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JUDGMENT OF QUARTER SESSIONS-continued.

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

Debt will not lie on, 441

IN APPEALS; see APPEAL, ORDER OF JUSTICES, ORDER OF SESSIONS
When need not be made up formally, 520

Parol evidence may be given to explain the grounds of, 854

Altering during session; see GENERAL QUARTER SESSIONS

In appeals against orders of removal, how far conclusive, 852, et seq.

In bastardy appeals, 1029

In poor law appeals; see ESTOppel

Special entry of judgment in appeals where decision turns not on merits, but
on form, 646, 859

JURISDICTION,

Of justice should appear on warrant, &c. 94; see CONVICTION

Must appear on face of justices' order, or will not be inferred in support of it,
440; see Reg. v. Read, 9 Ad. & E. 619, Reg. v. Hants (Justices), 9 D. P.
C. 177

OF SESSIONS,

In general, how created, 1

When exclusive, 3, 55

In cities and towns corporate, 3-8

Of county quarter sessions and justices in boroughs, 3—6, 8

OF THE QUARTER SESSIONS OVER OFFENCES,

Generally by their commission over felonies and indictable offences, except
treason, perjury, indicted at common law, or forgery, 150, 156

How limited by late statute, 157

Over offences newly created misdemeanour by statute, 159, 344

Actual exercise of jurisdiction by, before June, 1842, 160

When sessions may send bills found before them to assizes for trial, with
or without certiorari, 160, 162

Exceeding, in award of sentence, 577

Of county sessions within boroughs, 165

Extent of jurisdiction in point of locality, id.

ORIGINAL JURISDICTION OF THE SESSIONS IN CIVIL AND PENAL MAT-
TERS, 592

In case of apprentices, articles of the peace, bastardy, &c., incorrigible
rogues, appeals; see APPRENTICES, ARTICLES OF THE PEACE, VA-
GRANTS, APPEAL

JURORS IN GENERAL; see GRAND JURY, PETTY JURY

Form of returning panel of, by sheriff, 70

Revision of the law respecting, by 6 G. IV. c. 50, 126

Parties liable to serve as grand and petty jurors at sessions, id.

Parties exempted from serving as, 128

Chartered immunity from serving as, abolished in boroughs, id.
Persons so exempted may serve, if returned on the panel, 129

Liability to serve as, on coroner's inquest, 431

Persons disqualified from serving as, 129

Return of jurors to sessions-warrant by clerk of peace to high constables to
issue precepts to petty constables to return list of jurors liable to serve on
juries, 129

Forms of precepts, returns, and warrants, 130, et seq.

Lists to be prepared by parish officers, and affixed on doors of places of wor-
ship, to remain during three first Sundays of September, 132

Form of list, id.

Special sessions for correcting lists, by striking out names of persons exempted
or disqualified, 132, 133

Corrected lists as allowed by special sessions, are to be delivered by them to
high constable, and by him to next quarter sessions, 133

Lists to be kept by clerk of the peace and copied into "Jurors' book," to be

JURORS IN GENERAL-continued.

delivered each year to the sheriff for use for one year, beginning 1st January
after delivery, 133

Names of petty jurors to be taken from this "Jurors' book" only, 134

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

Grand, how summoned; see GRAND JURY

Petty, how summoned; see PETTY JURY

At sessions qualification and disabilities of grand and petty jurymen are similar,
and their names taken from same returns, 134

Secus at assizes, id.

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, 135
Certificates from clerk of peace of having served as juror, id.

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

Time and mode of summoning, 136

Fining jurors for not attending, id.

Contempt by, in not attending, refusing to be sworn, (subject to exceptions
introduced by statute,) or to give verdict, &c. 101, 99, 100

Persons exempted from serving, but summoned, must attend, and claim their
privilege at sessions, if their names remain on jurors' list, 136, 137
Penalty on officers for neglect of duty in summoning and returning, 137
Qualification of jurors in liberties, boroughs, &c. having separate jurisdiction,

138

Qualification of jurors at the London sessions, id.

From what place petty jurors might come at common law, 210

Impanelling at quarter sessions for other than criminal trials, 73; see LOCAL
Аста

Returning sufficient number of, to provide for challenges, 70

Exhausting jury panel by death, challenges, &c. 490, 491

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.

Son of, serving as juror, though not summoned, a mistrial, 492

Discharging juror on illness, withdrawing juror, 568, 569

Verdict, protection, &c.; see PETTY JURY, TRIAL

Serving as, on affirmation how pleaded, 200, 533

JURY PROCESS,

Error in, 197

JUSTICES OF PEACE,

Original institution was of keepers of the peace, 2

In, of, or for a county, 875; see Addendum to 727

Their commission set forth, 79; see 90

In general can only act in their own county, 79; see 82, 209

Must reside in the county for which they act, 82

Resident in a place not a county of itself, but having exclusive jurisdiction,

may act within such place for adjoining county, id.

May act in one county for detached parts of another, when, id. 209

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

When expedient that more than one should act, 11

Who disqualified from acting in alehouse licensing; see ALEHOUSE
Two at least necessary to compose a quarter session, 62, 74, 81

Meaning of the phrase "of the quorum," 81

QUALIFICATION OF, IN COUNTIES,

Annual amount of property they must possess as long as they act, or liable
to penalty, 82, 84

Acting as, after assigning property are not entitled to notice of action, 83

JUSTICES OF PEACE-continued.

What justices in boroughs, &c. need not be thus qualified, 85
Oath of qualification of county justices; and form, 83, 84

To be subscribed and kept in record of session, evidence, id.
Proof of qualification lies on justice, if sued for acting without qualification,
84

Justice must give notice to informer of lands not specified in oath, id.
Lands only available for value beyond incumbrances, id.
Action for penalty incurred in acting without qualification, id.
Dedimus potestatem to take oath of office, requisite before acting, 85
Oaths of, to take allegiance, supremacy, and abjuration, once in a reign, 86
Taking oaths at sessions, 169

Declaration by, in lieu of sacramental test, 88

Roman Catholic magistrates' oaths and declaration as to Protestant church, 87
Acts of justices valid, though liable to penalties for not taking oaths, 84, 89
Persons disqualified from acting as, sheriff, coroner, practising attorney, &c. or
proctor, 89

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

When and how discharged from their office, id.

Not amerced for non-attendance on sessions; exception, 90

Wages for attendance at sessions, id.

Fees of clerks of, 91

How should dispose of penalties received by them out of session, 91, 109
Acting in session are not suable for judicial act, 101

May commit for contempt of them in execution of office when in session, id.
Or indict; form of indictment, 92, 99, 392

Cannot grant an attachment for contempt, 101; see ATTACHMENT

Power of justice out of sessions to summon witnesses; see WITNESS

Acting out of sessions never liable criminally for mere error in judgment, short
of corruption, 93, 103

Information against, must be moved for within two terms after offence, and
not late in second term, 93

In second term, id.

Notice to, of motion for information, 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, if sued and indicted for same cause, id.

Costs of information against, 93, 98

When liable in trespass, and when in case, 94, 95

When a conviction protects a magistrate, and when not, 94

Limitation of action against, 95

Notice of action against a magistrate, and its requisites, 96, 97

Justice is entitled to notice, if acting on bona fide belief he did his duty, id.

Tender of amends by a magistrate before action brought, 98

Payment of money into court by, after action, id.

Venue in action against local, id.

Need not plead specially, id.

Words "any two justices," exclude quarter sessions, 711

Costs of unsuccessful applications to Q. B. against, 98

Power of justices in session to commit, &c. for contempt, &c. 99, 101

Cannot be fined for act done in session, 101

Whether criminal proceedings will lie for acts done in, 101, 102

Judicial power of justices in session; see DELEGATING POWER
Insulting a justice; see INDECENCIES

Orders of; see ORDERS OF JUSTICES, &c.

KING'S EVIDENCE, 155, 156, 175

KNIGHT, 204, 214

KNOWLEDGE; see GUILTY Knowledge

LABOUR; see HARD LABOUR

A landlord's tax, 682

A parochial tax, 825

LANDLORD'S TAXES,

Viz. ultimately payable by landlord, as land tax, sewer rate, &c., 685
LAND TAX,

Called a landlord's tax, being paid by tenant who deducts it from rent, 685, 10
B. & C. 649

A parochial tax, 825

LARCENY AT COMMON LAW,

Distinction between grand and petty, abolished, 235

Definition of, id.

What amounts to a criminal taking, 236

Wholly depriving owner of chattel without benefit to felon, instances, 236, 247
What amounts to a criminal carrying away, 237, 238

Petty thefts, 253

Of notes, bills, orders, deeds, or animals, 238, 258; see Addenda as to dogs
What description of goods the subject of, 238

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 land or buildings, 239

What possession is necessary to make a taking from it larcenous, 239

Distinction between larceny and swindling or breach of trust, in cases of sale,
hiring, loan, bailment on trial, deposit, 240, 241

Finding goods, when larceny, 239

Owner parting with property or merely with physical possession, e. g. where
servants, drovers, &c. are trusted with property, 243

Possession of plate, sheets, &c. by guest at inn, 244

Taking lucri causâ, 247

Whether bailment determined before felonious taking, as in cases of carriers,
tailors, watchmakers, 244, 245

Borrowing goods, 245

How far things taken must be another's, 246

How a man may be guilty of larceny of his own goods, 246, 255

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

Breaking bulk, 245

Every larceny is now subject to same incidents as grand larceny, 254

In a dwelling-house, 262, 267

Intent to steal essential to larceny, 247, et seq.

Claim of right, 248

In one county or part of united kingdom, and carrying into another, 178; see
VENUE

In Scotland, Ireland, Man, Guernsey, Jersey, France, &c. and having possession
of the stolen goods in England, 180

On borders of counties, 181

On journeys or inland voyages, 182

Form of indictment for larceny, 249

Form of indictment for subsequent felony after previous conviction, id.

Points relating to indictment for larceny, 251, et seq.

Description of the things stolen, as to number, quantity, species, entire or

mixed, value, annexed to freehold, &c. 251

Statement of ownership of goods stolen, 254

If owner or principal felon is unknown, 255

When goods stolen by A. are stolen from him by B., 216, 257

Allegation of offence, 257

Of shroud or coffin, 256

Form of indictment for stealing milk from a cow, 257

For stealing goods of party unknown, id.

Punishment of simple larceny, by transportation, whipping, imprisonment

with hard labour or solitary confinement, id.

LARCENY, AGGRAVATED, rarely prosecuted at sessions, 304

LARCENY BY CLERKS AND SERVANTS, 282; see EMBEZZLEMENT,
(FELONIOUS)

LARCENY OF DEER, VENISON, &c.; see DEER

LARCENY IN A DWELLING-HOUSE, some person therein being put in
fear, 267, 261

Form of indictment for that offence, 267

LARCENY IN A DWELLING-HOUSE to 51. value or more

Form of indictment, 267

Proofs requisite to establish this offence, id.

LARCENY OF MINERALS, &c.; see MINERALS, LEAD

LARCENY OF SECURITIES, 258; see SECURITIES-STEALING

LARCENY OF TREES; see TREES

LARCENY BY TENANTS AND LODGERS, 282

LATE KING, 207, 225

LEAD, RIPPING AND STEALING,

Form of indictment for stealing lead, &c. fixed to building, 271
For ripping with intent to steal, 272

LEET; see CONSTABLE, CONTEMPT

LEGAL MEMORY, 399

LEGAL PROCEEDINGS,
Setting out, 200, 533

LETTER,

Stealing, 530, 304

From prisoner, using against him as a confession, 510, 511
Opening and reading is a trespass only, Reg. v. Godfrey, 8 C. & P. 563

LIBEL,

Arresting libeller before indictment found on ground of tendency to provoke
parties to breach of the peace, 142

Jurisdiction of sessions over, taken away, 158

LIBERTIES of borough, 165

LICENSE; see CONSENT

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Acceptation of word differing from its ordinary meaning, 937

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