judgment, and costs; it then treats of the proceedings in appeals against orders of removal, against poor-rates, against the appointment of overseers, against the allowance or disallowance of overseers' accounts, against county rates, against orders for stopping up highways, appeals under Inclosure Acts, and appeals against convictions. The fourth chapter, treats of the jurisdiction and practice of the Court of Quarter Sessions in other matters; such as the exhibiting of articles of the peace; the allowance and enrolment of the rules of friendly societies; registering the chapels of Protestant Dissenters and Catholics; licensing lunatic asylums; proceedings with respect to the building, repairing and ordering of gaols; assessing the county rate; diverting and stopping up highways; allowance of coroners' fees; the punishment of a certain class of vagrants; and the disposing of applications in bastardy cases.

As to the manner in which I have treated these various subjects, it would be unbecoming in me to make any observation. The great pains, however, which I have taken with this little work, lead me to hope that it will meet with the same favour and approval, which the profession have kindly and indulgently bestowed upon my other works.

5, King's Bench Walk,

Temple.

J. F. A.

CONTENTS.

CHAPTER I.

JURISDICTION AND PRACTICE OF THE COURT OF

QUARTER SESSIONS, GENERALLY.

:

1. Its jurisdiction, 2 under the commission, 2; by statute, 9;

in boroughs, 9.

2. Where and before whom the Sessions are to be holden, 10:

in counties, 10; in boroughs, 13.

3. At what time the Sessions are to be holden, 14: in counties

14; in boroughs, 16.

4. Officers of the Court of Quarter Sessions, 17: Custos Rotu-

lorum, 17; Clerk of the peace, 17; County treasurer, 19;

Sheriffs, constables, &c. 19; Attornies, 19. Officers of

the Court in boroughs, 20.

5. Proceedings of the Court of Quarter Sessions, generally, 20:

Routine of the business, 21; Division of the Court, 21;

Proceedings in appeals, 23; Proceedings in criminal

cases, 25. Contempts of the Sessions, how punishable,

27. When, how, and to what time the Court may be

adjourned, 28.

6. Decisions of the Sessions, in what cases, and how revised, 30:

by writ of error, 30; by certiorari, 32; Special case, 46;

Mandamus, 54.

7. Justices, how and in what cases punishable, and how far pro-

tected, 67: Criminal information, 67; Action, 71.

b

CHAPTER II.

THE PRACTICE OF THE COURT OF QUARTER SESSIONS,

AS A CRIMINAL COURT.

SECT. 1. Persons capable of committing crimes, and the degree in

which they may be guilty, 77.

1. What persons are punishable or excusable for crimes,

77: infants, 77. Idiots and lunatics, 79. Wife,

79. Ambassadors and their servants, 82. Per-

sons offending from chance, mistake, &c. 82.

2. Degrees of guilt, 83: principals in the first and

second degree, 83; Accessories before the fact,

83; Accessories after the fact, 83.

SECT. 2. A list of offences, which are the subjects of prosecution

by indictment, 84.

SECT. 3. Indictment generally, 116.

1. The commencement, 116.

2. Body of the indictment, 117: Description of the de-

fendant, 117; description of the indictor, or

party injured, &c. 117. The facts, &c. consti-

tuting the offence, 119; time and place, 119.

It must be positive, 121. It must be certain,

121. It must not be repugnant, 122. Technical

words, 123.

3. Conclusion, 123.

4. Joinder of offences, 124.

5. Joinder of defendants, 125.

6. Indictment, how found, 125.

SECT. 4. Evidence generally, 126.

1. What must be proved, and by whom, 126.

2. The manner of proving the matter in issue, 129:

Confessions, 129; Presumptions, 135; Proofs,

138.

3. Written evidence, 142: Acts of Parliament, 142.

Other Records, 142. Matters quasi of record,

143. Depositions of deceased witnesses, 143.

Other public documents, 144. Deeds and other

private written instruments, 144.

4. Parol evidence, 145: who may be witnesses, 145.

Number of witnesses required, 151. Exami-

nation of witnesses, 151; Cross-examination,

153; Examination, &c., of witnesses for the

defence, 154; Evidence in reply, 154. Wit-

nesses, how compelled to attend, 155. Witnesses'

expenses, 155.

SECT. 5. Indictments and Evidence in particular cases, 156.

1. Indictment for simple Larceny, 156; evidence, 156.

2. Indictment for Larceny of bills of exchange, &c.,

169; evidence, 170.

3. Indictment for stealing sheep or cattle, 171; evi-

dence, 172.

4. Indictment for stealing fixtures, or lead, &c., fixed

to buildings, &c., 173; evidence, 173.

5. Indictment for stealing from the person, 174; evi-

dence, 174.

6. Indictment for stealing in a dwelling-house, to the

value of 51., 175; evidence, 175.

7. Indictment for larceny by tenants or lodgers, 177.

8. Indictment for larceny by clerks or servants, 177;

evidence, 178.

9. Indictment for embezzlement by clerks or servants,

178; evidence, 180.

10. Indictment for obtaining goods, &c., by false pre-

tences, 185; evidence, 186.

11. Indictment against a receiver of stolen goods, as

accessory, together with the principal, 188; evi-

dence, 189.

12. Indictment against a receiver of stolen goods, as for

a substantive felony, 190; evidence, 191.

13. Indictment for a subsequent felony, after a previous

conviction for felony, 191; evidence, 192.

14. Indictment for uttering counterfeit coin, 193; evi-

dence, 194.

15. Indictment for an assault and battery, 194; evi-

dence, 194.

16. Indictment for an assault upon a peace or revenue

officer, or upon any person acting in their aid,

196; evidence, 196.

17. Indictment for an assault, with intent to commit a

felony, 196; evidence, 197.

18. Indictment for a riot and assault, &c. 197; evidence,

198.

19. Indictment for forcible entry, 200; evidence, 201.

20. Indictment against a poacher for assaulting a game-

keeper in the night time, 203; evidence, 204.

21. Keeping a disorderly house, 205; indictment, 207;

evidence, 208.

22. Indictment for carrying on an offensive trade near a

highway, 209; evidence, 209.

23. Indictment for obstructing a highway, 211; evi-

dence, 212.

24. Indictment for not repairing a highway, 214; evi-

dence, 215. Plea, that a particular district in

the parish is bound to repair, 221; evidence,

222; plea that a particular person is bound to

repair ratione tenura, 223.

25. Indictment against a district of a parish, or a corpo-

ration bound to repair by prescription, or an indi-

vidual bound ratione tenuræ, for not repairing

a highway, 224. Presentments, 225.

26. Indictment for disobeying an order of Justices, 226;

evidence, 226.

27. Indictment for not accepting and serving office, 227;

evidence, 228.

28. Indictment for a conspiracy, 228; evidence, 231;

witnesses, 234; verdict, &c., 235.

SECT. 6. Proceedings and Practice of the Court of Quarter Ses-

sions, as a Criminal Court, 236: The grand and

petty jury, 236, qualification, 236, exemptions, 236,

jury de medietate linguæ, 238, how returned, sum-

moned, &c., 238, 239; grand jury called, sworn,

and charged, 239; petty jury called, 241: fine for

non attendance, 241. Bills preferred and found,

242. Arraignment, plea, &c. 243: traverse, 243,

arraignment, 244, standing mute, &c. 245, plea in

abatement, 245, plea of not guilty, 246, auterfois

acquit, 246, auterfois attaint, 247, plea of pardon,

247, demurrer, 247. Petty jury sworn and charged,

248 swearing the jury, 248, challenge of jurors,

248, jury charged, 249. Case stated, evidence, &c.

250 for the prosecution, 250, for the defence, 250;

reply, &c. 251. Summing up, 252; retirement of

the jury, 252; in what cases they may be discharged,

253; verdict, 253; what defects are cured by it,

255. New trial, 256; arrest of judgment, 256.

Judgment, 257, punishment for felony, 257; solitary

confinement, in what cases, 258; hard labour, in

what cases, 258. Costs, 259, in felonies, 259, in

misdemeanors, 260; how ascertained and paid, 261.

Restitution of stolen goods, 261.