Sidebilder
PDF
ePub

PROSECUTION,

This term in a statute includes appeals, R. v. Surrey, (Jus.) 5 Ad. & E. 701, n.
PROSECUTOR,

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
Generally incompetent on the ground of interest, 554

How calling on his recognizances to prosecute and give evidence, 155
Examining prosecutor or his wife as witnesses, and reason for, 518, 544
Ascertaining who he is, 190

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
Of overseers' accounts by deposit with successors, 703

PUNISHMENT,

Excess of, error, 142

When cumulative, 288, et seq., 300, n.

Endurance of, recapacitates offender as witness, except in perjury, 551
Apportioning, 597

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
QUALIFICATION OF JUSTICES; see Justices

QUANTITY,

Stating in indictment, 229, 379

QUARRY; see MINE

QUARTER SESSIONS; see tit. SESSIONS, GENERAL QUARTER SESSIONS
QUASHING,

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
Has what jurisdiction in error over sessions, 902

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.

[ocr errors]

May be tried in the county where the principal is tried, 163; or in that part
of the united kingdom where the property is received, 164
Indicting as principal and receiver in the same indictment, 276, n.

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
Justice or coroner may call on prosecutor to acknowledge, 123
May commit him on refusal, id.

Married woman cannot give, so must find a surety in her stead, id.
Perfecting, where necessary, in order to appeal, 47, 125, 641, 921
How to bind corporations by, 641

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,
207; see SESSION OF PEACE

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-
sions, 968; see 94, 617

Levying amount of forfeited recognizances ordered by sessions to be es-
treated, 969

Next sessions may discharge the whole of the forfeited recognizance, 969
Until the recognizance is estreated into exchequer, that court exercises no
jurisdiction, 95, 969, 970

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
exchequer, 617

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
For defacing a record of an indictment for perjury, id.

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
Fresh evidence may be given on; see SPECIAL CASE

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-
able," id.; and then only subject to 4 & 5 W. IV. c. 76, s. 79, 717, 718
What persons are removable as "actually chargeable,” id.

Unmarried woman with child no longer removable, 712

Relationships of wife, child, &c. which prevent separation of parties removed,
id.

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-
ability, 716

Costs of maintenance on, 945

Conditional allowance of maintenance, bad, 946

Maintenance may be ascertained by others, but court must give judgment
accordingly, id.

Costs of maintenance on, paid by the parish where pauper is settled, 947
Or in default levied by distress and sale, if no notice of appeal, id.

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,
s. 79), 717-719

Removing parish to send notice of chargeability of pauper, with copy of exami-
nation on which removal made to parish to which removal is made, 717
Appellants to have access to pauper, 719

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
at least" before first day of session, 727

To be "clear" days, viz. exclusive of day of service and of first day of
sessions, 727

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
Trial of appeal against, 822; see APPEAL

Respondent parish to state settlement in examination and order of removal,
733

Pauper returning to parish from which removed by order, 716, 791

Judgment of sessions must be to confirm or quash order of removal, 828
Removing paupers back after order quashed on appeal, 829

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,
id.

But not defects in substance, 823

Defects in order cannot be objected to, unless stated as grounds of appeal,
824

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
merits, 822, 824

Effect of quashing former order for defect of form, or because pauper irre-
movable or not actually chargeable, 827

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-
clusive, 657, 904

Or may grant a case for opinion of court above on point of law, 828; see
SPECIAL CASE

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
error on face of it, 903, n.

RENTING,

How proved, 789

REPLY,

Is obtained by prosecutor if witnesses are called for prisoner, even if to
character only, 580

Rules of the judges involving right to, where prisoner cross-examines on the
depositions, 568

On part of the crown in public prosecutions, 581

When fresh facts or documents are opened by defendant's counsel without
afterwards proving them by calling witnesses, or reading documents, id.

« ForrigeFortsett »