the peace of our said lady the Queen, and to injure and annoy a great number of the peaceable subjects of our said lady the Queen in their persons and properties; and that by means aud in pursuance of the said wicked solicitations, instigations, and endeavours of the said A. B. a great number of persons, to the number of one hundred and more, to the jurors aforesaid as yet unknown, afterwards, to wit, on, &c. with force and arms, at, &c. aforesaid, unlawfully, riotously, routously, and tumultuously assembled and gathered together to disturb the peace of our said lady the Queen, and being so assembled and gathered together, did then and there unlawfully, riotously, routously, and tumultuously continue together in a riotous and tumultuous manner for a long time, that is to say, for the space of two hours then next following, and during all that time committed many great and violent outrages in breach of the peace of our said lady the Queen; to the great terror, disturbance, and grievance, not only of many of her said majesty's quiet and peaceable subjects then inhabiting and residing there, but also of all other of her said majesty's quiet and peaceable subjects then and there passing and repassing in and about their lawful affairs and business, in contempt of our said lady the Queen, in open violation of the laws, good order, and government of this realm, and against the peace, &c. [Add a second count for the solicitation, omitting the statement of the actual assemblage.]

Soliciting an artificer to leave the kingdom is no longer an indictable offence, stats. 5 G. I. c. 27, 23 G. II. c. 13, s. 1, and 25 G. III. c. 67, s. 6, 7, having been repealed by 5 G. IV. c. 97.

SECTION XXVI.

SPRING-GUNS AND MAN-TRAPS-SETTING.

THE setting spring-guns and man-traps for the defence of property with sufficient notice brought home to the party, having been holden lawful in Ilott v. Wilkes (g), stat. 7 & 8 G. IV. c. 18, s. 1, enacted, "That if any person shall set or place, or cause to be set or placed, any spring-gun, man-trap, or other engine calculated to destroy human life, or inflict grievous bodily harm, with the intent that the same, or whereby the same, might destroy or inflict grievous bodily harm upon a trespasser or other person coming in contact therewith, the person so setting or placing, or causing to be so set or

(g) 3 B. & Ald. 304. This decision turned entirely on the defendant having had notice; and in a case where a springgun was set without notice, in a garden completely walled round, and at a distance from the defendant's house, and

plaintiff, who had climbed over after a strayed fowl, was shot, he was held entitled to recover, Bird v. Holbrook, 4 Bing. 628; 1 M. & P. 607, S. C.; Jay v. Whitfield, 3 B. & Ald. 308; 4 Bing. 644, S. C.

placed, such gun, trap, or engine as aforesaid, shall be guilty of a misdemeanour."

And by s. 3, "if any person shall knowingly and wilfully permit any such spring-gun, man-trap, or other engine as aforesaid, which may have been set, fixed, or left in any place then being in, or afterwards coming into, his or her possession or occupation, by some other person or persons, to continue so set or fixed, the person so permitting the same to continue shall be deemed to have set and fixed such gun, trap, or engine, with such intent as aforesaid." But by s. 4, these provisions are restricted from extending to any man-trap, spring-gun, or engine set from sunset to sunrise in a dwelling-house for its protection; and by s. 2, from rendering illegal such gins or traps as may have been or may be usually set with the intent of destroying vermin. The punishment may be fine and imprisonment, or either, in the discretion of the court.

Indictment for unlawfully setting a Spring-Gun.

That A. B. late of, &c. on, &c. with force and arms, at, &c. knowingly and unlawfully did set and place, and cause to be set and placed, in a certain wood of him the said A. B. there situate, a spring-gun, being an engine calculated to inflict grievous bodily harm, the same being then and there loaded with gunpowder and leaden shot, with intent that the same might inflict grievous bodily harm upon a trespasser coming in contact therewith; against the form of the statute, &c. and against the peace, &c. [Add a second count, substituting the words "whereby the same," for the words "with intent that the same."]

SECTION XXVII.

WILLS-STEALING OR DESTROYING.

Offence under 7 & 8 G. IV. c. 29, s. 22.]-Though it had long been felony to alter any part of a will with a fraudulent intention, it was not, before 7 & 8 G. IV., any offence whatever to destroy a will altogether, or to conceal it, which might be equally criminal in design, and produce equal mischief. To remedy this flagrant defect in the law, the 7 & 8 G. IV. c. 29, s. 22, enacts as follows:-" That if any person shall, either during the life of the testator or testatrix, or after his or her death, steal, or for any fraudulent purpose destroy or conceal, any will, codicil, or other testamentary instrument, whether the same shall relate to real or personal estate, or to both, every such offender shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to any of the punishments which the court may award as

herein before last mentioned (that is, transportation for seven years, or fine and imprisonment, with hard labour, for two years). And it shall not, in any indictment for such offence, be necessary to allege that such will, codicil, or other instrument, is the property of any person, or that the same is of any value." But by s. 24, no person can be convicted of this offence, who shall, previous to indictment, have disclosed the fact on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit, or proceeding which shall have been bona fide instituted by any party aggrieved; or if he shall have disclosed the same in any examination or deposition before any commissioners of bankrupt.

Indictment for stealing a Will.

That A. B. late of, &c. on, &c. with force and arms, at, &c. a certain will before then made and executed by one C. D. then and there being found, unlawfully and fraudulently did steal, take, and carry away; against the peace, &c.

Indictment for concealing a Will for a Fraudulent Purpose.

That A. B. late of, &c. with force and arms, at, &c. a certain will before then made and executed by one C. D. unlawfully, and for a fraudulent purpose, did conceal; that is to say, with the fraudulent purpose and intent of preventing E. F., G. H., and I. K. from obtaining and receiving certain monies, goods and chattels, in and by the said will bequeathed to them by the said C. D. at the death of the said C. D. and of obtaining for himself the said A. B. a share thereof as the next of kin of the said C. D. at and after the death of the said C. D.; against the form, &c. and against the peace, &c.

SECTION XXVIII.

WRITINGS RELATING TO REAL ESTATE-STEALING.

Offence under 7 & 8 G. IV. c. 29, s. 23.]—At common law it was no offence to purloin writings relating to real estate, as they were considered as savouring of the reality; and this absurd fallacy was extended even to place the chest which might contain them, out of the protection of the law. But 7 & 8 G. IV. c. 29, s. 23, now enacts, "That if any person shall steal any paper or parchment, written or printed, or partly written and partly printed, being evidence of the title or of any part of the title to any real estate, every such offender shall be deemed guilty of a misdemeanour, and being convicted thereof shall be liable to any of the punishments which the court may award, as hereinbefore last mentioned (i. e. transportation for seven years, or imprisonment to hard labour and fine); and in any indictment for

such offence it shall be sufficient to allege the thing stolen to be evidence of the title or of part of the title of the person or of some one of the persons having a present interest, whether legal or equitable, in the real estate to which the same relates, and to mention such real estate, or some part thereof, and it shall not be necessary to allege the thing stolen to be of any value." The provision, applicable, in the case of wills, to parties having made compulsory disclosures, qualifies the liability of offenders also under this section.

Indictment for stealing a Deed evidencing Title.

That A. B. late of, &c. with force and arms, at, &c. unlawfully and fraudulently did steal, take, and carry away a certain written parchment, containing a deed of bargain and sale, between E. J. of the one part, and C. D. of the other part, the property of the said C. D. the said written parchment being then and there evidence of the title of the said C. D. to certain real estate, that is to say, to a certain messuage and lands situate in the parish aforesaid, in which real estate the said C. D. then and there had and still hath a present legal (or "equitable") interest; against the form of the statute, &c. and against the peace, &c.

CHAPTER VII.

OF THE PROCEEDINGS TO JUDGMENT IN THE COURT OF QUARTER SESSIONS UPON INDICTMENTS:-INCLUDING EVIDENCE, AND THE CONDUCT OF THE TRIAL.

SECTIONS.

I.-Of Compromise (or speaking with the Prosecutor) with the Sanction of the

Court.

II.-Of Pleas and Demurrers; and Amendment of Records.

III.-Of Traverses and other Postponement of Trial.

IV.-Of Arraignment, Challenge, and other Preliminaries to Trial.
V. Of the Parts of a Charge which must be supported by Proof.
VI. Of the Degree of Proof required to substantiate a Charge.
VII. Of the Kind of Proof by which a Charge must be supported.
VIII. Of confining the Evidence to a single Transaction.

IX. Of the Necessity of producing the best Evidence.
X.-Of Documentary Evidence.

XI. Of the Competency of Witnesses.

HAVING thus considered the offences usually taken cognizance of at the quarter sessions, and the formal statement of them in correspondent indictments, we are now to take a comprehensive view of the proceedings of these courts, from the finding of the indictment by the grand jury to the judgment passed on offenders. These proceedings are, in ordinary cases of felony, had as soon as convenient after each bill is found, and generally on the same day, taking precedence of bills found for misdemeanours. Cases of misdemeanours traversed from a preceding session, or found at the same session, and not postponed by traverse or otherwise, to the ensuing sessions, in the manner pointed out in s. 3 of this chapter, are next heard in like manner; or, in some instances, while the grand jury is engaged in finding the first bill.