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ALEHOUSES-continued.

Precepts and notices of annual licensing meeting, how given, 22
How such meeting adjourned, 23

Appointment by, of special sessions for transferring licenses, id.

Notices of adjourned or of other special sessions for purposes of this act, 24
What justices disqualified from acting at, id.

When county justices may interfere in meeting holden for a town corporate,
&c. 25, n.

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
Form and duration of licenses granted at, id. n.

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
Proceedings at, for first and second offences against the terms of license, id.
May remit complaint of third offence to quarter sessions, 33

May bind over constable, or other party, to prosecute at sessions, 34
Appeal from acts of special, to quarter sessions, id.

How justices of special sessions indemnified against costs of such appeal, 36
May be closed by two justices, on occasion or apprehension of riot, 32, n.
Form of conviction,

For selling excisable liquor without license, 880

Against publican for selling excisable liquor to be drunk in other premises
than those licensed, 881

Against a licensed publican for first or second offence against tenor of
license, id.

Form of indictment against justice for partiality in refusing to grant
license, 444

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-
terden's act, 197, 481

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
From petty or other session to quarter sessions, 48

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
From convictions under acts respecting larceny and malicious injuries, where
penalty exceeds 57. or imprisonment one calendar month, or only one jus-
tice acted, 625

Difference of technical precision required in orders and convictions on appeal
against either, 628, 629

Against order of removal by borough magistrates, 5, 632; see REMOVAL
Parties to, 628

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
boroughs, 6

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
grounds of appeal, 724

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
recognizance, id.

Sessions cannot impose by their practice, a new condition of appeal not re-
quired by statute, 642

Notice of appeal, written or verbal, 642-648

"Reasonable" time for giving notice of appeal, and practice of sessions as to
requiring and dispensing with, 642

Waiver of right to notice of appeal, 643

Giving notice of appeal, when does not dispense with proof of having given
recognizance, 643

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
Service of notice of appeal, 648

Notice of appeal when two magistrates convict together, 630, n.

Notice of trying appeal, when necessary, after it has been respited, 646, 651
Adjournment, when distinguished from respite, 647

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
by it, 650

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
And in case of error on face of conviction, &c., id.

Exceptions in practice of some sessions, id.

Parties not confined to evidence already adduced before the magistrates be-
low, id. 875, n.

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
of queen's bench, 655

Quashing order, conviction, &c. for non-appearance of respondents, how
effected, 654

Opening appellant's answer to the respondent's case, id.

Whole evidence offered should be heard, and not one side only, 658, 659, 828
Justices absolute judges of facts, and no bill of exception lies, 655,903; see
658

But they may grant a case for opinion of judges of assize, or the queen's
bench, 658

Effect herein of the certiorari being taken away, 655, 659

Judgment on, must be given by justices, and they cannot delegate judicial
authority, 656

But may obtain opinion of third persons, 656, 664; see 877

If they afterwards determine the matter in doubt themselves there or at
adjournment of session, 656, 657

Special entry showing order of removal quashed on formal grounds, 657,
904, n.

Judgments of quarter sessions on appeals conclusive, though evidence impro-
perly received or rejected, 658

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-
ticularly in regard to dismissing appeals, 661

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,
OVERSEERS, &c.

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
Default to appear at sessions according to recognizance, 206

Party has all the session to appear at, ib.

APPLES, 232; see VEGETABLES

APPREHENDING CRIMINALS,
Costs, of, 937

APPRENTICES,

Ill treating; see ASSAULT, CRUELTY
Enlisting as soldiers, 311, 320

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,
836

Form of order for discharging, on his own complaint, 837

Form of order for continuance of, with the representative of his deceased
master, 837; see SETTLEMENT BY APPRENTICESHIP

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
Consequence of refusal to plead, 497

Insanity of prisoner at time of, 494

Pleas on, 496

Proceedings on plea of not guilty, 498; see TRIAL
Striking irons off the prisoner, 499

ARREST,

On civil process in face of court of quarter sessions, 85
For what offences, before indictment found, 125

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
Application should be made in the neighbourhood, id.

Amount of security, id.

Bench warrant to arrest on, 616

Form of warrant to apprehend party against whom the application is made,
616; see 206

Recognizance will be certified to next sessions, 616

When recognizance may be respited on good reason for party not appearing, at
the next sessions, 616

When recognizance will be forfeited for actual violence or default to appear, 617
Estreats and proceedings on recognizance forfeited, id.

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
the felony and find the party guilty of the assault, 173, 595.

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.
What provocations will justify, 293, 294

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
Punishment of common assault, 296

Assaults on masters or bailiffs by servants, 266

2. Assault aggravated by the nature and degree of violence used, 296-301
Form of indictment for assault and beating out an eye, 296

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
child, id.

For challenging a person and holding over him a drawn sword, 298
For assaulting a person, taking a loaded gun from him, levelling at him,
and using threats, id.

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
without necessary food, 300

3. Assaults aggravated by intent to commit a higher crime, 301, e. g. to ravish,
&c., 302, 303

Assaulting child with intent, 302 n.

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