; evidence, 261; punishment, 261.
ment for an attempt carnally to know a child under ten years of age,
261; evidence, 262; punishment 261. Indictment for an attempt
to commit sodomy, 263; evidence, 263; punishment, 263. Indict-
ment for attempting to bribe a constable, 322; evidence, 323;
punishment, 323.
Attorney, privileged from giving evidence against his client, in what ca-
ses, 98.
Auterfois acquit, plea of, 51. In what cases, 51. Form of it, 52. Repli-
cation to it, 53. Evidence necessary to support it, 54. In felony
and treason, the defendant must also plead over, 53.
In what form, 55.
In what form, 54.
Auterfois attaint, plea of, 54.
Auterfois convict, plea of, 54.
Averments, how made, 27. In indictments for libel, in what cases neces
sary, 288.
Bailee, larceny by, in what cases, 124, 126. Larceny from, how stated,
10; and proved, 117, 118.
Bank of England, embezzlement by clerks of, 157.
Bank notes, forgery of. Indictment for forging a bank note, 200; evi-
dence, 201; punishment, 201. Indictment for having a forged bank
note in his possession, 201; evidence, 202; punishment, 202.
Bank notes, stealing, 116. 130. Indictment for, 130. 19; evidence, 131.
Bank of a river, or sea banks, indictment for cutting down, 185; evi-
dence, 185; punishment, 185.
Banker's draft, See " • Cheque."
Bankrupt, proceedings on commissions of, how proved, 85.
Baptism, how proved, 87; certificate of, 87.
Barge. See Ship."
Barn. See "Outhouse."
Barrister, privileged from giving evidence against his client, in what ca-
ses, 98.
Bastard. Indictment against a woman for the murder of her bastard
child, 234; evidence, 235, 236. Concealment of the birth of a bas-
tard by its mother, punishment, 235; evidence to negative it, 236.
Battery. See "Assault." Battery, se defendendo, 243; in defence of the
party's possession, 244; in the execution of process, &c. 244.
Bawdy house, indictment for keeping, 362; evidence, 362, 363; punish-
ment, 362.
Beans, stealing or destroying, 115.
Beating, indictment for murder by, 230.
Bell metal, stealing, 115, 130.
Benefit of clergy, indictment on statute taking away, how framed, 66, 67.
Bestiality, indictment for, 262; evidence, 263; punishment, 263.
Bible, entry in, in what cases evidence, 87.
Bigamy, indictment for, 357; venue, 3. 358; evidence on the part of
the prosecution, 358, 359; evidence for the defendant, 359, 360;
punishment, 358.
Bill in equity, how proved, 82.
Bill of exchange. See" Embezzlement." Indictment for forging and ut-
tering a bill of exchange, 197; evidence, 199; punishment, 199.
Indictment for stealing a bill of exchange, 130. 116. 19; evidence,
Bishop, certificate of, in what cases evidence, 87.
Black lead, or black lead ore, stealing from mines, 115.
Blasphemous libel, indictment for, 294; evidence, 295; punishment, 294.
Bleaching grounds, indictment for stealing linen, cotton, &c. from, 141;
evidence, 142; punishment, 142.
See "Embezzlement." Indictment for forging and uttering à
bond, 195; evidence, 196; punishment, 196. Indictment for steal-
ing a bond, 130. 116; evidence, 131.
Books of corporations and public companies, entries in, how proved, 88.
Poll books of an election, how proved, 87. Prison books, in what
cases evidence, 87.
Brass, stealing, 115. 130.
Breach of prison, indictment for, 306; evidence, 307, 308; punishment,
307. Indictment for conveying files, &c. to a prisoner, to enable
him to break prison, 308; evidence, 309; punishment, 308.
Breaking, what, in burglary, 169; actual, 169; constructive, 169, 170.
Bribery, 322. Indictment for attempting to bribe a constable, 322; evi-
dence, 323; punishment, 323.
Bridge, indictment for not repairing, 374, 375; pleas and evidence, 376.
Larceny of the materials or tools provided for the repair of, how
described, 119.
British Colonies, judgments of the courts in, how proved, 86.
Bullock. See "Cattle."
Burglary, 164-173. Indictment for burglary and larceny, 164; evi-
dence, 164-172; punishment, 164. Indictment for burglary, in
breaking out of a house, 172; evidence, 173; punishment, 173.
Burglary in a church, 169.
Burglary in the apartments of a lodger, how laid, 168; in the room of a
guest at an inn, how laid, 168.
Burglariously, necessary in indictments for burglary, 23.
Burial, how proved, 87; certificate of, 87.
Burning. See "Arson." Burning or setting fire to mills, 180, 181, corn,
straw, hay, wood, 178, 181, woods, underwood, or coppice, 181,
mine, pit, or delph of coal, 181, wain or cart laden with coals or
merchandise, 181, vessels of war in the dock yards, 181, or beyond
seas, 4, the king's stores, timber, or ammunition of war, or the
places where the same are kept, 181. 4, ships, keels, or other ves-
sels, 181, and see 187, buildings or engines, &c. used in manufac-
tures, &c. 181.
Burning in the hand, and the punishment substituted for it, their effect
in restoring competency, 95,
Cabbages, stealing, 115.
Calf. See "Cattle."
Caption of an indictment, 6; form of it, 6.
Carnal knowledge, how proved, 260.
Carnally knowing and abusing a female under the age of ten years, in-
dictment for, 260; evidence, 261; punishment, 261.
for an attempt to do so, 261; evidence, 262; punishment, 261.
Carrots, stealing or destroying, 115.
Carrying away, what, necessary to constitute larceny, 127.
Cart or wain laden with coals or merchandise, setting fire to or burn-
ing, 181.
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