TOWNSHIP, Churchwardens of township within a parish, are not overseers of parish, 998 TRANSPORTATION, Original power of, was vested in the quarter sessions only, 593 Voluntary, by convict, id. 966 Entry of judgment of, 593, n. TRAVERSE; see POSTPONEMENT OF TRIAL Law of, before 60 G. III. c. 4, 155, 481 Who are now deprived of right to, id. Who may still traverse, 484 Proceedings on traverse, id. Form of recognizance to try a traverse, id. Notice by defendant to try a traverse, and its requisites, 485, 486 Form of notice by defendant to prosecutor of trial of traverse, 485 Form of affidavit of service of notice of trial of traverse, 486 Proceedings after notice when prosecutor does not appear, id. Proceedings when prosecutor could not be found to be served with notice, id. Fees on, due to clerk of peace, 603 TRAVELLER, Commercial, 262; see EMBEZZLEMENT TREASON, 84, n., 140 TREES AND SHRUBS, STEALING, CUTTING, OR DAMAGING, Stealing, or damaging with intent to steal, when made felony, id. When punishable by summary conviction, 251 When felony, id. Form of indictment for stealing trees exceeding 11. in value from certain For cutting trees and doing damage exceeding 11. with intent to steal, id. Form of indictment for stealing plants, fruits, &c. growing in a garden, after Form of convictions for offences relating to, On 7 & 8.G. IV. c. 29, s. 38, for stealing trees of the value of 18., 897 For second offence under same section, id. TRESPASS; see POISONED FOOD, Every felony or misdemeanour includes a trespass merged therein, 215, 302 Distinguishing from larceny, 225, 226 TRESPASSES, Within jurisdiction of sessions, under commission, 59, 140 Act of trespass not larceny, 65 TRIAL, Of offences in counties of cities or towns, 145 Notice of, by defendant to prosecutor, 485 Proceedings at, when prosecutor does not appear, id. Prisoner's holding up hand in felony, 493 Returning money, &c. taken from prisoner, id. Reading indictment, id. Insanity of prisoner at time of arraignment, 494 Quashing indictment before plea, 496 Asking the prisoner if guilty or not, and his plea, id. Consequence of refusal to plead, standing mute, deaf, &c., 497 Remarks on the practice of persuading prisoners not to persist in pleading Proceedings on plea of not guilty in felonies, 498 Striking irons from prisoner, 499 In misdemeanour defendant (who has pleaded) need not be present, id.; Calling the jury, 499 Time of informing prisoner of right to challenge, id. Challenges, swearing the jury, proclamation in case of felony, charging the Opening speech for prosecution, 510 Duty of counsel in making, particularly in opening declarations or con- None but counsel may make, 513 Examining witnesses, id. Discharging jury in this stage, if indictment bad, 514 Parts of charge requiring proof, 515, et seq. Where two things charged, proof of one will suffice, when, 517; see EVIDENCE Affirmative to be proved by prosecutor, 518 Degree and quantity of proof required to sustain charge, 519 Kind of proof required, 521 Of confining evidence to a single felony, 527 Necessity of producing the best evidence, 530 Competency of witnesses; see WITNESS Calling and examining witnesses; see WITNESS Direction to witnesses to withdraw, and consequence of their disobeying the Office of counsel for prisoner; see DEFENCE Defence: address of prisoner or his counsel; see DEFENCE Several counsel for several prisoners jointly indicted, each may address jury, Evidence in answer to the charge; see EVIDENCE As to discrediting witnesses; see WITNESS Evidence of character; see EVIDENCE Evidence of prosecutor in reply to evidence for accused, e. g. proof of his Right of defendant's counsel to address jury on such evidence, id. Prosecutor's general reply, 580–582 Summing up, 582 Bill of exceptions inadmissible, id. Discharging jury on illness of prisoner or juror, absence of witness, &c., id. Deliberation, retirement, and separation of the jury, 584 TRIAL continued. Jury may take with them papers which have been in evidence, 585 When part of a charge of felony or misdemeanour may be found, 586 Proceedings at delivery of verdict, recording, reconsidering, &c., iă. Protection of jurors in respect of verdict, except for gross misconduct, 589 New trial never granted after acquittal, 590 Motion in arrest of judgment, id. Address in extenuation, id. Discretionary punishments, 593, 597 Of malicious injuries to property, 594 Of higher offences, or offences subjected to imprisonment by new acts, Imprisoning party already in prison on previous sentence, 598 Punishment of misdemeanours by hard labour, 594 By fines, 600 Passing discharged prisoners to their parishes, 602 No fees on their discharge, 603 OF APPEALS; see APPEAL TRIERS, 505 TRINODA NECESSITAS, 405 TURNPIKE ROAD COMMISSIONERS, TWELVEMONTH; see YEAR TWILIGHT, 186 UNDER-SHERIFF, Not to practise at sessions, 136 UNDERWOOD, 691 UNDERWOODS, Rates to poor; see Poor's RATE UNITED KINGDOM, Offences committed out of, 129 What are parts of, id. 161 Jersey is not, 161, n. UNKNOWN, Owners of stolen goods, 232 To the jurors unknown, 169, 191, 232, 233, 312 Child's name, 191 In cases of receiving where principal unknown, 232, 278 Prisoner, how described in indictment, 181 Indictment laying goods in unknown person, 194, 235 UNLAWFULLY, 198 4 B UNTIL, 175 USURY, Not indictable at sessions, 141, and n. UTENSIL, Stealing utensil fixed to building, 247 UTTERING; see COIN When other utterings of bad money evidence of guilty knowledge, 529 VAGRANTS, Act now in force respecting, 618 Certiorari remains, 915, n. Idle and disorderly persons, who are, and how punished, 619 Rogues and vagabonds, who are, and how punishable, 620 Incorrigible rogues, who are, and punishment of, 622 Power of justices and constables on suspicion of vagrancy, 623 Binding over witnesses in case of appeal, id. Enforcing punishment when appellant does not appear, id. Form of conviction of, 898 VALUABLE SECURITY, VALUE, Laying, in indictment, 231 Intrinsic, in larceny, 217; see PAPER STAMP Net annual, of lands, &c. in order to poor's rate thereon; see POOR'S RATE VARIANCE; see CERTAINTY In name of injured party, or prosecutor, 190; see INDICTMENT In indictments for misdemeanours are fatal at quarter sessions, 481 VEGETABLES, &c.; see TREES Summary punishment for stealing in gardens, &c., 252 Second offence, in stealing in gardens, &c. felony, id. Stealing plants and roots, when not in gardens, punishable on conviction, 253 Form of conviction for first offence in stealing fruit, &c. growing in garden, For damaging fruit with intent to steal, id. For stealing cultivated roots not growing in a garden, orchard, &c., 891 VENIRE FACIAS, Awarding after indictment for misdemeanour or articles of peace found, 206 VENUE IN INDICTMENTS, At common law must be laid in the county where offence committed, 159 In simple larceny may be laid in the county where goods are carried by thief, Or where thief has goods in his possession, id. VENUE IN INDICTMENTS-continued. Exceptions, 160, 161 Rule where theft is by several who afterwards separate, or remain in com- If the nature of the property be changed, as by breaking to pieces, 161 In case of accessories, 162 In case of offences on borders of counties, id. In case of offences on voyages or journeys, 163 In case of receivers of stolen goods, id. In libel, 164 In indictment for sending threatening letter, id. In body of indictment, id. Want of proper or perfect, is not now a ground for staying judgment, 164 Issuing, to arrest before indictment found, for what offences, 125, 126 Backing, 207 Instance of general warrant in vagrancy still legal, 623 Arresting without, for offence the subject of summary conviction by justice, 304 |