Dissenting chapel, not within the provisions of 7 & 8 G. 4, c. 29, against breaking and entering a chapel and stealing therefrom, 304.
Dock, stealing from, punishment, 332; indictment, 333; evidence, 334-See "Larceny."
Dogs, stealing, punishment, 368, (7 & 8 G. 4, c. 29 ;) con- viction, 369; conviction for a subsequent offence, 370; persons found in possession of stolen dogs or their skins, knowing them to be stolen, punishment, 370; conviction, 370; conviction for a subsequent offence, 371.
Dredging-See "Oysters." Drivers-See" Stage-Coach." Dwelling-house-See "Burglary"-
Dying declarations, in what cases evidence, 295.
Election: Where goods stolen at different times are included
in the same indictment, the prosecutor will be put to his election as to which he will prosecute for, 282,
Embezzlement: Clerks and servants receiving any money &c. on their master's account, and embezzling it, pu- nishment, 409, (7 & 8 G. 4, c. 29, s. 47;) indict. ment, 410; venue, 411; in what cases the indict- ment may include several offences, 409; how the property shall be stated, 412, 418; evidence, 413- See "Agent"-"Factor."
Embezzling the king's stores, punishment, 97, 99. (4 G. 4, c. 53.)
Embracery, punishment, 184.
Escape of persons ordered for transportation, aiding, punish- ment, 153; indictment, 156; evidence, 157.
Estate Stealing writings which are evidence of title to real estate, 347, (7 & 8 G. 4, c. 29 ;) indictment, 348; evidence, 348, 349.
Examinations before justices &c.: Before any person charged with felony shall be bailed or committed, the justices shall take down in writing the examinations &c., and bind witnesses to appear at the trial, 190, (7 G. 4, c. 64;) form of the depositions of witnesses, and the examination of the prisoner, 191; examinations to be delivered to the court, 191; commissioners for trying offences committed at sea, or justices, may take exa- minations touching such offences, and commit the offenders, 186, 187, (7 G. 4, c. 38;) examination of
prisoner not to be upon oath, 196; but the exami- nation of a witness upon oath may be read in evidence against him, 196, 197; upon charges of misdemea- nor justices shall take the examination of the per- son charged, and the information on oath of the wit- nesses, 197, and may bind parties by recognizance to prosecute, 197; upon inquisitions for murder or man- slaughter, coroner to bind over witnesses by recogni- zance, 198; these provisions of 7 G. 4, c. 64, extend to all justices and coroners, 199.
Factors: Factors pledging the goods of their principal en- trusted to them for sale, or any documents relating to such goods, punishment, 424, (7 & 8 G. 4, c. 29, s. 51;) indictment, 426; evidence, 426; not to ex- tend to cases where the pledge does not exceed the amount of the lien, 424; no factor to be prosecuted who may have disclosed his offence by reason of any compulsory process, 425.
False pretences, obtaining money &c. by, punishment, 427, (7 & 8 G. 4, c. 29;) indictment, 428; evidence, 428; no acquittal on the ground that the case proved amounts to larceny, 427; distinction between this offence and larceny, 271 &c.
Felo de se, to be privately buried in the parish churchyard at night, 96, (4 G. 4, c. 52 ;) rites of christian burial not to be performed; former laws and usages not otherwise altered, 97.
Felony What felonies only shall be capital, 261, (7 & 8 G. 4, c. 28;) felonies not capital, punishable either under the acts creating them, (if any,) or if not, then by transportation or imprisonment &c. and hard labour, 262.
Fence: Stealing live or dead fences, posts, pales or rails, stiles or gates, punishment, 390; conviction, 391; cutting, breaking, or throwing them down, with in- tent to steal them, punishment, 390; conviction, 392; conviction for a second offence, 392; suspected per- sons in possession of any tree, fence, gate, &c., and not satisfactorily accounting for it, punishment, 393; conviction, 394.
Fences of land where deer are kept, destroying, 360, 362— See "Deer."
Fish: Taking or destroying fish in any water situate in land belonging to a dwelling-house, punishment, 373, (7
& 8 G. 4, c. 29, s. 33;) indictment, 375; evidence, 375; taking or destroying them in a private fishery or elsewhere, punishment, 373; conviction, 376; the like, by angling in water near a dwelling-house, pu- nishment, 374; conviction, 377; the like, by angling elsewhere, punishment, 374; conviction, 377-See Oysters."
Fishery, right of--See "Fish."
Fixtures: Stealing glass, wood-work, lead, iron, brass, cop- per, or other metal, or any utensil or fixture fixed in a building, punishment, 402, (7 & 8 G. 4, c. 29, s. 44;) indictment, 403; evidence, 403; ripping, cutting, or breaking them with intent to steal them, 402; indictment, 403; evidence, 404; stealing &c. metal fixed for a fence to a dwelling-house &c., pu- nishment, 402; indictment, 404, 405; evidence, 405; stealing &c. metal fixed in a square, street, &c., punishment, 402; indictment, 405; evidence, 405.
Forgery of quarantine certificates, 185, (6 G. 4, c. 78;) punishment, 185, n.
Fortune-telling, punishment, 122, 123-See "Vagrant." Fruit, stealing, 395-398-See "Plants."
Gaming in the street, punishment, 122, 123-See "Vagrant."
Garden-See "Plants."
Gate-See "Fence."
Gelding-See "Cattle."
Glass, stealing, 402.-See " Fixtures."
Greenhouse-See "Plants."
Greenwich pensioner.-See "Personating."
Hard labour, in what cases of misdemeonor offenders may be sentenced to, 87, 88, (3 G. 4, c. 114;) how far this statute repealed, 89 n. For all offences within
7 & 8 G. 4, c. 29, the court may award hard labour or solitary confinement, 286.
Hares, killing or taking them in a warren in the night-time, punishment, 365, (7 & 8 G. 4, c. 29;) indictment, 366; evidence, 366. The like in the day-time, pu- nishment, 365; conviction, 367. Setting or using any snare or engine for taking them, punishment, 365; conviction, 368.
Highways, materials for repairing them, may be described in indictments as the property of the surveyors, 208,
Highway robbery-See "Robbery.”
Horse-See "Cattle."
Horse-stealing, 349-See "Cattle." Hothouse-See" Plants."
House-See" Burglary." Breaking and entering a house and stealing therein, punishment, 320, (7 & 8 G. 4, c. 29 ;) indictment, 321; evidence, 321, 322. Steal- ing in a house, some person therein being put in fear, punishment, 320; indictment, 323; evidence, 323. Stealing £5 in a dwelling-house, punishment, 320; indictment, $24; evidence, 324 326. Breaking and entering a building within the same curtilage as the house, but not privileged as part thereof, and stealing therein, punishment, 326; indictment, 326; evidence, 327.
Housebreaking-See "House."
Housebreaking, implements for, having, punishment, 122, 123-See "Vagrant."
Idle and disorderly persons-See "Vagrant." Imparlance, none, in B. R. in prosecutions for misdemea- nors, 7.
Incorrigible rogue-See " Vagrant."
Indecent exposure of the person, punishment, 122, 123. Indecent prints, &c., exposing to view, punishment, 122, 123.
Indictment, in what cases a copy to be given to the party, 11. No longer necessary to state in them the parish in which the offence was committed; stating the county sufficient, unless in matter of local descrip- tion, 181 n. In indictments for offences committed on the property of partners, joint tenants, and tenants in common, the property may be laid in any one partner by name, and others, (7 G. 4, c. 64,) 206, 283, 284. Property belonging to counties &c. may be laid in the inhabitants of such county &c., 207, 284. Property ordered for the use of the poor of parishes, &c. may be laid in the overseers, 207, 284. Materials, &c. for repairing highways may be laid to be the property of the surveyors of the highway, 208, 284. Property of turnpike trustees may be laid in the trustees, 208, 284, 285. In indictments for of-
fences committed on sewers, the property may be laid in the commissioners, 209, 285. Judgment on in- dictment not to be reversed for want of averment of any thing not necessary to be proved, 210; or for the omission of prout patet per recordum, 210, vi et armis, 210, contra pacem, 210, & n. ; or that contra formam statuti is used instead of statutorum, 210, 211, & n.; or that any person is described by his name of office, 211; or for omitting or mis-stating time, 211, & n.; or for want of proper venue, if the court have juris- diction, 211, & n.; or that the offence is described merely in the words of the statute, 212.
Information, in what cases a copy to be given to the party,
Infamous crime, what, within 7 & 8 G. 4, c. 29,
p. 299. Accusing or threatening to accuse a man of an in- famous crime, with intent to extort money from him, punishment, 298, 299; indictment, 301; evidence, 302. If he obtain the money, it is robbery, 291, 293,
Insane person, not deemed to stand mute of malice, within 7 & 8 G. 4, c. 28, s. 2, p. 259 n.
Interpretation, general rule for, of all criminal statutes, 267. Iron, stealing, 402-See" Fixtures."
Joinder of counts in an indictment: larceny and receiving, not now allowed, 436.
Joint tenant: not indictable for stealing the joint property, 271; unless he steal them from a bailee, 271. In indictment for offences committed against the joint property, the property may be laid in any one joint tenant by name, and others, 206, 283, 284.
Journey-See "Venue."
Judgment-See "Sentence."
Jurors, both in civil and criminal cases, to be returned from the body of the county, 180, (6 G. 4, c. 50.) Court may make order for the return of a jury, or for amend- ing or enlarging the panel, 182. In what cases of high treason a copy of panel to be delivered to the party indicted, 182. Jury de medietate linguæ, in what cases, 183. Judgment not to be arrested, be- cause a person not returned has served on the jury, 212 (7 G. 4, c. 64.)
Jury process, mis-awarded or badly returned, judgment not to be arrested for it, 212.
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