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INDEX.

ABDUCTION,

at common law, 237.

by statute, id.

proof of the taking away, or detaining
against the will, 238.

proof of the woman's interest, id.
proof the motive of lucre, id.

proof of the intent to marry or defile, 239.
venue, id.

abduction of girls under sixteen, id.
proof of the taking of the girl out of the
possession of the father, &c. 240.
proof of the want of consent of the father,
&c. id.

competency of witnesses on, 140.
ABETTORS,

Proof with regard to, 200. See Accessa-

ries.

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proof with regard to accessaries after the ADOPTION,

fact, 207.

in burglary, 308.

in coining, 361.

in forgery, 466, 467.

of highway by parish, 521.
ADULTERY,

sufficient provocation to render homicide
manslaughter, 627.

in manslaughter, before the fact, AFFIDAVIT,

cannot be, 205.

in murder, 634, 722.

in malicious injuries, 616.

by person convicted of crime, 123.
proof of, made in causes, 189.

proof of perjury upon, 759.

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by peace officers in general, 689, et seq.
See Peace Officer; and Murder..
power to arrest under particular statutes,
692.

metropolitan police act, 693.
regularity of the process, 697.
what constitutes, 706.

ARSON,

offence at common law, 244.

proof of the burning, id.

proof that the house burnt is the
house of another, id.

proof of the malice and wilfulness,
246.

offence by statute, 247.

setting fire to a dwelling-house, any per-
son being therein, id.

setting fire to houses, &c. id.
proof of the setting fire, &c. 248.
proof of the property set fire to, 249.
proof of the intent to injure or de-
fraud, 253.

setting fire to coal mines, 254.
setting fire to stacks, &c. id.

to ships with intent to murder, 255.
to ships with intent to destroy the
same, 256.

to ships of war, &c. id.
negligent burning, 257.
ASPORTAVIT,

in cases of larceny of cattle, 234.
in stealing in a dwelling-house, 383.
what sufficient in larceny, 534.

ASSAULT,

hearsay, when admissible on prosecution
for, 23.

allegation of, divisible, 92.

what amounts to, 252.

what does not amount to, 259.
accident, id.

amicable contest, 260.

lawful chastisement, id.
self defence, id.

interference to prevent breach of the

peace, 261..

defence of possession, 262.

execution of process by officers, &c.

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ATTEMPT,

to commit bribery, a misdemeanor, 292.
to provoke a challenge, 339.

to commit felony, party may be arrested
without warrant, 690.

to commit murder, &c. 723.
ATTORNEY,

privilege of, as witness, 175.

extends to his agents and clerks, id.
and to an interpreter, id.
privilege that of the client, id.
when attorney not privileged, 176.
what matters are privileged, 177.
production of deeds, &c. id.
what matters are not privileged-
matters of fact, 178.

attorney party to the transaction, 179.
not liable for maintenance, 613.

AUTRE FOIS ACQUIT,

plea of in burglary, 332.

AUTRE FOIS CONVICT,

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of commissioners setting out boundaries,
521.

BARN,

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proof for the prisoner under the excep-
tions in the marriage act, 290.

BILL OF EXCHANGE,

forgery of, unstamped, 449.

degree of perfectness, 450, 451, 452.
averment of forged bill, not proved
by forged acceptance, 454.

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by lodgers, id.

by wife or family, 319.
by clerks or agents of public
companies, &c. id.

by servants, occupying as such,
321.

by servants, occupying as ten-
ants, 323.

by guests, &c. 324.
by partners, 325.

outbuildings and curtilage, 326.

proof of the offence having been commit-
ted in the night time, 327.

proof of the intent to commit felony-fel-
ony at common law or by statute,
328.

variance in statement of, 329.

minor offence, larceny, &c. 330.
proof of the breaking out of a dwelling-
house, &c. 331.

proof, upon plea of autre fois acquit, 332.
on indictment for, prisoner may be con-
victed of larceny, 91.

BURIAL,

conspiracy to prevent, indictable, 367.
refusing to bury, indictable, 380.
burying without inquest, id.

of bodies cast on shore, 380.

register of, forging, 494.

destroying or counterfeiting, 495.

BURNING. See Arson.

negligent burning, 257.

CANAL,

offence at common law, 301.

maliciously breaking down banks of, 617.

CANAL (continued.)
stealing goods from vessels on, 573.
CAPABILITY,

of committing crimes, 872 to 878.
CARRIERS,

larceny by, 542, 543. See Larceny.
special property in goods, 583.
CARRYING AWAY,

what sufficient in larceny, 534.

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breach of contract only, 342.

on banker giving, without effects, not in-
dictable at common law, 342

but is a false pretence under stat. id.
419, 420.

proof of forgery, 444

is both a warrant and order for pay-
ment of money, 481.

when not the subject of larceny,
573.

extorting by duress, 861.

proof of guilty knowledge of coin being
counterfeit, 85.

proof of counterfeiting the gold and sil-
ver coin, 347.

proof of the counterfeiting, 348.
proof that the coin is counterfeit, id.
proof of coloring counterfeit coin or
metal-and filing, and altering le-
gal coin, 349.

proof of impairing or diminishing the
coin, 350.

proof of uttering counterfeit gold or
silver coin, 351.

proof of the simple uttering, id.
proof of the compound offence
of uttering, having other false
coin in possession, 352.
proof of buying or selling counterfeit coin
for less value than its denomination-
importing counterfeit coin, 354.
proof of having counterfeit coin in pos-
session, 355.

proof of counterfeiting, &c. the copper
coin, 356.

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