terrified and alarmed the said C. D. and his wife and family in the peaceable possession and enjoyment of his said dwelling house and premises, and also greatly disturbed, disquieted, terrified, and alarmed the said other liege subjects of our said lord the king, inhabiting and residing in the said dwelling house and premises, and then and there unlawfully, riotously, and routously did break down, pull down, prostrate, demolish, and destroy great part of the said wall, &c. &c. to wit, twenty perches of the said wall, then and there standing and being, and the materials thereof, to wit, five hundred bricks, &c. &c. of a large value, to wit, &c. unlawfully, riotously, routously, and wantonly, did cast and scatter into and about the king's common and public highway there, to the great damage and terror of the said, &c. and of his majesty's other liege subjects, in contempt, &c. to the evil example, &c. and against the peace, &c. And Second the jurors, &c. do further present, that the said A. B. &c. count. together with divers other evil disposed persons, to the jurors aforesaid as yet unknown, heretofore, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, did unlawfully conspire, combine, confederate and agree together, unlawfully to break down, demolish, prostrate and destroy, certain other erections, buildings, posts, pales, rails, and fences, there, then standing and being the property of and belonging to his said majesty's subjects, there, then inhabiting and residing, in contempt, &c. to the evil, &c. and against the peace, &c. And the jurors, &c. do further present, that the Third said A. B. &c. together with divers other evil disposed per-count. sons, to the jurors aforesaid as yet unknown, being respec-[* 1193] tively rioters, routers, and disturbers of the peace of our said lord the king, heretofore, to wit, on, &c. aforesaid, with force and arms, at, &c. aforesaid, did unlawfully, riotously, and routously assemble and meet together, to disturb the peace of our said lord the king, near the dwelling houses of divers other liege subjects of our said lord the king, and being so assembled and met together there, then and there, unlawfully, riotously, and routously did make a great noise, disturbance and affray, and staid and continued there making such riot, noise, disturbance and affray for a long space of time, to wit, &c. and thereby for and during all that time, there greatly disturb, disquieted, terrified, and alarmed the said last mentioned subjects, in the peaceable possession, use, occupation, and enjoyment of their said dwelling houses, and then and there unlawfully, riotously, and routously did break down, pull down, prostrate, demolish, and destroy great part, to wit, twenty perches of a certain other wall, and certain other erections, buildings, posts, pales, rails, and fences, to wit, twenty other erections, &c. of the said C. D. there then standing and being, and the materials thereof, containing divers, to wit, five hundred other bricks, &c. of the said C. D. of a large value, to wit, &c. unlawfully, riotously, routously, and wantonly, did cast and scatter into and about the said common and public highway there, to the great damage and terror of the said C. D. and his majesty's other liege subjects, in contempt, &c. to the evil, &c. and against the peace, &c. [Fourth count for a riot, omitting the conspiring.] INDEX. ABDUCTION OF WOMEN. as to offence, 817 persons taking away women having property against will, guilty of to constitute offence will suffice if taking or marriage be against if forcible abduction be in one county and marriage in another when how far accessaries are within the statute, 818 Indictment, must state that woman had lands or goods, or that she was heir ap- the place and manner of taking must be stated, 818 must be alleged that it was for lucre, 818 not essential to show intention to marry or defile, 818, 9 Evidence party injured if marriage was by compulsion will be competent wit- Offence of taking away female infants, persons above 14 years of age taking away a woman under 16 years if parent has once assented to marriage he cannot retract, 819 an illegitimate child is within statute, 819 indictment may be supported on general prohibitory clause of statute, 2. Precedents of Indictments, &c. for felony in taking a woman having substance, against her will on 3. ABORTION, ATTEMPTS TO PROCURE, for administering savin to woman quick with child, 797 for administering savin to woman not quick with child, 797 for administering decoction of savin to procure abortion to woman be- at common law for assault and administering, &c. to cause miscar- ACCESSARIES, indictment against, before the fact to murder, felony or burglary, 5 against accessaries for larceny, 961. (See " Larceny.") in murder, 741. 755. (See "Murder.") guilt of, cannot be greater than that of principal, 743 ACTION, to seaman, indictment for perjury with intent to procure, 484 jurisdiction of, 1187 commencement of indictment for offence within admiralty sessions, 3 AFFIDAVIT, to hold to bail. (See "Perjury.") AFFIRMATION. (See "Quaker.") false, of Quaker, perjury, 369 AFFRAY. (See "Assault.") apprehension for, stated, 188 AMBASSADOR. (See "Law of Nations.") for breaking open house of, 58 indictment for disturbing congregation of, 26 ANIMALS. (See "Larceny," "6 Highway," "Nuisance.") Nuisances by, for keeping unruly bull in a field through which there was a public for keeping furious dog unmuzzled near highway, 643 for keeping pack of hounds and placing carrion near the road, where- for keeping hogs near public street, 647 for killing sheep near highway, 647 Killing, wounding and poisoning. 1. Points of Law. offence in general, 1086 founded on Black Act, 1086 felony without clergy "to kill, wound, or maim any cattle," 1086 there must be malice against owner, 1086 will be presumed until contrary appear, 1087 maiming cattle to prevent their trespassing, not within statute, 1087 not necessary that cattle should die, 1087 venue may be in any county, 1087 not necessary to aver that the animals are cattle, 1087 2. Precedents of Indictments, &c. for felony on 9 Geo. I. c. 22. in maliciously killing a gelding, 1086 the like for maiming cows, 1087 the like for maiming gelding in another form, 1087 the like for poisoning horses, 1088 ANIMUS FURANDI, necessary to constitute larceny, 978 APPEAL, indictment for perjury on, 468 APPRENTICE. (See "Exercising Trades.") against master for confining and starving apprentice, 777 for cruel treatment of, 829. 831 for using trades not having served as, 539 APPRENTICE-continued.) for pretending not to be an apprentice and obtaining money for en listing, 1017 ARBITRATORS. (See "Perjury.") indictment for perjury before, 424 ARREST, by justice of party offending in his own view, stated, 187 ARTICLES OF PEACE. (See " Perjury.") indictment for perjury in swearing, 440 ARSON. 1. Preliminary Notes and Points of Law. definition, 1104 there must be an actual burning, 1104 not necessary that the entire building should be on fire, or that any attempt to commit arson is misdemeanor at common law, 1104 it must be wilful and malicious, 1104 need not be malice against any particular individual, 1104 servant negligently setting fire to house liable to forfeiture of 100%. what shall be deemed the subject of arson, 1105 felony without clergy to burn any corn within Cumberland, Northum- any person burning grain in the night time is guilty of felony, 1105 capital offence to fire any house or out-house, hovel, stack of corn, likewise to any mill, 1106 common gaol is within meaning of act, 1106 at common law the house must belong to another person, 1106 capital offence to fire any house, out-house, ware-house, shop, &c. likewise any buildings or engines used in trade, 1106 likewise any ship, or military or naval stores, 1106 Indictment, 1106 venue under Geo. I. c. 22. or 12 Geo. III. c. 24. may be laid in any at common law is generally local, 1107 at common law the terms voluntarily (or wilfully) and maliciously are should be inserted in indictment on 9 Geo. 1. c. 22. 1107 no occasion to call the place a dwelling-house, 1107 sufficient to describe building according to language of act, 1107 name of owner of house must be stated, 1108 if not to be ascertained it may be stated as the house of person un- Evidence, 1108 Punishment, 1108 felony at common law, 1108 felony without clergy by statute, 1108 2. Precedents of Indictment, &c. for setting fire to a dwelling-house, 1109 on 9 Geo. I. c. 22. s. 1. for wilfully burning the house of another, 1109 on 9 Geo. I. c. 22. for setting fire to stack of hay, 1109 on 9 Geo. I. c. 22. for setting fire to place of confinement in a borough, 1110 on 9 Geo. I. c. 22. for feloniously procuring person by promise of mo- |