ALEHOUSES-continued. Precepts and notices of annual licensing meeting, how given, 22 Appointment by, of special sessions for transferring licenses, id. Notices of adjourned or of other special sessions for purposes of this act, 24 When county justices may interfere in meeting holden for a town corporate, Exceptions for cinque-ports and universities, 25 Questions at, to be decided by majority present, 26 Notice of applying for license for house not before licensed, id. Notice required on transfer of license, 27 Form of notice, 27, n. How party prevented from attending may be licensed at, 28 Granting fresh licenses in middle of year, 29 Fees on licenses granted at, 31 Sheriff's officers disqualified from being licensed at, id. No excise license to be good for premises not licensed by magistrates, 32 May bind over constable, or other party, to prosecute at sessions, 34 How justices of special sessions indemnified against costs of such appeal, 36 For selling excisable liquor without license, 880 Against publican for selling excisable liquor to be drunk in other premises Against a licensed publican for first or second offence against tenor of Form of indictment against justice for partiality in refusing to grant ALIAS DICTUS, 181 Of Christian name cured by plea, 181, n. ALTERED, Goods, stealing, 225 ALTERNATIVE, 195 ALLEGIANCE, OATH OF; see QUALIFICATION OF JUSTICES, Form of, 72 AMENDMENT, In indictments for misdemeanours cannot be made at sessions under Lord Ten- Of orders of removal, what matters amendable at sessions, 822 Of poor-rates, when proper, instead of quashing, 699 By sessions of orders of justices for mere informality, 645 AMICABLE CONTEST, 293 ANIMALS, Dead, stealing, 228 Of base nature, and feræ naturæ, or tame, stealing, 217, 218, 229 ANIMUS FURANDI, Must exist at time of taking, 214, 218, 227 ANIMUS REVERTENDI, 240 ANNOYANCES, To the public in using ways, 420 ANTECEDENT, 175, 176 APPOINTMENT OF OVERSEERS; see OVERSEERS APPEAL (IN GENERAL), What it is, 626 Is in nature of writ of error, id. Right to appeal must be expressly given, 626, 865 Its difference from certiorari, 626 Incidental power in sessions to adjourn hearing of, 650, 723, 724 Adjourning hearing of appeal, in case of equal division of opinion, 606, 617 Difference of technical precision required in orders and convictions on appeal Against order of removal by borough magistrates, 5, 632; see REMOVAL By parties grieved, and notice thereof, 628, 629 If given to parish officers, must be instituted by a majority, 630 Against poor's rates, overseers' accounts, and rates in nature of county rates in Giving recognizances before appealing, 632 Against poor's rates in general, 666; see POOR'S RATE Against order of borough sessions, 640 Right of parties grieved to, 629, 639 Parties to, 630 Where notice of appeal or recognizance omitted, and appeal dismissed on that account, the right of appeal is gone, 632 To what kind of session, 631 To what session in respect of place, id. In respect of time, 632, 633 Meaning of term "next session," id. Entering and respiting (or adjourning), 634, 650 Appeal cannot be entered and respited after dismissed for insufficiency of Limit of time for appeal, 630 Lodging at adjourned general session, 668 From what time, "next sessions" to be reckoned, in order to calculate time for giving notice of, and entering appeals, 635 Under inclosure and other local acts, 637, et seq. Steps preliminary to entering appeal, When party convicted must be informed of his right to appeal, 640 Waiver of right to such information, id. Notice of appeal, where requisite and when dispensed with, by entering into Sessions cannot impose by their practice, a new condition of appeal not re- Notice of appeal, written or verbal, 642-648 "Reasonable" time for giving notice of appeal, and practice of sessions as to Waiver of right to notice of appeal, 643 Giving notice of appeal, when does not dispense with proof of having given Time for giving notice of appeal, id. "Ten days' notice," id. "Ten clear days' notice," 643 "Fourteen days' notice at least," id. "Immediate " notice, id. Title, direction, and contents of written notices of appeal, 644 APPEAL (IN GENERAL)—continued. Stating grounds of appeal in notice, 645 Such statement dispensed with by respondents acting on the defective notice, 647 Notice of appeal when two magistrates convict together, 630, n. Notice of trying appeal, when necessary, after it has been respited, 646, 651 Entry, trial, and determination of, Entry of appeal by clerk of peace, 649 Calling on appeal and incidents, id. Proving notice of appeal, id. When sessions to decide on reasonableness of notice, and whether party misled Waiving proof of notice, 650; see 642 Moving to respite the hearing of appeal, id. Adjournment for absence of material witness, costs, 488, 650, 652 Respondents begin by supporting the order, &c., general rule and reason, 653 Exceptions in practice of some sessions, id. Parties not confined to evidence already adduced before the magistrates be- But cannot go out of grounds of appeal stated in notice, id. n. What evidence may be adduced on rehearing by sessions, pursuant to order Quashing order, conviction, &c. for non-appearance of respondents, how Opening appellant's answer to the respondent's case, id. Whole evidence offered should be heard, and not one side only, 658, 659, 828 But they may grant a case for opinion of judges of assize, or the queen's Effect herein of the certiorari being taken away, 655, 659 Judgment on, must be given by justices, and they cannot delegate judicial But may obtain opinion of third persons, 656, 664; see 877 If they afterwards determine the matter in doubt themselves there or at Special entry showing order of removal quashed on formal grounds, 657, Judgments of quarter sessions on appeals conclusive, though evidence impro- Except on case sent up by them to queen's bench, id. Hardship of this law, 659 Queen's bench can interfere and compel sessions to try, 659 So where entry on record of quarter sessions shows that no judgment was given; but not if a wrong judgment has been actually entered, 658 What justices can vote on, id. Altering their judgments during the sessions, 660 Equal division in opinion, id. General control of Q. B. by mandamus over practice of quarter sessions, par- Costs of appeals heard at quarter sessions, 664 Award of costs forms part of the judgment of the court, and amount must be ascertained by the order itself, 664 Order of sessions can be enforced by indictment, id. Against poor-rate; see POOR'S RATE Against stopping highways, allowing overseers' accounts, &c.; see HIGHWAYS, Right to, cannot be forestalled by certiorari, 919 Against orders of removal; see REMOVAL APPEARANCE, Under recognizance should be recorded, or party is not discharged, 125 Party has all the session to appear at, ib. APPLES, 232; see VEGETABLES APPREHENDING CRIMINALS, APPRENTICES, Ill treating; see ASSAULT, CRUELTY Jurisdiction of sessions over, in disputes with master, 605 Construction of act, ib. 606 When sessions may proceed in master's absence, 606 Sessions may order apprentice to be corrected, id. Settlement by apprenticeship; see SETTLEMENT OF POOR Form of order by two justices for discharging, on complaint of the master, Form of order for discharging, on his own complaint, 837 Form of order for continuance of, with the representative of his deceased ARMS, Training to use of; see RIOT Depôts for, in boroughs, 146 ARRAIGNMENT, Three parts of, 492 1. Calling prisoner to the bar by name, id. 2. Reading indictment, 493 3. Asking the prisoner whether he be guilty or not, and his plea, 498 Insanity of prisoner at time of, 494 Pleas on, 496 Proceedings on plea of not guilty, 498; see TRIAL ARREST, On civil process in face of court of quarter sessions, 85 ARREST OF JUDGMENT, For bad indictment, 515; see JUDGMENT ARTICLES OF THE PEACE, How this subject may come before sessions, 606 Recognizance for keeping the peace on, may be taken by a single justice for an indefinite time, 607 But better only to bind over to sessions, 609 Calling applicant for, at sessions, id. Process for not appearing to, 206 Surety may be continued, though the party aggrieved do not appear, 610 Exhibition of articles at sessions, id. Form and requisites of articles, id. Grounds of exhibiting, 611 Fear of bodily harm is essential, id. 612 Threat of imprisonment, 612 Must not be malicious or vexatious, id. Not merely because of existing variance, or suit with neighbour, id. Nor for danger to servants or cattle, id. May be for danger to wife or child, 613 Must show fear of present or future danger, id. ARTICLES OF THE PEACE-continued. May be demanded by any one, e. g. by wife against husband, 613 Against whom granted, id. Practice of sessions as to continuing surety on, id. 614 Recognizance on, discharged, On the applicant's death or demise of crown, 614 Not by release, id. Nor by pardon, id. Application may be originally made to sessions, 615 Amount of security, id. Bench warrant to arrest on, 616 Form of warrant to apprehend party against whom the application is made, Recognizance will be certified to next sessions, 616 When recognizance may be respited on good reason for party not appearing, at When recognizance will be forfeited for actual violence or default to appear, 617 Costs of exhibiting, 618 ARTIFICERS, Leaving kingdom, 473 ASPORTAVIT, 217; see LARCENY. ASSAULT, On indictment for a felony including a common assault, the jury may acquit of In what manner may be committed, id. 1. Common assault, what, 292, 293 May be by giving cantharides, setting on a dog, driving against, &c. 292. When justified as lawful correction, 294 Indictment may include assaults on more than one person, 294 And several assaults, id. May be adopted concurrently with the civil remedy, id. Summary remedy for common assault, by 9 G. IV. c. 31, s. 27, id. Certificate of magistrate, stating dismissal of complaint, or of payment of fine on condition, how far a bar to further proceedings, 295; see ADDENDA Not to be pursued in aggravated cases, 295, 296 Form of indictment for a common assault, 296 Form of summary conviction for, under 9 G. IV. c. 31, s. 27, 880 Assaults on masters or bailiffs by servants, 266 2. Assault aggravated by the nature and degree of violence used, 296-301 For assaulting and imprisoning a party till a promissory note was giren, 297 For assaulting a pregnant woman, whereby she was delivered of a dead For challenging a person and holding over him a drawn sword, 298 For assault and encouraging dog to bite, id. For assault by driving stage coach against prosecutor's chaise, 299 For assaulting a chaise driver, and overturning his chaise, id. For cruelly beating and ill-treating a parish apprentice, and keeping her 3. Assaults aggravated by intent to commit a higher crime, 301, e. g. to ravish, Assaulting child with intent, 302 n. |