PROSECUTION, This term in a statute includes appeals, R. v. Surrey, (Jus.) 5 Ad. & E. 701, n. By what mode he must proceed at sessions, 122 Any person may become, 123 Death of, does not abate proceedings, id. How bound by recognizance to prosecute and give evidence, id.; see RECOG- NIZANCE Not entitled to address the jury in support of his prosecution, 134, 135, 513 How calling on his recognizances to prosecute and give evidence, 155 Entitled to certiorari, notwithstanding act taking it away, 914 PUBLIC OFFICER, Costs to, when he indicts, 935 PUBLIC SERVICE, Monies embezzled in, how described in indictment, 194 PUBLICATION, Of rate in church, 624, n. (h), 694, 695 Of libel, 200 Of poor's rate at door of church, 695; Lewis v. Davis, 5 Tyr. 198 PUNISHMENT, Excess of, error, 142 When cumulative, 288, et seq., 300, n. Endurance of, recapacitates offender as witness, except in perjury, 551 Of felonies for which no punishment specially provided, 593 PURSUANCE, Of act of parliament, 915 When following act, protects justices, 82, n. QUAKERS, Permitted to affirm in all cases, whether as jurors or witnesses, 547 QUANTITY, Stating in indictment, 229, 379 QUARRY; see MINE QUARTER SESSIONS; see tit. SESSIONS, GENERAL QUARTER SESSIONS Indictment, 490 Order of sessions in part, 656 QUEEN'S BENCH, Visitatorial jurisdiction of, over sessions; see APPEAL, 661, &c. When will not grant new trial by sessions; see SPECIAL CASE, NEW TRIAL Quashing appeal for form only, special entry, 904 QUORUM, Meaning of the term, 67 Originally applicable only to select number of justices, id. Effects of this clause in orders of removal, 715, n. RABBITS, Taking by night; see GAME RAILWAYS; see NUISANCES BY OBSTRUCTING HIGHWAYS RAPE, Conviction of assault under indictment for, 172 RATE; see POOR'S RATE RATIONE TENURE; see HIGHWAY, NUISANCE REAL ESTATE, Writings relating to, offence of stealing, 475 Provision as to, in 7 & 8 G. IV. c. 29, s. 23, id. Form of indictment for stealing a deed evidencing title, 476 RECALLING, Witness; see WITNESS RECEIPT, When not received in evidence for want of stamp, 267, 268, 543 RECEIVERS OF STOLEN OR EMBEZZLEd Goods, First assimilated to offence of accessory after fact, 233 When offence felony, 274 May be tried as accessories after the fact, or for a substantive felony, id. May be tried in the county where the principal is tried, 163; or in that part Nature of offence, 275 Punishment, id. Venue, 163, 276 Form of indictment against receiver, As accessory jointly with principal, 276 As for a substantive felony, 277 When offence of receiving is a misdemeanour, 461 Provision of 7 & 8 G. IV. c. 29, s. 56, id. Form of indictment for receiving goods obtained by false pretences, 462 RECENT POSSESSION, Of stolen goods, 277, n. RECITALS, In indictments, 178 RECLAIMED ANIMAL, 225 RECOGNITION, Doctrine of, 126 RECOGNIZANCE, Binding over persons by, to appear and give evidence or prosecute, 9 Married woman cannot give, so must find a surety in her stead, id. Semble, infant may give, 123 Calling witnesses on, 559 Form of recognizance To prosecute or give evidence, id. Of bail given by defendant and his sureties, 124 RECOGNIZANCE-continued. If attested by justices, need not be signed by cognizor, 125 Is matter of record, id. To be certified to next session, 47, 125, 616 Of bail, when required from accused before indictment found, 125 Attendance under, must be recorded, or party is not exonerated, id. Party bound by, to appear at sessions, has all the session to appear in, 206, When and how required from witness in criminal case, 128 To prosecute appeal, 873; see 640 Estreats of, what are, 967 Recognizances in certain cases not to be estreated without order of the ses- Levying amount of forfeited recognizances ordered by sessions to be es- Next sessions may discharge the whole of the forfeited recognizance, 969 Calling parties on, to prosecute and give evidence, 155 to appear, and process on default, 206 Cannot be proceeded on at sessions after forfeited, but should be removed into RECORDER, In boroughs, 4 Is the quarter sessions of a borough in his own person, 973, 974 RECOGNITION, 126, n. RECORD, Of indictment for felony, Clerk of peace may be called on to make up, 133 Of quarter sessions, e. g. indictment, order of sessions, &c., 535 RECORDS-Stealing or Destroying, Offence under 7 & 8 G. IV. c. 29, s. 21, 217, 462 Form of indictment for purloining a nisi prius record, 463 REEVE, 371 REFERENCE, Of an appeal against a poor's rate by consent of parties, 877 REFRESHING MEMORY, 565 REGAINING, Possession of land; see FORCIBLE ENTRY REGISTER, Of baptism, proves what, 303 Of birth, must be made on pain of indictment, Addenda Ixxiii REGRATING; see FORESTALLING REHEARING BY SESSIONS, Of appeal; see APPEAL, SPECIAL CASE Only ordered after case granted by sessions; see APPEAL RELATIVE; see ANTECEDENT RELIEF OF PAUPERS, Operation of, in questions of settlement; see SETTLEMENT BY ACKNOWLEDG- MENT REMOVAL, FRAUDULENT; see DISTRESS, LARCENY REMOVAL OF PAUPERS, Power of, first given by 13 & 14 C. II. c. 12, 710 Such power now altered and restricted, 711 Can only be exercised when pauper is or may be deemed "actually charge- Unmarried woman with child no longer removable, 712 Relationships of wife, child, &c. which prevent separation of parties removed, Removing natives of Scotland, Ireland, Guernsey, Man, &c., 713 Removal to township maintaining its own poor, id. 714 Appeal consequent thereon, id. Examination of pauper, 714 Form of order of removal, 715 Suspended order of removal in cases of sickness, &c., 716, 721 Signing order, removing pauper, serving copy of order, and notice of charge- Costs of maintenance on, 945 Conditional allowance of maintenance, bad, 946 Maintenance may be ascertained by others, but court must give judgment Costs of maintenance on, paid by the parish where pauper is settled, 947 Appeal where such sum exceeds 207., 948 May be ordered by justice to be executed, 949 Time for appealing after, 950 Extending to others of same family, id. Justice to take examination of sick or aged pauper, and report to other magis- trates as to his settlement, id. Execution of order of removal, id. Abandonment of order, 824; see 717 Time of removing pauper under order of removal (since 4 & 5 W. IV. c. 76, Removing parish to send notice of chargeability of pauper, with copy of exami- Appeal against order of removal, 720 Who may appeal, 721 To what session in respect of place and time, 721 Time for appealing where order suspended, 722 Entering and respiting, 723; see 634, 650 When should be respited, though not entered till second session, 724 Time for parish officers to inquire as to propriety of appealing, id. Power of sessions to which appeal is respited, 725 Neglect to enter respited appeal, id. Entering appeal at adjourned quarter session by practice of session, id. Notice of, is still regulated by practice of sessions, id.; see 719 May be verbal, but should be written, 726 How signed and served, id. Time of serving, 727 Effect of not following up notice of appeal, 719 REMOVAL OF PAUPERS-continued. Statement of" Grounds of Appeal," To be framed by appellants and delivered to respondents, "fourteen days To be "clear" days, viz. exclusive of day of service and of first day of How signed, id. On whom served, 728 Requisites of, 728-731 Most convenient course for serving respondents with, 731 Need not accompany notice of appeal, id. Serving fresh statement of grounds of appeal, id. Defects of form as well as substance on face of order of removal must be stated in the grounds, 728 Statement of settlement in examination and order of removal, 733 Forms of Notice of Appeal and of Statement of Grounds of Appeal, 732 Respondent parish to state settlement in examination and order of removal, Pauper returning to parish from which removed by order, 716, 791 Judgment of sessions must be to confirm or quash order of removal, 828 Trial of Appeal against, (for general points; see APPEAL) First prove notice of appeal, 822 Then original order should be read, id. Sessions may amend defects of form in order or judgment of any justices, But not defects in substance, 823 Defects in order cannot be objected to, unless stated as grounds of appeal, Rules of evidence on hearing appeal against order of removal, id. Producing pauper, 825 Effect of former order unappealed against, or confirmed, or quashed, on Effect of quashing former order for defect of form, or because pauper irre- Right to begin and reply, 825 Cross-examination, 826 Justices are sole judges of evidence in such appeal, 655, 827 But may enter judgment specially to prevent their order from being con- Or may grant a case for opinion of court above on point of law, 828; see Judgment is to confirm or quash order of removal, 828 Costs of appeal, 944; see 829 Removing paupers back after order quashed on appeal, 829 Order of sessions confirming original order of removal is final, except for RENTING, How proved, 789 REPLY, Is obtained by prosecutor if witnesses are called for prisoner, even if to Rules of the judges involving right to, where prisoner cross-examines on the On part of the crown in public prosecutions, 581 When fresh facts or documents are opened by defendant's counsel without |