CORONER-continued. Indictable for neglect or refusal to take inquest on notice, 445, 449 To pay expenses of inquests, immediately after they terminate, 99 Sessions may refuse order for fees in cases where no inquest should have beea Queen's bench will not interfere with this discretion if duly exercised, 100 Expenses of coroner's inquests, 99 Prevalent remissness of, in framing inquisitions, 101, n. May commit to house of correction, near place of holding assizes or sessions, 94 Indictment against township for burying a body without notice to coroner, id. CORPORATION, Property of, how laid in indictment, 193 CORPSE, Arresting, 394 COSTS, Of appeal "heard and determined," 664 Costs of the day, when appellant gives and does not countermand notice, id. Mode of compelling payment in that case, 936 In cases of felony, Whether bills preferred or not, 937 Certificate of magistrate requisite, 938 Witnesses need not be under recognizance in order to get their ex- In certain cases of misdemeanour, Whether bill preferred or not, 939, 940 Misdemeanours enumerated, in prosecutions for which costs are allowed, 939 Mode of obtaining order for paying costs of prosecutor and witnesses, 940 Regulation of rates of allowance, id. Of prosecutions, Ordered by special sessions, for not repairing highways, paid out of highway rate, 942 Of nuisance by steam-engines, 943 Of disorderly houses by parish officers, id. On appeals against poor's rate, id. 675 On appeal against orders of removal, whether prosecuted after notice or not, 944 On appeals against overseers' accounts, 951 On vagrant act, id. Under public house licensing act, id. Of apprehending offenders, 938 How to be allowed by sessions, 656, 664, 877 Costs of the day, 664 Meaning of terms “costs and damages" in an act, 636 COUNTING-HOUSE; see SHOP COUNT OF INDICTMENT, Each is quasi a distinct bill, 165; see INDICTMENT COUNTY, When includes town corporate, 6 At common law, a felony committed partly in one, and partly in another, could Indictment in either of several counties, id. Stealing in one county, or part of United Kingdom, and carrying stolen goods Road out of repair in one parish situate in two counties, 413 Offences on borders of, or partly in one, and partly in another, 162, 163, 187; Offences in parts of, detached from rest, and surrounded by another Describing property of, in indictment, 192 Parish lying in two counties, 413 COUNTIES (CORPORATE), OR OF CITIES OR TOWNS, Recorders in, 6 Trials in, 62, n., 145 Indicting in adjoining county at large, though crime committed in that county, 156 Removing capital offenders from, 146 Jurisdiction over places added to by boundary act, 2 & 3.W. IV. c. 64; 148 COUNTY COURT, Power of sheriff for contempt, 84 COUNTY RATES, 1008; see CONSTABLES (HIGH) COUNTY TREASURER, 1008, n. COUNTS, Several, in indictment, 169 COURT OF RECORD, 120; see GENERAL QUARTER SESSIONS CRUELTY, To children, apprentices, servants, or paupers, active or by nonfeasance, 291, 300 Indictment against a mistress for not providing sufficient food for a servant, Indictment for neglecting to provide an apprentice of tender years with suffi- Indictment against overseers for cruelty to a pauper, 355 CUMULATIVE, 288, 300, n., 305, n. CURTILAGE, 238, 241, 243 Indictment for breaking building within, 244 CUSTOS ROTULORUM, Who, 63 Principal person in session of the peace, id. Office of, distinct from that of lord lieutenant, id. Has actual custody of records of the sessions, 64 How appointed, id. Manner of appointment, id. May convene special sessions, 15 Cannot alone convene a general session of peace, 49 May convene a general session with concurrence of one justice, id. Ought to attend sessions by himself, or his deputy, the clerk of the peace, 61 Appoints clerk of the peace, id. May not sell office of clerk of the peace, 65 Of deceased persons, 533 By rated inhabitant is evidence on settlement appeal. See R. v. Hardwick, DEDIMUS POTESTATEM, Writ of; see JUSTICES DEER, Offences relating to, 256 Form of indictment for coursing, &c. in inclosed places, 257 Form of indictment for coursing, &c. in uninclosed places after a convic- Form of indictment for assaulting keepers in the execution of their duty, 258 Form of conviction for having venison in possession without satisfactorily Form of conviction for setting a snare in a forest to take deer, 885 DEFECT OF FORM, 807 DEFENCE OF PRISONER, Counsel of prisoner may address the jury and court, 571; see BARRISTER, So may party indicted, id. Evidence in answer to charge, 571, 572 Drunkenness, insanity, infancy, 573 Coercion of wife by husband, 574 Discrediting witnesses; see WITNESS Evidence to character, 577 When a reply is given to prosecutor's counsel, 578; see TRIAL DEFENDANT, Need not be present in order to a conviction for misdemeanour, 499, 587 Judicial authority, illegal, 656, 664, 877 DEMISE OF CROWN, 203 DEMURRER, Objections to indictments which would be cured by judgment, should be taken DEPOSIT, Of money on pretended wager, 221 DEPOSITIONS (viz. “INFORMATION ON OATH"), Duty of justices to return to sessions, (7 G. IV. c. 64, ss. 2, 3, 5,) 9, 10, 513, 514 Evidence of, in general, in criminal cases, 537 Fining justices for neglect, 10 Cannot be used before grand jury, 156 How used, where no counsel for prosecution, 134 Copies allowed to prisoners, 10, 567 Inspecting by prisoners, 568 Copying for inspection by prisoners, 567 How to be used by prisoner's counsel, 568 DESCRIPTION, In indictment, if material, must be proved, 518 DETAINER, FORCIBLE, Detaining prisoner in order to fresh indictment, 302 Form of conviction for, 887 DIFFERENCE IN OPINION, Among justices at sessions, 61, 648, 961 DISCHARGE, Of persons bound over to keep the peace should be at end of sessions, 155 Money given to prisoners on discharge, id. Fees on, abolished, 603 Alleged exception, id. DISCHARGING JURY, If indictment bad, 514 If prisoner or juror ill, witness absent, &c., 583, 584 DISPENSATION, By king prevented, 955 DISSENTERS, Certifying places of worship to archdeacon's court or bishop, 152 Registry of places of worship at quarter sessions, 151 Preachers may be required to take oath, 152 May insist on registry, &c. as matter of right, id. Stealing from chapel of, 280, n. Form of indictment for disturbing in worship, 389 DISTRESS, Rescue of, indictable, and forms of indictment; see tit. ESCAPE AND RESCUE DIVIDING COURT OF QUARTER SESSIONS, 166 DISTRINGAS; see OUTLAWRY DIVISIBLE, Averments in indictment, 195, 199, 515 DIVISIONS OF COUNTIES, For special sessions, 14-17 What are properly such, 14 Altering, 17-20; see SPECIAL SESSIONS Same limits may be fixed to them as to poor law unions, 20 DOG STEALING, &c. Form of conviction for stealing a dog, under 7 & 8 G. IV. c. 29, s. 3, 885 DRAFT; see CHECK DROVER, Larceny by, 221-223 DRUNKENNESS, 573 DUEL; see CHALLENGE DULY, 855, 857 DWELLING HOUSE, What is, 240, 241 EGGS, Stealing, 232 ELECTION, By prosecutor out of several felonies charged, 276, 527-529 EMANCIPATION OF CHILDREN, 738 Law as to; see SETTLEMENT OF POOR EMBEZZLEMENT, Venue in, 164, 267 Particulars of charge, delivering to prisoner, 267 Felonious, by clerks and servants, Distinction between larceny and embezzlement, 261 Provision of 7 & 8 G. IV. c. 29, s. 47, id. Circumstances of employment, &c. necessary to constitute a felonious em- Prisoner must be " clerk or servant" in fact, 262 Provisions as to indictment for, 262-266 Form of indictment for, 268 Charging three acts of embezzlement, 266 Particular of acts intended to be relied on should be delivered to defendant, Count to be added for larceny at common law, 269 Not amounting to felony, 1. Embezzlement or misdemeanour at common law, 355 Form of indictment against a surveyor of the highways for using materials 2. Embezzlement by bankers, attornies, and agents made a misdemeanour, Proviso, that the act shall not extend to trustees or mortgagees, &c., 358 |