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PETTY SESSION-continued.

Advocates at, 13

Preliminary inquiry at, may be private; but not if justices sit to adjudicate, 12

Appointing overseers of poor at, 13

Must hear a case through, 14

Often confounded with special session, 15, 16, 132

Special petty session for correcting jury lists, 132; see JURORS

Clerk to, 14

Appeal from, 23

Meaning of "petty sessions division" in boroughs, 1003

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PILLORY,

Abolished, 79

PIPE, 272

PLACE; see VENUE

Alleging in indictment, 249, 209

Proving, if essence of offence, 501

PLANTS; see VEGETABLE

PLAYERS; see THEATRES

PLEADERS, 151; see BARRISTER

PLEAS TO INDICTMENTS,

General nature of, and distinction from demurrers, 457

In abatement,

Now rendered useless by power of court to amend, 459, 206

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PLURAL,

Charges in, in indictment, are borne out by proof in singular, 500
POISONED FOOD, 307

POLICE MAGISTRATE,

Made equal to two other justices, 614; Addendum to p. 692

POLLING PLACES,

At county elections fixed by quarter sessions, 1045

POOR-LAW,

Commissioners; see INDICTMENT

Indictment against auditor of poor-law union for not accounting, 1 P. & D. 319
Poor-house; see WORKHOUSE

POOR'S-RATE,

No certiorari lies to remove, 954

Manner in which rates must be made, 691, 692

Allowance of rates by justices, 692

Publication of rates, id.

No form of notice of allowance of rate, 693

Appeal against, to quarter sessions,

Given by 43 El. c. 2, s. 6, 660

POOR'S-RATE-continued.

Extended by 17 G. II. c. 38, s. 4, 660

To what quarter sessions in respect of place and time, 661

Lodging it at adjourned general sessions, id.

Publication, 662

When adjourned for want of reasonable notice, 663

Notice of, requisite, before hearing, though not before entering the appeal,
663, 664

Requisites of notice, and of grounds of appeal, 664

Form of such notice of appeal, 665

Several parties grieved may join in notice, 664

Time of giving notice, id.

How notice served and waiver of it, id.

Grounds of appeal against poor-rate, 667

To special sessions by 6 & 7 W. IV. c. 96; not ousting appeal to quarter
sessions, 50

Test of law on subject is 43 El. c. 2, s. 1, 667

Rates in parishes, containing boroughs corporate not co-extensive with the
parishes, 668

Persons by whom rate may be made, 668, 669

Purposes for which it may be made, and may and may not be applied, 669,

704

Void, if made by other than overseers, 669

Rate can only be made in terms for relief of the poor, id.

How collected, pending appeal against it, 670, 671

Prospective rate good, 671

Bad, if for reimbursing overseer's expenditure of former year, id. 692

Or if made as a standing rate, i. e. for more than six months, or concurrently
with another subsisting rate, 692

Division of subject in text :-

Subjects in respect of which assessment to poor's rate may be made, 671
"Inhabitant," in st. 43 El. c. 2, means "resident," and may be rated, id.
Lands and houses:-

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What is rateable as "land," 672

All buildings rateable, id.

But easements and profits à prendre as right of common or way, tolls, and
casual profits, as profits of manor, rights of taking stone from quarry, &c.,
are not, 672

Rents not rateable, and why, id.

Portions of ore raised from mine, when rateable, id.

Canals, how rateable, in respect of their tolls, 673, 680, 681, 683

Improved river navigations, how far rateable, 673

Dam, lock or sluice, id.

Fisheries, when rateable, 674

Palaces, royal parks, barracks, meeting-houses, pews, cemeteries, &c., id.
Gas pipes and works, railways, waterworks, &c., 680–684, 691

How lands and houses must be occupied to render them rateable,

House wholly unoccupied not rateable, 674

Nor buildings devoted to public purposes, as palaces, churches, barracks,
chapels, gaols, exhibitions of art, vestry rooms, Sunday or infant schools,
&c. &c., 674, 675

Principle of exemption from rate, 677~

Lunatic asylum, 678

Rateability always attaches on benefical occupation, 675

Who rateable, where the property is public, but a profit is produced to the
occupier, 679

Fact of occupation is for sessions to decide, id.

Corporate property, rating, 676

On what principle and in what manner lands and houses are to be rated in
respect of the adjuncts or circumstances which increase their value to
their possessor, 679

POOR'S RATE-continned.

Mineral spring, 679, 680

Basin inclosing spring of New River, 679

Weighing machine, billiard-table, canteen in barracks, personal chattels, or
engine demised with house at entire rent, 680

Gas or water works, pipes, railways, &c., 680–684

Rate should be assessed on what sum, 681

Not on their profits or gross amount of receipts, minus expenses, but on net
annual value to let, communibus annis, 683, 684.

Actual rent paid, a criterion, 684

Survey and new valuation of parish under parochial assessment act, 6 & 7 W.
IV. c. 96, 684-686

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Other subject matters of rating for which parties liable by 43 El. c. 3, to be

rated as inhabitants,"

Stock in trade, farming stock, and other personalty, 690

In what place property, real or personal, is to be rated, id.

Stratum of coal worked, or bridge being in two parishes, id.
Drains, gas and water work pipes, canals, &c. 691

Lighthouse, id.

Ships at port of registry, id.

Manner in which rates must be made, allowed and published, 691-693

Sessions to decide whether landlord or tenant was intended to be rated, 937
Trial of appeal against poor's rate,

At special sessions, 50

At quarter sessions, 51

Several rates may be included in one appeal, 694

Proving service of notice of appeal is condition precedent to hearing, id.
Which party begins, id.

Putting rate in evidence, 695

Notice to parish officers to produce it, 696

Right of parishioner to have copies of, id.

Parishioners are competent witnesses, id.

Amending by altering rates of third persons, 697

Decision of sessions for amending or quashing rate, id.

Costs of appeal against, 698; and see COSTS

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Regaining possession of land or goods, to which party is lawfully entitled, 378
Inferring original title to land from long, 830

POST OFFICE,

Order or mark; see EVIDENCE, Letter

Uttering or counterfeiting it; see FALSE PRETENCES

Instances of permitting notices to be sent by, 17, 19, 735

POSTPONEMENT OF TRIAL,

By traverse; see TRAVERSE

By power of the court, suo motu, 472

Court may postpone the preferring a bill, 467

By special application of prosecutor or accused, on grounds enumerated, 468,
469

POSTPONEMENT OF TRIAL-continued.

Commonly granted for absence of material witness, 468, 640, 151
Affidavit and proceeding to move for, 469

Notice of moving for, 468

Where some defendants do not traverse, 472; see TRAVERSE
Where only a single defendant who does not traverse, 467

Costs of the day when granted after; see COSTS

In criminal cases, id.

In cases of appeal; see APPEAL IN GENERAL, COSTS, REMOVAL
Form of,

Affidavit of defendant and his attorney to support, 470

Affidavit of medical attendant of illness, 472

Notice of application, id.

POUND-BREACH; see ESCAPE AND RESCUE

Indictable at common law, 367

Forms of indictment for, 372
PRACTICE OF SESSIONS,

Is recognized by court above, 656

But will not bind a party to give notice of appeal, if not required by law, 630,
657

As to "reasonable time" by, for giving notice of appeal, 630

When will be controlled by queen's bench, 656-658

Probable test of its validity, 658

Time prescribed by statute for giving notice of appeal cannot be infringed by,
657

Rule of, if requiring a particular notice of trying a respited appeal, will (with
few exceptions) prevail, 635-637

Time for entering appeal at sessions, is fixed by, 638

As to beginning by either side when upheld, 643; see 694

As to prefacing evidence by an address, or reserving it till after evidence given,
651

If it allows time enough to enter and try appeal against order of removal at

the next sessions, it may be tried at those sessions, 740

As to filing original order of removal discussed, 848

Changes in, discouraged, 656

PRECEPT,

For summoning special sessions, 16

General sessions, 62

General quarter sessions, 63

PREFERRED, 407

PRESCRIPTION,

May be proved by vivá voce evidence, 399

PRESENCE AT CRIME, 189; see PRINCIPAL

PRESENTMENT,

By grand jury, form, 232

By justice of the peace, of road or bridge out of repair, abolished, id.
By constables, now discontinued, except in Middlesex, 125, 233, 389
PRESUMPTIO; see OMNIA

PRETENCES; see CHEAT, WITCHCRAFT

PREVIOUS CONVICTION FOR FELONY; CONVICTION (Previous)
For stealing trees, and in uttering false coin; see TREES, COIN

PRINCIPAL,

In first and second degree, 292, 293, 296

Punishing principal in second degree, 298

In second degree, is being present aiding and abetting, 292; see 297
Principals in second degree, how indicted, 293; see ACCESSORIES

PRINTED FORM,

Filling up, 631

PRISON,

What, 364

Breaking, id.

Rules for governing prisons laid before sessions; see CLERK OF PEACE,
GAOLS

PRISONER,

His right to copy or sight of depositions; see DEPOSITIONS

Discharging, on bill thrown out, 596, 185
Passing to his parish on discharge, 590
With certificate to receive alms, 607
Loitering, is rogue and vagabond, 609

No fees due from, on discharge, 590

Returning him at trial money taken from him, 474

Old county allowances to prisoners in King's Bench and Marshalsea, 1032
Harshness of common law to, 1030

PROBABLE CONSEQUENCE OF ACT, 424

PROCEDENDO; see CERTIORARI
PROHIBITION; see INDICTMENT

Penalty implies a prohibition, 311
PROMISSORY NOTE; see SECURITIES

PROOF,

Parts of charge which require, 500

Of minor charge, or one of several intents, or of one of several larcenies, laid
in the indictment, id.; see EVIDENCE

PROPERTY,

In things embezzled, how laid in indictment; see Embezzlement (FeLONIOUS)
In fixtures stolen, 270

PROSECUTION,

Commencement of, 382

Taking up, by fresh prosecutor, after discontinued by first, 423, 425

This term in a statute includes appeals, R. v. Surrey (Jus.), 5 Ad. & E. 701, n.
but "prosecution laid” means criminal proceeding only, 4 Q. B. 419, Raw-
lins v. Jenkins

Calling every witness of the subject matter of, 514

PROSECUTOR,

Who, 935

By what mode he must proceed at sessions, 139

Any person may become, id. 187

Death of, does not abate proceedings, 139

How bound by recognizance to prosecute and give evidence, id.; see RECOG-

NIZANCE

His attendance to do so, 174

Not entitled to address the jury in support of his prosecution, 151, 152

How called on his recognizances to prosecute and give evidence, 173

Ascertaining who he is, 971

Entitled to certiorari, notwithstanding act taking it away, at least in penal
matter, 949, 950

Costs to, if party grieved where indictment removed by certiorari, 970, 971;
see COSTS

Electing on which charge to proceed; see ELECTION

PUBLIC,

More than parochial, 402

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