to highways, 364. general issue, or special plea, when necessary, 366. special plea by parish, when necessary, 367. pleadings-special plea, &c., 404. for disobedience to orders of magistrates, 413. for escapes suffered by officers, 422. for prison-breaking, 430. for a rescue, 434. for aiding attempts to escape, 440. for returning from transportation, 451. for gaming, 457. for usury, 461. for illegal brokerage, 462. sum laid not material, ib. for destroying game in the night, 473. 479, 480, 481. for murder, 549, et seq. description of party killed, 555. manner and means, 557, et seq. averment of malice aforethought, 563. for manslaughter, 654. for destroying infants in the womb, 673. for rape, 686. for carnal knowledge of children, 694. 697. for sodomy, 699. for forcible abduction of females, 709. for wounding with intent to murder, &c., 746. for an assault, 759. for striking in courts of justice, 762. for assault with intent to rob, 767. for burglary, 825, et seq. INFANT, offence begun in one county and completed in another, 549. 827. INFANT-continued. age of consent to marriage, 6. distinction of ages in the civil law, 3, n. (o). not excused from the commission of a crime by the coercion of a parent, 18. neglect of, who indictable for, 46. endeavouring to induce to grant annuities, 461.—See tit. USURY. murder by rape of, 505. not punishable as rioters, if under the age of discretion, 272. common law offence, ib. 1 Vict. c. 85, administering poison, &c., with intent to cause mis- construction of statutes, 672, 673. indictment on, 673. woman concealing the birth of, 571, et seq. unlawful carnal knowledge of female children, 693. a child under ten years old, ib. a child above ten and under twelve, ib. what shall be proof of carnal knowledge, 682. postponement of trial where child not capable, 695. child stealing, 718. INFECTION, INN, nature of the offence, 168. statutes on the subject repealed, ib. still punishable at common law, 168, 169. enhancing the price of hops, 170. indictment and punishment, 173. disorderly, a nuisance and indictable, 322. setting up new inns, ib. innkeepers refusing to receive travellers, ib. INSANE PERSONS.-See tit. CAPABILITY, LUNATICS. INTENTION, to commit a felony or misdemeanor, 46, et seq.-See tit. MISDEMEANOR. but an act done, and a criminal intention joined thereto, are sufficient, 48. intent to break houses, 49. tampering with, bribing, or attempting to bribe, 47. 154. JUSTICE OF THE PEACE, acting as, not being qualified, not indictable, 51. refusing to grant ale licenses, 136. justices at petty sessions may fine constables, &c., for neglect of duty, 140. orders of, disobedience to, 412. power to disperse unlawful assemblies, 274, 275. 285, 286, note (I). K. KIDNAPPING, carrying away or secreting any person, 716. forcible abduction of persons, sending them into other countries, ib. 9 Geo. 4, c. 31, s. 30,-717. punishment of master, &c. forcing his seaman on shore, or refusing mode of trial, &c. ib. 5 & 6 Wm. 4, c. 19, forcing on shore or leaving behind any of the crew, ib. his money, what is, 54. See tit. COIN. disobedience to his commands to return or to stay at home, or assist at his his enemies, adhering to, when piracy, 98. petition to, not libellous, 223, 224. libels against, 220. 234. L. LEWDNESS, open lewdness and indecent exposure, indictable, 326. LIBEL, actions and indictments for, co-extensive, 222. what publications in general are libellous, 220. criminal intention, 260. blaspheming God, or the Christian religion, 220. 230, 231, 232. LIBEL-continued. 1 Ed. 6, c. 1 (the Lord's Supper,) 230. 3 Jac. 1, c. 21, (Holy Trinity,) ib. 9 & 10 Wm. 3, ib. to reproach the Christian religion is to speak in subversion of Christian religion part of the law, ib. the dread of future punishments one of the principal sanctions the court will not meddle with differences of opinion on con- rational and dispassionate discussions allowable, 232, 233. publications against morality, 220. 233. obscene pictures, plays, signs, &c., 233. against the constitution and law, 220. 233. against the revolution, 234. against the King, 220. 234. statutes, 234. instance of a publication not libellous, 234, 235. that he is deranged, 235. against the two houses of parliament, 220. 236. breach of privilege, 236. against the government, 220. 236, 237, 238. animadversions, &c., on public measures, how far cases on this subject, 236, 237, 238. against the magistrates, and the administration of justice, 220. 238. statutes of Scan. Mag., 238. cases on this subject, 238, 239. of words spoken of or to inferior magistrates, 239. publications tending to cause animosities from foreign states, 220. 246. libels on individuals, 220. 240, et seq. definition of, 220. meaning of the word, and its origin, ib. n. (h). cases as to what amount to, and what do not, 240, 241. informations for, cases when granted, ib. general imputations on a body of men, 222. 242. libel on several punishable at the complaint of one, 222. slanderous words, 220. 240. distinction between written and spoken slander, 240, 241. exceptions to general rules, 243. petitions to the king, 223. petitions to parliament, and other legal or authorized proceed- speeches of members of parliament, 225. 227, 228. *proceedings in parliament, 227, 228. 3 & 4 Vict. c. 9-228. publication of papers printed by order of parliament, 229. LIBEL-continued. proceedings against publishers of such papers, how to be stayed, 229. the statute is imperative upon the courts to stay proceedings, ib. the whole case must be published, 226. not merely the conclusion drawn from it, ib. ex parte proceedings before a magistrate, ib. on a place of public entertainment, ib. confidential communications, 243, 244. communications made bonâ fide, or with a view of investigating or made in the proper course of a proceeding, 244, 245. where the occasion rebuts the primâ facie inference of malice, of the mode of expression, 221. name of the person libelled in blanks, ib. indictment, 247. what it must state, 247, 248. innuendo, ib. if the libel be in a foreign language, it must be set forth in evidence for the crown, 247, et seq. of the making and publication, 248, 249. 257. acknowledgment of defendant, 250. procuring another to publish, ib. publications by booksellers and proprietors of newspapers, 6 & 7 Wm. 4, c. 76, as to newspapers, 251, et seq. construction, 257. how far the paper must correspond with the affidavit, 257. new statute differs from the former in this respect, 254. 257. the libel must be proved to have been published in the county how so proved, 258, 259. if the libel be in a foreign language, the translation in the in- depositions before magistrates, evidence, ib. gazettes, proclamations, and preambles of statutes, ib. criminal intention of defendant, 260, 261. when to be presumed, 261. proved by showing subsequent publications, 261, n. (9). evidence for defendant, 262. instances of inadmissible defences, 262, 263. he cannot justify that the contents are true, 222. 262. trial, 263. nor that it was copied from some other work, 223. defendant cannot have counsel to examine witnesses, and ad- |