BARRISTER,

How, may obtain preaudience at sessions, 82, 3
What barristers usually practise at sessions, 83

Duty of, in opening case for prosecution, 350

When called upon to elect on which charge he will proceed, 358, 9
Should not question witnesses as to their religious opinions, beyond
their belief in a future state of retribution, 370

When counsel for a prisoner may object that there is no case to go to
the jury, 383

When counsel for a defendant may address the jury, 384

Right of reply, of if evidence be given or opened, 388
Retainer of, cannot be shewn in evidence, 379

BASTARDY,

Original jurisdiction of sessions in case of, 399
Provisions of 18 Eliz. c. 3. respecting, 545

Powers of 18 Eliz. extended to justices in session, 546
Powers of justices extended by 49 Geo. 3. c. 68. ; 546
Recognizance of reputed father, when respited, 547
When discharged, 547

Summary enforcement of order of maintenance, 547

Order in case of married women, on what evidence made, 550
No time limited for making order, 550

Examination of the mother, 551

Not essential to order, 551

No order can be made unless child be born alive, 551

Form of order of filiation and maintenance, 552.

Appeal against order, 549, 553

Given, but not effectually, by 18 Eliz. c. 3; 553
Rests on 45 Geo. 3. c. 68. s. 5.; 553

Time of, 553

Notice of, 553

CALENDAR,

Of prisoners, with crimes and sentences, to be transmitted by gaoler
after each session to secretary of state, 59

Form of oath, 91

CERTIFICATES,

Operation of, on settlement, 533-542; see "SETTLEMENT OF POOR."
CERTIORARI,

Causes for which it may he required, 629

The right of the crown to, 630

Effect of, 630

May be granted to remove proceedings from individual magistrates,

631

How obtained, 633

632

Statutable provisions respecting, in case of indictments, 633

Do not extend to prosecutor, 634

CERTIORARI,—continued.

Statutable provision respecting, in case of convictions, 635
Recognizance on, when necessary, 635

Form of notice of motion for, 636, 7

Form of writ to justices to remove information, depositions, &c. against
a party committed for trial, 637

Form of writ of certiorari to remove indictment, 637

Return to, 638

How enforced, 638

Must be on parchment, 638

By whom made, 639

Practice on, 639

Form of return of record of indictment from a session, 639

Caption of indictment on, 640

Form of return of an order of session affirming a conviction, 640-
Form of return from a single justice, 641

Ulterior proceedings in crown-office on, 641

Costs on, 642

CHAIRMAN OF SESSIONS,

Charge of, to grand jury, 95, and note (a)
Summing up of criminal case by, 388

CHALLENGE (TO BREAK THE PEACE),

Offence of, 182

When criminal information will be granted for, 182
Punishment of, 182

Form of indictment for sending a written challenge, 182

For sending a challenge inclosed in a letter, 182, 3

For sending a written challenge to prosecutor, and posting him on his
declining to fight, 183

Against the bearer of a challenge, 184

For a personal challenge, 184

For writing a letter inciting another to send a challenge, 185

CHALLENGE (TO JURORS)-See "PETTY JURY."

CHARACTER,

Effect of evidence as to, discussed, 386, 7

CHEATS AND FALSE PRETENCES,

1. Cheats indictable at common law, 185-7

What cheats indictable at common law, 185

Form of indictment for selling by false weights and measures, 186
For counterfeiting post-mark on a letter, 186

Punishment of, 187

2. False pretences by statute, 187-194

Provisions of 8 Geo. 4. c. 29. s. 53; 187

What amounts to a false pretence within the statute, 187,8
Points as to indictment for, 188

Forms of indictments :—

For obtaining goods from tradesmen under pretence of being ser-
vant to a customer, and sent by him for them, 189

For falsely pretending a child to be a pauper of a parish, and
obtaining thereby money from overseer, 189

For obtaining goods by giving an order for payment of money,
knowing it to be worthless, 189

For falsely pretending to attesting justice and recruiting serjeant,
that party was not apprentice, and obtaining money as a recruit, 190
Against member of a benefit club for obtaining the money of the
club by false pretences, 191

For obtaining more than the sum due for the carriage of a parcel by
producing a false ticket, 193

For obtaining bills of exchange under pretence of getting them dis-
counted, 193

Trial-offence not merged in larceny, 194

Required to make an annual return of parties tried, to Home Depart-

ment, 53

Bound to deliver to sheriff abstract of fines, &c. 53

Penalty on, for concealing fine, 54

May not act as attorney in the sessions, 54

Fees of, to be ascertained under 57 Geo. 3. c. 91: 54

Table of, how made and confirmed, 54

When exhibited, 54

Extortion by, 54

When he must act without fee, 54

Remedy for fees, 55

CLERKS AND SERVANTS,

Larceny by, at common law, 151

Larceny by, under 7 and 8 Geo. 4. c. 29. s. 46: 152

Form of indictment under this statute, 152

Felonious embezzlement by, 153

COIN,

1. Who within statute, 154

2. How things must be received to be subjects of embezzlement, 154
3. In what act embezzlement consists, 155

Provisions as to indictments for, 155, 6

Form of indictment for, 157

Points on indictment for, 157

Offences relating to, 194-7

Uttering counterfeit money, 194

Prosecution for second offence, 195

Ringing the changes, 195

Guilty knowledge of utterer how shewn, 196

All present and concurring in guilty uttering, indictable, 19

Form of indictment for uttering a counterfeit shilling, 196

For uttering counterfeit shillings twice or more within ten days, 196

For uttering counterfeit half-crown having another in possession, 196
For a second offence after conviction, 197

For procuring counterfeit money with intent to utter it, 197

COMMISSION OF THE PEACE,

Terms of, applicable to sessions, 31, 2

Quorum clause, 32, 3

COMPOUNDING OFFENCES,

Offence of, 198

Form of indictment for compounding a felony, 198

For compounding an offence against a penal statute, 198, 9
For taking money to refrain from laying an information, 200

COMPROMISE,

With sanction of court, in criminal cases, before trial, 328
Question as to propriety of allowing, 329, and n. (a)

CONFESSION, see "EVIDENCE."

CONSPIRACY,

Considerations on the law of, 200, 2

CONSPIRACY,-continued.

Enumeration of cases where it has been holden indictable, 203, 4
Points respecting indictment for, 204, 5

Cognizable by the quarter sessions, 205

General outline of an indictment for conspiracy, 205

Form of indictment at common law for a conspiracy among workmen to
raise their wages and lessen the time of labour, 205, 6

For a conspiracy among workmen to raise wages, prevent others from
working, and break open a prison, 206, 1

Against master shoemakers for conspiring not to employ workmen who
had left their last master without his consent, 207

For conspiring to procure the marriage of paupers, in order to charge
a foreign parish with the maintenance of the woman, 208, 9
Against overseers for conspiring to compel a poor woman in labour to
go into another parish, 210, I

For conspiring to charge a man with receiving stolen goods, and thereby
obtaining money for compounding it, and causing him to expend
money for the entertainment of the conspirators, 211, 2

For conspiring to induce persons to commit a felony that the conspi-
rators might obtain a reward on their conviction, 212, 3

For conspiring to make a riot and demolish premises, 212, 3

For conspiring to charge a person with being the father of a bastard
child in order to extort money, 213, 4

For conspiring to charge a man with an unnatural crime with a view
to extort money, 214, 5

For conspiring to charge a person with an unnatural crime and de-
manding money to settle it, 215, 6

For conspiring to charge a man and his wife with keeping a brothel,
and offering money to a witness to swear falsely in support of the
charge, 216, 7

For conspiring to induce a wife to leave her husband and carry away
his goods, 217,
8

Punishment of conspiracy, 219

Conviction of, does not render a party incompetent to be a witness, 219
CONSTABLES, Chief,

Duties of, at session, 59, 60

How chosen, 60

How sworn, 60, 1

May act by deputy, 62

Will be answerable for deputy, unless he be accepted and sworn, 62
Ought not to be removed but at general or special sessions, 62

Presentments by, discontinued, 62

Form of indictment against, for refusing to take the office after election at
the quarter sessions, 290

Leet, or justices out of session, may remove, 62

Have a right to discharge after year's service, 62

Special, entitled to remuneration, 61

Form of indictment for assaulting, 180

Forms of indictment against, for escape, see "ESCAPE AND RESCUE."
Forms of indictment against, for refusing to take office, and misconduct
in office, see "OFFICE."

Sessions cannot attach for contempt in disobedience of orders, 48

CONVICTION (SUMMARY),

Summary conviction, what, 567

Must be strictly accurate in form, 568
General requisites of, 568

The information, 568

Statement of time, 569

Statement of place, 569

Statement of authority of convicting justice, 570
Statement of charge, 570

Accuracy required as to names, 570, 1

Description of offence, in what terms, 571, 2

Facts to be charged, not inferences, 572, 3

Exemptions and exceptions, when necessary to negative, 573

The summons, 575

The appearance or default, 575, 6

The confession or defence, 576, 7

The evidence in support of the charge, 577

How to be set forth, 579

The judgment, 581

In case of joint offence, 583

Application of penalty, 583

When necessary to be set forth, 584

The costs, 586, 7

Convictions to be returned to sessions, 588
Appeal, when given, 588, 9

Copy of conviction demandable, 589

Acquittal on, cannot be reversed, 589

Justice cannot be compelled to enforce an erroneous conviction, 589

Justice may draw up in form afterwards and return, 590

General form of conviction, given by 3 Geo. 4. c. 23: 590, 1

Rules applicable to particular forms given by statutes, 591-3
When surplusage in, will not vitiate, 593

Judgment on, cannot be good in part, and bad in part, 593
Power of mitigating penalties on, 595, 6

Statement in, of alternative punishments, 596

Appeal against conviction, 596

Notice of, 597

When recognizance supersedes notice, 597

Course of proceeding on, 598

Reference to ascertain facts, 600

Reference of amount of costs, 600

Reference by consent, 600

Costs allowed or refused, when, 600

Consequence of dismissal of appeal for informality, 601
Adjournment of appeal, 601

Precedents of convictions, 602-624

In case of assault, 602, see "ASSAULT."

In cases of alehouses, 602-5, see "ALEHOUSES.”

In case of auctions, 605, 6, see " AUCTIONS."

For offences relating to deer, 606-9, see “DEER."

For offences relating to fish, 609, 10, see "FISH."

For offences relating to fruit, &c. 610-12, see "FRUIT."

For offences against game laws, 612-21,

see "GAME."

For offences relating to trees, 622-4, see "TREES."

For vagrancy, 624, see "VAGRANTS."

Exceptions, 55

No coroner entitled to fees by order of sessions in jurisdictions not

contributing to county rates, 56