STATUTES-continued. Obstructing execution of, 227 Effect of passing act during the accrual of a settlement by hiring and service, 788 Or during renting a tenement, 824 Incorporating provisions of, by reference; see REFERENCE STEALING IN A DWELLING HOUSE, 267; see LARCENY STOCK IN TRADE, Rating, 690 STOCKS, A prison, 364 STOLEN GOODS, Describing ownership of, when re-stolen, 216, 257 STRAW AND STUBBLE, 253 STYLE OF SESSIONS; see CAPTION SUBPOENA DUCES TECUM AND AD TESTIFICANDUM; see WITNESS Form of subpoena to give evidence before grand jury at sessions, 147 Form of subpoena duces tecum, 148 Subpoena to produce official documents, id. Time for serving, 147. May subpoena a witness not bound over by recognizance to attend before grand What it binds a witness in a criminal case to do, 545 Copy called subpæna ticket to be served personally, 148 SUBSTANCE, 219 SUCCESSION OF ACTS, Proving, in indictments for keeping gaming house, &c. 217 SUICIDE, 295 SUITORS OF THE COURT; see PROSECUTOR, Defendant, WITNESS Right of, to plead in his own defence; see PLEADER SUMMER HOUSE, 271 SUMMONING SESSIONS, 68 SUNDAY, Service of notice of appeal on, 740 Indictment for open profanation of, by keeping shop, 389 SUPERSEDEAS, Of order of removal, 730 Of justices' precept for holding general session, 63 SUPPLICAVIT, To compel justice to take surety of peace, 602 SUPREMACY, OATH OF; see QUALIFICATION OF JUSTICE Form of Oath, 87 SURETY OF PEACE; see ARTICLES OF THE PEACE SURNAME; see NAME, INDICTMENT SURPLUSAGE, In indictment may be rejected, if it is merely superfluous averment, 195, 198, 218 In conviction, 902 SURREY, Time of holding general annual licensing meeting in, 28 SWANS, 239 SWINDLING, 240, et seq. TABLE OF FEES; see FEES TAKING; see LARCENY TALES, Not to be prayed even if panel exhausted, 491 But semble attorney-general's warrant for, would still have effect, 491 TAXES, PAROCHIAL, Settlement by paying; see SETTLEMENT OF POOR Taxing attornies bills by clerk of Peace; see CLERK OF PEACE TENANCY, Evidence of, where agreement in writing, &c., 815 When justices may give the landlord possession, 379 Larceny by, in furnished houses; see LODGERS Describing in indictment, 246 TENDER OF AMENDS; see JUSTICES TENEMENT; see SETTLEMEnt by RentING Licensing by quarter sessions, 1046 THEN THERE, 195, 196 THERE SITUATE, In indictment for burning, 502 Or for housebreaking, 262; see LOCAL DESCRIPTION, VENUE THOROUGHFARE, 396 THROUGH, 401 TICKET OF LEAVE; see TRANSPORTATION TIME. As hour, &c. laid in indictment, how proved, 501 General points, 842; see LIMITATION When offence was committed, how stated in indictment, 207 TIME-continued. Error in indictment in averment of, may occasion demurrer, 207 Materiality of, as developed in examination before order of removal, is for TITHES, Rating, 687 Rating rent-charge or composition substituted for, id. TITLE-DEED, Stealing, concealing or destroying not triable at sessions, 158 TO, TOWARDS AND UNTO, 401 TOLL, Right to exemption from, not triable on indictment, 434 TOMB &c., Stealing metal rails, &c. from, 273 TOWN OR TOWNSHIP; see PARISH, OVERSEERS Churchwardens of township within a parish, are not overseers of parish, R. v. Appointing overseers for, 668 Repairing bridge, 412 TRANSPORTATION, Original power of, was vested in the quarter sessions only, 580 Voluntary, by convict, 994 Entry of judgment of, 580 Tickets of leave restricted, 587 TRAVELLER, Commercial, 285; see EMBEZZLEMENT TRAVERSE; see POSTPONEMENT OF TRIAL Not allowed in felony, 473 Law of, before 60 G. III. c. 4, 155, 461 Provisions of 60 G. III. c. 4, relating to, id. Removing from county of city or town, 462, 163 Court may grant time to plead, 462 Who are now deprived of right to, 463 Who may still traverse, id. Party entitled to traverse if bill for felony ignored, and bill for misdemeanour So if indicted for different misdemeanour from that for which he was held to Traverse of cross indictments for assault, id. Proceedings on traverse, 464 Form of recognizance to try a traverse, id. Notice to prosecutor by defendant of trying traverse, and its requisites, 464 Form of notice by defendant to prosecutor of trial of traverse, id. Form of affidavit of service of notice of trial of traverse, 465 Proceedings after notice when prosecutor does not appear, 466 Proceedings when prosecutor of traverse is not found or served with notice of Proceedings after prosecutor not found or served with notice of trial where only Postponement of trial where some defendants do and some do not traverse 472 Power of court to postpone trial of, though due notice of trial has been given, TRAVERSE-continued. Like power to postpone preferring a bill, 467 Fees on, due to clerk of peace, 590; but see act 7 & 8 Vict., Addenda TREES, SHRUBS, UNDERWOOD, STEALING, CUTTING, OR DAMAGING, Not indictable at common law, 273 Stealing, or damaging with intent to steal trees, &c. to 1s. value, Trees, &c. in certain situations to value of 17. or 57. when felony, 274 Having in possession and not accounting for, how punished, 275 Third offence is felony, 275 Form of indictment for stealing trees exceeding 11. in value from park, plea- For cutting trees and doing damage there, exceeding 11. with intent to steal, id. For damaging trees to value above 51. not in privileged places, id. Form of indictment for stealing plants, fruits &c. growing in a garden, after Form of convictions for offences relating to, On 7 & 8 G. IV. c. 29, s. 38, for stealing trees of the value of 18., 930 For second offence under same section, 931 TRESPASSES; see POISONED FOOD, Every felony or misdemeanour includes a trespass merged therein, 236, 321 Distinguishing from larceny, 247, and see LETTER Within jurisdiction of sessions, under commission of peace, 79, 156, 157 Of offences in counties of cities or towns, 163; see COUNTIES Practice of trying felonies before misdemeanours, 473 Of indictments, Notice of, by defendant to prosecutor, of traverse, or where prosecutor of Postponing; see POSTPONING TRIAL, TRAVERSE Arraignment, 473, (see that title) Prisoner's holding up hand in felony, 474 Returning money, &c. taken from prisoner, id. Reading indictment, id. Insanity of prisoner at time of arraignment, 475 Quashing indictment before plea, 477 Asking the prisoner if guilty or not, and his plea, 478 Remarks on the practice of persuading prisoners not to persist in pleading Consequence of refusal to plead, standing mute, deaf, &c. 479 Effect of plea of not guilty in felonies, and proceedings, 481 Striking irons from prisoner, 482 In misdemeanour defendant (who has pleaded) need not be present, id.; see Calling the jury, 482 Time of informing prisoner of right to challenge, id. Challenges, swearing the jury, proclamation in case of felony, charging the Place of trial for prisoner charged with felony is the dock, 494 Opening speech for prosecution, id. Duty of counsel in making, 495 Particularly in opening declarations or confessions by prisoner, 496, 497 TRIAL-continued. Swearing and examining witnesses, 498 Discharging jury in this stage, if indictment bad, 499; see 568 Parts of charge requiring proof, as intent, time, place, &c. 500, et seq.; see Where two things charged, proof of one will suffice, when, 502; see Affirmative to be proved by prosecutor, 502 Degree (or quantity) of proof required to sustain charge, 503, e. g. evidence Kind of proof required, 505 Of confining evidence to a single felony, 511 Necessity of producing the best evidence which appears to exist, 515 Documentary evidence; see EVIDENCE Competency of witnesses; see WITNESS Calling and examining witnesses; see WITNESS Direction to witnesses to withdraw, and consequence of their disobeying the order; see WITNESS Defence: address of prisoner or his counsel; see DEFENCE Several counsel for several prisoners jointly indicted, each may address jury, Evidence in answer to the charge; see EVIDENCE As to discrediting witnesses; see WITNESS Evidence of character; see EVIDENCE Evidence of prosecutor in reply to evidence for accused, e. g. proof of his Right of defendant's counsel to address jury on evidence adduced in answer Discharging jury on illness of prisoner or juror, absence of prisoner's witness, &c. 568; see PETTY JURY Withdrawing a juror, 569 Deliberation, retirement, and separation of the jury, 570 Jury may take with them papers which have been in evidence, 571 When part of a charge of felony or misdemeanour may be found, id. Proceedings at delivery of verdict, recording, reconsidering, &c., id., 575 New trial never granted after acquittal, 576 Address in extenuation, id. Adjournment of judgment, id. Passing sentence, 579 Discretion in awarding punishments, 580, 585, 586 Punishment of felonies by transportation, imprisonment, solitary confine- Of felonies for which no punishment specially enacted, 580 Of malicious injuries to property, 581 Of higher offences, or offences subjected to imprisonment by new acts, Of misdemeanours, and when by hard labour, 581 Imprisoning party already in prison on previous sentence, 585 |