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12 Geo. 3, c. 24, s. 1, setting fire to ships of war, &c, ii. 1031.
articles of the navy, burning any ships, &c, ii. 1032.
cases on the statutes now repealed, ib. et seq.

a common gaol holden a house within 9 Geo. 1, ii. 1033.
a building intended for a house but not completed, ii. 1034.

not occupied, ii. 1035.
temporary absence, ib.
building erected for workmen to eat their meals in, ib.
a cellar under a cottage separately occupied, ii. 1036.
what is an outhouse, ib. et seq.
a school-room near a house, ii. 1037.
an open shed in a farm -yard, ib.

an open building in a field at a distance from a house, ii. 1038.
an outhouse must be a building belonging to a house, ii. 1039.
a cart hovel in a field, ii. 1040.
what is a shed, ib.

a building for carrying on trade, ib. 1041.
a stable, ii. 1041, 1042.
a stack of wood, ii. 1042, 1064.
a stack of straw, ii. 1042, 1043, 1064.
a stack of haulm, ii. 1042. 1064.
a stack may be in a building, ii. 1041.
part owner of a ship guilty of arson of the ship, ii. 1043.
cotton-mill within Geo. 3, c. 29, ii. 1044.
as to intent to injure or defraud, ii. 1022, 1045.
the indictment, ii. 1045. et seq.

the indictment must suite that the act was done 'unlawfully and

maliciously,' ii. 1046.
Btatement as t<> houses, outhouses, stacks, &c, ib. et seq.
ownership of hou^e, how Btated, ib. et seq.
as to laving the intent in an indictment lor burning a barge, ii. 1048.

for burning stacks, ii. 1049.
the judges will take notice that beans are pulse and barley is
corn, ib.

ownership of partners, &c, ib.
evidence, ib. et seq.

Index. cxix

AR SON — continued.

on indictment for setting fire to a house, some one being in it, where
adjoining building is set fire to, person must be in the house when
the fire reaches it, iii. 1050.
evidence of other felonies, ib. et seq.

books of insurance company not evidence, unless notice given to

produce policy, ii. 1052.
unstamped policy evidence, ii. 1053.
principals and accessories, ii. 1054.
penalty on servants firing any house, &c, ii. 1055.
offence of burning a stack not local, ii. 1053.
attempts to set fire to buildings, &c, ii. 1054.

inciter, though absent, may be convicted on an indictment charging
him with setting fire, &c, ib.

works of, damaging, &c, ii. 1096.

common assault,

definition of an assault, i. 1019.
included in every battery, i. 1021.
no words will amount to, i. 1019.
battery, i. 1020.

injury need not be direct, i. 1021.
or immediate, ib.
by exposure to the inclemency of the weather, ib.
by indecent liberties with females, i. 1022.
by an unlawful imprisonment, i. 1023.

every imprisonment does not include a battery, i. 1025.
what will amount to an assault, ib.
intention material, ib.

force used sometimes justifiable, and will not amount to, i.
as against trespassers, ib.
presenting a pistol whether loaded or not, i. 1019.
there must be the means of carrying the threat into effect, i. 1020.
confining an idiot brother, i. 1022.
persons present at p.ize fights, i. 1023.
act done with consent not an assault, ib.
but if resistance is prevented by fraud, it is, ib.
injury accidental or undesigned, i. 1025.
servant defending master, and vice versa, i. 1026.
son assault demesne, a good defence, i. 1027.
excess of violence, ib. 1029.
officers arresting, i. 1027.
officers must use no unnecessary violence, ib.
magistrates hearing informations and convicting, i. 1028.
coroners holding inquests, ib.
entering house with violence, ib.
difference where the trespass is without violence, ib.
indictment, i. 1030.

one indictment for assaulting two persons, ib.
plea, ib.

verdict and punishment, i. 1031.
costs, i. 1032.
summary conviction before two magistrates of common assault,

i. 1033.
aggravated assault on females and boys, i. 1034.
certificate of dismissal of complaint, ib.
3 f 2



A SS AULT— continued,
aggravated assaults,

with intent to ravish, i. 927.

to commit an unnatural crime, i. 939.
upon officers executing process, i. 569, et seq.
attempts to murder, or to do great bodily harm, i. 1036.
in effecting a rescue, i. 406, 571, 597, et seq., 1036.
in obstructing revenue officers, i. 172, et seq., 1036.
in hindering the exportation or circulation of corn, i. 183, et seq.,

laving violent hands in a church or churchyard, i. 1036.
striking, or drawing a weapon in a church or churchyard, ib.
malicious striking or shedding blood in the. King's palaces, ib.
drawing a weapon or striking in the King's courts of justice, i. 1037.

nolle prosequi as to judgment of amputation, ib.
rescuing a prisoner from courts without striking, i. 1038.
assaults in inferior courts of justice, ib.
indictment, ib.
assaulting commanders of vessels, ib.

assaulting a clergyman during divine service, i. 418, 1039.
assaults on officers, &c. for their endeavours to save shipwrecked

vessels, ib.
assaults with intent to commit felony ; assaults upon peace officers ; or to
prevent arrest of offenders ; or in pursuance of a conspiracy to raise
wages, ib.
assaults with intent to obstruct the buying and selling of grain, or its free

passage, ib.
assaults on peace officers, &c, ib. et seq.
assault on seaman to prevent his working, i. 1040.
arising out of combination, ib.

on collectors of taxes, i. 1045.
revenue officers, i. 177.

officers of Pentonville and Millbank Penitentiary, i. 1049.
poor law officers, ib.
persons arresting offenders by night, ib.
with intent to commit robbery, ii. 98.

construction of the former statutes, ii. 136.

an assault and threat to charge with an infamous crime is an assault w r ith
intent to rob, ii. 133.

the assault must be made on the party intended to be robbed,

ii. 136.
no actual demand of money, &c. necessary, ib. 137.
the intent to rob the material part, and must be properly alleged,
ii. 138.
conviction of an indictment for robbery, ii. 98.
construction of the former clause, ii. 138.

on gold or silver, forging, &c, ii. 889.

unlawful, i. 387, et seq. — See tit. Unlawful Assembly.

incompetency of, iii. 614.

of another crime no1 pleadable, ii. 55.

to commit crimes or misdemeanors, when indictable, i. 83, et seq.;
Add. ib.: iii. 643



ATTEMPTS— continued.

endeavouring to provoke another to send a challenge, i. 413.
inciting persons to assemble in a riotous manner, i. 382.
to commit a rape, i. 927.

to commit murder, i. 970, et seq. — See tit. Maiming.
maliciously shooting at persons, i. 973, et seq.
attempts to murder by shooting or wounding, ib.
by destroying buildings, i. 973.
by setting fire to ships, &c, ib.
by any other means, ib.

to maim, disfigure, &c, i. 974.

to choke, with intent to commit an offence, i. 1014.
giving chloroform with like intent, ib.
a person caught in the night in an attempt to commit a felony may be

detained without a warrant, i. 999.
conviction of an attempt on an indictment for a felony or misde-
meanor, i. 1.
to take or destroy fish, ii. 376.
to set fire to buildings, ii. 1031, 1054.
to destroy buildings with gunpowder, ii. 1031.
to set fire to crops, stacks, &c, ii. 1063.
to set fire to mines, ii. 1077.
ships, ii. 1089.
in what cases there may be an attempt to commit an offence,

ii. 599 ; iii. 643.
attempt by servant to steal his master's meat, ii. 410.
to set fire to a house, inciter though absent may be convicted,
ii. 1054.

need not now be called, iii. 357.

acting as, when unqualified, i. 87.

convicted of forgery and afterwards practising, ii. 844.

embezzling money or securities intrusted to him with a written direction,

ii. 473.
goods he. or power of attorney intrusted to him for safe custody, ib.
fraudulently selling property intrusted to him for safe custody, ii. 474.
plea of, ii. 52.
in burglary, ib.
will not be effective, unless the facts on the second trial would have sus-
tained the first indictment, ii. 54.
an acquittal in one king's reign no bar to an indictment for an offence laid

in another king's reign, ii. 55,
if prisoner might have been convicted by any evidence on one indictment,

an acquittal thereon a bar to a subsequent indictment, ii. 56.
where means of death proved by the same evidence, ii. 57.
acquittal on an indictment against the prisoner and others, ii. 58.
an insolvent omitting goods from his schedule, ii. 59.
acquittal must be of the same identical offence, ii. 60.
an acquittal as principal a bar to an indictment as accessory before the

fact, ii. 59.
former indictment must be good on the face of it, ii. 60.
mode of pleading; form of plea, practice, &c, ii. 61, note (e).
in forgery, ii. 814.
in perjury, ii. 59; iii. 76.

cxxii Index.


of accused persons, iii. 437, et seq., 497.
acknowledging in name of another not privy, ii. 1016.
personating, ib.

converting property guilty of larceny, ii. 247.
may be convicted on indictment for larceny, ib.
objects of the new clause, ib. — See Add. iii. 665, 666.

it only applies where the identical thing delivered is to be returned, ii. 247.
person employed to collect money, ib.
person intrusted with a cheque to get it cashed, ib.
case of a treasurer of a money club, ii. 248.
trustee of a friendly society, ii. 249.

carrier employed to take money and bring back goods, ib.
married woman may be, ib.
special property of, so as to be laid as owner in indictment, ii. 288.

indictment for mixing alum with flour, i. 89; note (w), 169.
answerable for acts of servants, ib.

deposit in, stealing securities for, ii. 266.

embezzlement by officers and servants of, ii. 486.

making false entries in books of, ii. 859.

forcing transfers, &c. of stock at, ii. 858, et seq.

forging securities of, ii. 866, et seq. — See tit. Forgery.

personating owner of stock, ii. 858.

forging attestation of power of attorney to transfer stock, ii. 859.

clerks making out false dividend warrants, ib.

forcing the notes or bills of, ii. 866.

purchasing or receiving forged bank notes, ib.

making paper with ' Bank of England ' or ' Bank of Ireland ' or waving

bar lines, &c. in it, ii. 867.
engraving, &c. plates for making notes of the Bank of England or Ire-
land, or having such plates, &c, ii. 868.
search for such notes and instruments for forging them, ii. 846.
prosecutions, election to proceed for the minor offence, ii. 872.
signing clerk of, not a necessary witness to disprove his own signature,

are valuahle securities, ii. 266.

country notes, paid in London, larceny of, ii. 267, et seq.

embezzlement of, ii. 507.
how stated in indictment, ii. 319.
forgery, &c. of the notes of the banks of England and Ireland or other

banks, ii. 866.
purchasing, &c. forged notes, ib.
larceny of, ii. 276.

how stated in an indictment, ii. 319, 803.
forging, ii. 866.

cheque on, larceny of, ii. 275.

where the drawer had no effects or authority, ii. 614, 639.
embezzlement by, of money or securities intrusted to him with a written
direction, ii. 473.

Index. cxxiii

BANKER — continued.

of goods, &c, or power of attorney intrusted to hira for safe custody,

ii. 473.
fraudulently selling property intrusted to hira for safe custodj-, ii. 474.

embezzlements and frauds by, ii 52], et seq.

not surrendering, &c. ii. 521.

not making a discovery of his estate and effects ; not delivering up his

goods, or removing or embezzling to the amount of, ib.
indictment, form of, ii. 523, 526.
trial in bankruptcy court, ii. 523.
points on repealed statutes, ii. 524.

bankrupt may be guilty of concealment, notwithstanding a subsequent dis-
closure, ii. 526.
cases as to indictments under tbe former law, ib. et seq.

as to evidence, ii. 528, 538, et seq
trading, &c. must have been proved, ii. 528 ; Add. iii. 670.
indictment for not surrendering, ii. 530.
for embezzlement, ib.

omissions in schedule. &c, ii. 530 ; Add. iii. 669.
intent to defraud, ii. 531.
cases as to not surrendering, ii. 532.

cases as to notices, proceedings, documents, &c, ii. 533, et seq.
obtaining goods on approval, ii. 536.

by means of agent, ii. 537.
Gazette, ii. 540; Add. ib. ; iii. 671.
where bankrupt guilty of larceny, ii. 541.
examination of, admissible against him, iii. 413, et seq.

marriage by, i. 277, et seq.

register of, forging entries in, ii. 928.

stealing from, in river, canal, &c, ii. 379.

setting fire to, ii. 1029.
BARON ND FEME.— See tit. Feme Covert,

definition of, i. 266.
by whom it may be committed, ib.
indictment and proceedings, ib.
trial, ii. 267.
punishment, ib.

bringing into a parish not indictable, i. 90 ; and see note (o).
indictment for secreting a woman with child, ib. note (m).
murder of, i. 672.
concealment of birth of, i. 774.

verdict on trial for murder and punishment, ib. et seq.
conspiracy to charge as father of, iii. 126.

when indictable, i. 451.

definition of, i. 1020.

every imprisonment does not include, i. 1025.

if one be indicted for assault and battery, and the assault be ill laid, he
may be convicted of the battery, i. 1031.

cxxiv Index.


indictment of, as a nuisance, i. 443. et seq.
proceedings on, evidence, &c, i. 446, et seq.

power to arrest, i. 809, note (o).

stealing horses and other cattle, ii. 360.
the subject of larceny, killing with intent to steal, ib.

ordinarily kept in confinement, or for any domestic purpose, &c, stealing,
ii. 368. •

killing with intent to steal, ib.
possession of, ii. 369.
maliciously killing, &c. cattle, ii. 1057.

any beast not being cattle, but being either the subject of larceny, or
ordinarily kept in confinement, or for some domestic purpose, ib.

fraud by maiming in order to beg, i. 971 ; ii. 608.

its proper signification, i. 268, note (a).

what it consisted in according to the canonists, ib.

originally of ecclesiastical cognizance only, i. 268.

a felony by the 24 & 25 Vict. c. 100, s. 57, ib.
exception where second marriage contracted out of England by any other
than a British subject, ib.
exception where husband or wife shall be absent seven years, and

not known to have been living, ib.
exception as to persons divorced, ib.

persons whose former marriage has been declared void, ib.
punishment of, ib.
construction of exceptions, i. 269, et seq.

1st exception — second marriage out of England by other than

subjects of this realm, ib.
2nd exception — where husband or wife shall be absent seven
years, and not known to be living, ib.
reasonable diligence, what is, ib.

on whom the proof of want of knowledge lies, i. 270; Add.
iii. 646.
3rd exception — divorce, a vinculo matrimonii, i. 271.

in Scotland, i. 272.
4th exception — marriage declared void by sentence of any
court of competent jurisdiction, ib.
no exception where the parties are under age, i. 273.

though a person be within some of the exceptions, the marriage
is null and void, ib.
accessories, ib.

principal in second degree, ib.
proceedings on the statute, ib.

trial in the county where the party is apprehended or in
custody, ib.
this cause is only cumulative, ib.
the indictment need not aver the apprehension or custody,

i. 274.
wh:ii amounts to apprehension, ib.
of the first marriage, ib.

marriage wit Inn the prohibited degrees, ib.

former Marriage; Act, 26 Geo. 2, c. 33, i. 275, et seq.

3 Geo. 4. c. 75, i. 276.

Index. cxxv

BIGAMY- continued.

4 Geo. 4, c. 76, i. 277, et seq.
confined to England, ib.
6 & 7 Will. 4, c. 85, i. 283, et seq.
1 Vict. c. 22, i. 285, 291.

3 & 4 Vict. c. 72, i. 292.

19 & 20 Vict. c. 119, et seq., i. 293.

banns ought to be published in true name, i. 298.

where entire variation, i. 299. ,

where partial variation, ib.

under 4 Geo. 4, c. 76, both parties must know that banns have

been published in a wrong name, i. 300.
assuming fictitious name on the second marriage, i. 301.
marriage by license in false name, i. 302.
a marriage by a minor by license without consent since 4 Geo. 4,

c. 76, is valid, i. 304.
marriage under an assumed name, where good, i. 300, et seq.
the prosecutor must have shown the proper consent of parents,

&c. if necessary, when the marriage was by license, i. .03.
consent to the marriage in case of illegitimate children, i. 304.
clergyman must be present, i. 305.
evidence of marriages under 6 & 7 Will. 4, c. 85, i. 305, et seq. :

Add. iii. 647.
marriages celebrated in churches and chapels erected since the
26 Geo. 2, c. 33, i. 307.
44 Geo. 3, c. 77, ib.
6 Geo. 4, c. 92, i. 308.
and other Acts, i. 309, et seq.
marriages in Scotland, and places beyond seas, i. 310.
marriage by a dissenting teacher in a private room in Ireland,

i. 312.
marriage in private house in Ireland, i. 311.
between Catholic and Protestant in Ireland, i. 313; Add. iii. 647.
minors in Ireland (9 Geo. 2), i. 314.
Marriage Act for Ireland, ib.

4 Geo. 4, makes valid certain marriages solemnized in the chapel
of British Ambassadors, &c, or in the army abroad, ib.

marriages by Scotch ministers in India (58 Geo. 3), i. 315.

marriages in Newfoundland and elsewhere abroad, ib.

Quakers' marriages, ib.

Jewish marriages, ib.

Jewish divorce, i. 316.

French marriages, ib.

marriages of lunatics void, ib.

marriage by reputation not sufficient, ib.

the name of second wife must be proved as stated in the

indictment, i. 317.
copies of registers evidence, ib.

how far the acknowledgment of the defendant is evidence, ib.
the true wife canuot be a witness, i. 319.
presumption of death with reference to circumstances, i. 320.
letters evidence of the writer being alive, ib.

forging, ii. 940.
stealing, ii. 266.
may be laid as a warrant for the payment of money, ii. 973.
causing to be executed by force, ii. 100.
by fraud, ii. 618.

cxxvi Index.


stealing, &c, ii. 266.

ordinarily kept in confinement or for some domestic purpose, stealing, ii. 368.
killing with intent to steal, ib.
possession of, ii. 369.

maliciously killing, maiming, &c, ii. 1057.
, register of, forging, ii. 928.

concealment of, i. 774, et seq.

extortion in, i. 208.

still indictable at common law, i. 88, 321, 332.

indictment for, i. 332, et seq.

punishment for, i. 373.

stealing from in port, river, &c, ii. 379.

causing wiih intent to murder, i. 972.

attempting to cause with like intent, i. 973.
with intent to maim, &c, i. 974.
to prevent apprehension, ib.

inflicting with or without a weapon, i. 975.

exploding gunpowder with intent to cause, i. 1016.

placing gunpowder near buildings, &c. with like intent, i. 1017.

setting spring-guns with like intent, i. 1052.

drivers of carriages causing, i. 1051.

causing, to apprentices or servants, i. 1015.

how described, ii. 300.

a valuable security, ii. 266.
stealing, ib.
forging, ii. 940.

stealing, ii. 266.

of counties, offences committed near, i. 753 ; ii. 332, et seq.

death by, i. 854.

stealing from buildings, ii. 252.

putting unwholesome ingredients in, by a baker, indictable, i. 169.
by servant with master's knowledge, master indictable, ib.

in what it may consist, i. 223.

definition of, ib. 224.

treating defined, i. 225.

undue influence, i. 226.

attempts to bribe, i. 84, 223.

in elections for members of Parliament, i. 224, et seq.
cockades, i. 226.

COSts, ib.

limitation of proceedings, i. 227.
refreshments to voters, ib.

Index. cxxvii

BRIBERY — continued.

travelling expenses, i.228.
payments through agents, i. 229.
indictments, i. 230.
commissions to inquire into, ib.
construction of former Acts, i. 232, et seq.
agency, i. 234, et seq.
indemnification of discoverers, i. 238.
tampering with jurors, i. 85, 223.
at municipal elections, i. 237.

construction of the terms ' corrupt,' ' offer to corrupt,' and ' procure to
vote,' ' employment,' i. 238.

of public bridges, i. 541.

of private bridges, ib.

whether a structure be a bridge is a question of fact, ib.

counties bound to repair bridges over streams flowing between defined

banks, i. 542.
sometimes land arches, i. 543.
dedication of a bridge to the public, ib.
a bridge may be indictable as a nuisance, if built without public utility, or

colourably, to charge the county, i. 544.
of nuisances to, by obstructions, ib.

house adjoining, ib.
of nuisances by not repairing them, ib. et seq.
liability of the county to repair, ib.
unless they show others liable, ib.
not removed by an Act of Parliament, i. 545.
person liable by receipt of toll, i. 546.
immemorial corporation liable to repair, i. 547.
ancient presentments and verdicts, and grants of pontage, i. 548.
repair of bridges by the 22 Hen. 8 (Statute of Bridges), i. 549.
and of three hundred feet of the highway next adjoining, ib.
of the nature of this liability, ib.

county of a city enlarged liable to repair bridge
in the district so added, i. 550.
counties liable to repair bridges built by private persons, i. 552.
(43 Geo. 3) not to be charged unless the bridges be built in a
substantial manner, &c, i. 554.
cases upon the 43 Geo. 3, c. 59, i. 555.
cases where counties have been holden not to be liable to repair
bridges built by companies or trustees, i. 556.
an infant bound to repair ratione tenurce, not privileged by nonage,
i. 6, 564.
no person compellable to build new bridges, i. 551.
power of justices to order bridges to be widened, &c. or rebuilt, ib. ; Add.

iii. 652.
composition as to repair between county and parish, where the latter is

liable to repair, under 3 Geo. 4, c. 126, i. 552.
pulling down old bridge before new one passable, ib.
one bridge within three hundred feet of another in another county,

i. 559.
party liable to repair a bridge is prima facie liable to repair the ap-
proaches, i. 558.
counties not liable to repair ends of bridges built after 1836, i. 559.
those who are liable to repair must do it effectually, ib.
but are not bound to widen, i. 560.
procuring monies for repairs of bridges, and of contributions, ib.

cxxviii Index.

BRIDGES— continued.

justices may contract for repairs, &c, i. 560.
information, presentment, or indictment, for not repairing, i. 562.
proceedings of justices in sessions, ib.
indictment, ib.

occupier of land liable to repair of a bridge is indictable, i. 564.
infant where not liable ratione tenures, ib.
pleadings, special plea, &c, i. 564, et seq.
trial, county, &c, i. 566.
evidence, ib.

inhabitants of counties witnesses against private persons, ib.
reputation admissible, i. 567.
the judgment, ib.

staying it, i. 568.
certiorari to remove presentments or indictments, ib.
riotously destroying bridges, &c. belonging to collieries, mines, &c,

i. 382.
destroying, whether over a stream or not, ii. 1074.

for conveying minerals from mines, ii. 1078.

embezzlement by, of money or securities intrusted to him with a written
direction, ii. 473.

of goods, &c, or power of attorney intrusted to him for safe cus-
tody, ib.
fraudulently selling property intrusted to him for safe custody, ii. 474.

setting fire to, ii. 1028, et seq.
destroying, &c. with gunpowder, ii. 1031.

what is, ii. 89, et seq.
breaking into and committing any felony in, ii. 89.
committing any felony in, and breaking out of, ib.

stealing or killing with intent to steal, ii. 360.
maliciously killing, &c, ii. 1057.

assemblies for, not riotous, i. 379.

frauds relating to, i. Ill, et seq.

making gold and silver under the true alloy, ib.

fraudulently affixing marks, indictable at common law, ib.
frauds in the exportation of bullion, ib.

removing, destroying, or concealing, ii. 1091.

definition of the offence, ii. 1.

breaking and entering, both necessary, ii. 2.

the brilliant/. — Of an actual breaking, ib. 3.
windows, ii. 3.
chimney, ii. 4.

where there are no interior fastenings, ib.
trap doors, ii. 5.

breaking a wall built round the house for its safeguard, ib.

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