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INSPECTION,

Of county rates, &c., 1012

INTENT,

How alleged in indictments, 200

Not indictable unless accompanied by an act, 286, 287
Laying different intents in different counts, 171
Proving, as laid in indictment, 195, 199

INTEREST; see WITNESS

INTERMEDIATE SESSIONS, 49

INTER PARES,

Non est potestas; see JUSTICES

INTERPRETER, 513

INTESTATE,

How to lay property in stolen goods of, before or after administration,
194, 225

INNUENDO, 391

IRONS,

Striking off prisoner, 499

JERSEY,

Larceny in, 161, n.

JOINDER,

Of different offences in one indictment, 168-171, 276, n.

Of two or more, as guilty of single offence, 516

JOINT,

Offence entails but one penalty, 860

Stock Companies, 692

Joint tenants,

Larceny of property from, how laid, 192

Cannot commit larceny of the joint property, 225

Assault on one or more persons at same time, 294

JOURNIES,

Larceny on, 163

JUDGMENT OF QUARTER SESSIONS-IN CRIMINAL CASES,
Reversed on error, if it awards punishment beyond the law, 142

Motion of arrest of, id. 515

Error to set aside, 142

Time to move in arrest of, 590

Time of,

Address in mitigation of punishment, id.

If prayer of judgment is improper, court will give the legal judgment, id. 591
Adjournment of, 590

Proclamation before, in felony, 591

Punishment in cases of felony, 592, 593

Punishment in cases of misdemeanour, 594

Cases of misdemeanour in which hard labour may be inflicted by, id.

Of paying fine in misdemeanour, how enforced, 600

Arrested for defect, which in civil proceedings would be ground of special
demurrer, 176

For what technical errors will not now be stayed or reversed, id.

Debt will not lie on, 455, n.

IN APPEALS; see APPEAL

Special entry of judgment in appeals where decision turns on form, 657,

827, 904, n.

JURISDICTION,

OF SESSIONS,

In general, how created, 1

When exclusive, 1, 2

In cities and towns corporate, 4

Of county justices in boroughs, 7

OF THE QUARTER SESSIONS OVER OFFENCES,

Generally over felonies and indictable offences, but not over treason, &c.
perjury at common law, or forgery, 59, 291

Generally over misdemeanour, but not over perjury at common law, 291
Over offences newly created misdemeanour by statute, 140, 291

Not over such offences directed to be tried by justices of oyer and terminer,
140, 141

Actual jurisdiction of quarter sessions, how limited in practice; see GENE-
RAL QUARTER SESSIONS

Exceeding in award of sentence, 142; see ERROR

Of county sessions within boroughs, 146

Extent of jurisdiction in point of locality, 147

ORIGINAL JURISDICTION OF THE SESSIONS IN CIVIL AND PENAL MAT-
TERS, 604

In case of apprentices, 605; see APPRENTICES

In case of articles of the peace, 606; see ARTICLES OF THE PEACE

In case of incorrigible rogues, 618; see VAGRANTS

In appeals; see APPEAL

JURORS IN GENERAL; see GRAND JURY, PETTY JURY
From what place might come at common law, 188, n.

Returning sufficient number of, to provide for challenges, 56, n.
Exhausting jury panel by challenges, &c., 507

Revision of the law respecting, by 6 G. IV. c. 50, 110

Parties liable to serve as grand and petty jurors at sessions, id. 111
Parties exempted from serving as, 111, 112

Chartered immunity from serving as, abolished in boroughs, 112
Persons so exempted may serve, if returned on the panel, id.

Liability to serve as, on coroner's inquest, 439

Persons disqualified from serving as, 112

Warrant to be issued by clerk of peace to high constables to issue precepts to
petty constables to return list of jurors liable to serve on juries, with forms
of precepts and returns, 113

Form of warrant, 113

Precept to be issued by each high constable to the parish officers within his

district, 114

Form of precept, id.

List to be returned by parish officers, 116

Form of list, id.

Lists to be prepared and affixed on doors of places of worship, to remain during
three first Sundays of September, 115, 116

Special petty sessions for correcting lists, by striking out names of persons
exempted or disqualified, 116

How amended, id.

Corrected lists allowed by special petty sessions, are to be delivered by high
constable to quarter sessions, 117

Lists to be kept by clerk of the peace and copied into " Jurors' book," to be
delivered each year to the sheriff for use for one year, beginning 1st January
after delivery, id.

Names of petty jurors to be taken from this book only, id.

Process to the sheriff, requiring him to return juries from the body of the
county, id.

Grand, how summoned, 118; see GRAND JURY

Petty, how summoned, id.; see PETTY JURY

JURORS IN GENERAL-continued.

Qualification and disabilities of grand and petty jurymen at sessions are similar,
and their names are taken from same returns, 118

Secus at assizes, id. n.

Irish peer may serve on grand or petty jury if he is an M.P., id.

How individuals summoned to serve as grand or petty jurors, id.

Where panel of petty jurors is exhausted by challenges, &c. court may orally
require the sheriff to return a jury immediately of the bystanders, id.

Time and mode of summoning, 119

Fining jurors for not attending, 120

Persons exempted from serving, but summoned, must attend, and claim their
privilege at sessions, if their names remain on jurors' list, id.

Contempt by, in not attending, refusing to be sworn, (subject to exceptions
introduced by statute,) or to give verdict, &c., 84, 120

Service within a certain time, and what, exempts from further service, 118, 119
Misconduct in summoning or excusing jurors, 119

Penalty on officers for neglect of duty in summoning and returning, 120, 121
Qualification of jurors in liberties, boroughs, &c. having separate jurisdiction,

122

Qualification of jurors at the London sessions, id.

Discharging, withdrawing juror,—verdict, protection, &c.; see TRIAL

JUROR,

On trial of nuisance, 210, 408; see NUISANCE, HIGHWAYS

JUSTICES IN SESSIONS,

Judicial power of, in appeals, 827; see DELEGATING POWER

JUSTICES OF PEACE,

Original institution, 2

Their commission set forth, 65, (and see 2)

Duty of, as to persons charged before them with felony or misdemeanour, 9, 10
Fining, for not delivering depositions according to statute, 10

When expedient that more than one should act, 11

Who disqualified from acting in alehouse licensing meeting; see LICENSE

Two at least necessary to compose a quarter session, 67

Meaning of the phrase " of the quorum,” id.

Almost all justices now" of the quorum," id.

May act for adjoining counties, if resident in one, 68, n.

May act in detached parts of other counties, when, 68, 187
In boroughs; see BOROUGHS

QUALIFICATION OF, IN COUNTIES, 68

Annual amount of property they must possess, id.

Must continue to possess it as long as they act, id. n.

Must not act after assigning property, id.

And will not be entitled to notice of action if he does, 69, n.

Penalty for acting without, 68, 69

Oath of qualification, and form of it, 69

To be subscribed and kept in record of session, id.

Attested copy of, evidence, id.

Proof of qualification lies on justice, if defendant in action, 70

Justice must give notice to informer of lands not specified in oath, if he mean

to rely on them, id.

Lands only available for value beyond incumbrances, id.

Action for penalty incurred in acting without, id.

Plaintiff in, may discontinue, when, id.

When defendant entitled to treble costs, id.

Only one penalty recoverable, id.

No proceedings can be had after action bona fide for prior acts, id.
Must be brought within six months, id.

Provisions as to qualification only extend to county justices, 69, n., 70
Exceptions to provision as to, 70

JUSTICES OF PEACE-continued.

Dedimus potestatem writ must be sued out in order to take oath of office before
justice can act, though named in commission, 71

Oath of office, id.

Oaths of allegiance, supremacy, and abjuration, to be taken by, 72

Oaths, &c. to be taken by, but once in a reign, 74

Roman Catholic magistrates' oaths, 73

Declaration by them of not exercising influence to injure the Protestant church,

in lieu of the sacramental test, 74

Where to be made and subscribed, id.

Where preserved, id.

Consequence of omission to make, id. 75

Persons disqualified from acting as sheriff (1 M. sess. 2, c. 8, s. 2), coroner,
attorney, solicitor, or proctor, and practising, 75

Except in towns corporate, or towns being counties of themselves, or in bo-
roughs not named in 5 & 6 W. IV. c. 76, 75

How discharged from their office, id.

Not discharged by new dignity, id.

Not amerced for non-attendance on sessions; exception, 76

Wages for attendance at sessions, 76, and 5 Burn's J., by Chitty, 28th edit.
620, n.

Clerks of fees, 77

In Middlesex, id.

How should dispose of penalties received out of session, id.

PROTECTION of,

For slander or contempt out of session, 78

May sue or indict for words spoken, when, id.

May commit for contempt, when, id.

When more discreet to sue, or indict, than commit for contempt, id.

Form of indictment for insulting in execution of his office; see INDE-

CENCIES

In session,

Justices may commit for contempt, when, 86, and notes

Cannot grant an attachment for contempt, see ATTACHMENT
LIABILITY OF,

Out of session, 78

Never liable criminally for mere error, id.

For corruption, liable to indictment or information, 79

Complainant in information against, must himself be guiltless, id.
Information against, must be moved for within two terms, id.
Information not granted late in second term after offence, id.

Notice of motion for information necessary, id.

On information granted, prosecutor must not proceed civilly, id.

If action and indictment be brought for same cause, the indictment may
be stayed by nolle prosequi, id.

When magistrate completely answers the rule for information, he shall
have costs, id.

When magistrate's conduct has been illegal, but not corrupt, rule may be
discharged without costs or on payment of costs, id.

When trespass lies against a magistrate, id. ; see ACTION

When a conviction protects a magistrate, id. 80

When an action on the case lies against a magistrate, 80

How far action available against magistrate if conviction is quashed, id.

Limitation of actions against, id.

Notice of action against a magistrate, and its requisites, 81, 82, 83

Justice is entitled to notice when he bond fide believes himself to act in
pursuance of statute, 82

Tender of amends by a magistrate who has acted illegally, 83

Payment of money into court by a magistrate after action, id.
Venue in action against magistrate local, id.

Need not plead specially, id.

JUSTICES OF PEACE-continued.

LIABILITY Or-continued.

Protection of justices for act done in session, 86, 87

No action will lie for act done in, id.

Whether criminal proceedings will lie for acts done in, 87

Form of indictment for insulting a justice in the execution of his office, 392
Against a justice for causing a person to be imprisoned in a matter over
which he had no jurisdiction, 442

Against justices for corruptly refusing a publican's license, 444
ORDERS OF; see ORDERS OF JUSTICES

KING'S EVIDENCE, 156

KNOWLEDGE,

Proving as laid in indictment, 519

Proving guilty knowledge, 529, 845

LABOUR; see HARD LABOUR

LAND TAX, 688, 797

LANDLORD'S TAXES, 688

LANDLORD AND TENANT; see DISTRESS

LARCENY AT COMMON LAW,

Distinction between grand and petty, abolished, 214, 231
Definition of, 214

What taking necessary to, 215

What carrying away necessary to, 216

What goods are the subjects of larceny, 217

Petty thefts, 217, 231

When goods stolen by A. are stolen from him by B., 194

Of securities or animals, 217, 218

What description of goods the subject of, 218

Must be things of intrinsic value, id.

Must be things in which there is a property, therefore not wild animals, &c., id.
Must be things unconnected with real estate, id.

What possession is necessary to make a taking from it larcenous, id.

Distinction between larceny and swindling or breach of trust, in cases of
sale, hiring, loan, bailment on trial, deposit, 219

Finding goods, id.

Owner parting with property or merely with possession, id.

Servants, drovers, &c. trusted with property, 221, 226

Possession of plate, sheets, &c. by guest at inn, 222

Lodgers, 259

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How far things taken must be another's, 225

How a man may be guilty of larceny of his own goods, id. 232

Special property in goods stolen, as by carrier, &c.; see CARRIER

Every larceny is now subject to same incidents as grand larceny, 231

In a dwelling house, 236-244

Intent to steal essential to larceny, 225-227

Claim of right, 227

In one county or part of united kingdom, and carrying into another, 160,
161; see VENUE

In France or Jersey, &c. and having possession of the stolen goods in England,
161, 171, n.

On journeys or inland voyages, 163

Form of indictment for larceny, 227

Form of indictment for subsequent felony after previous conviction, 228

Points relating to indictment for larceny, 229-235

Description of the things stolen, as to number, quantity, species, entire or
mixed, value, annexed to freehold, &c., 229

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