be made against the form of the above 5 Juftices of affize, being laymen, may commiffions to enquire of fheriffs, efcheaters, bailiffs of franchises, and their minifters, &c. Page 41 17 By 23 Hen. 6. c. 10. they are autho- 18 By 1 Hen. 8. c. 7. justices of affize over this offence is by virtue of the king's commiffion; but they have cog-19 nizance of it without, as juftices of gaol-delivery f. 7 8 By 28 Edw. 1. c. 10. juftices of affize may award procefs into any foreign county against perfons appealed by ap provers, and proceed against them f. 820 9 How juftices of affize may be faid to poffefs all the authority of justices of gaol-delivery 39, 40 10 By 28 Edw. 1. c. 10. judges of aflize, upon plaint, may award inquefts, and do right against confpirators, falfe informers, and evil procurers of dozens, affizes, juries and inquests f. 10 11 By 4 Edw. 3. c. 11. whenever they f. 12 By 14 Hen. 6. c. 1. juftices before whom inquefts and juries fhall be taken by nifi prius, fhall have power in all cafes of treafon and felony to give judgment of acquittal or attainder, and to award execution f. 17 On nonfuit in appeal the juftices cannot arraign the appellee at the tuit of the king f. 18 21 But on the acquittal of the appellee, fuch juftices have power to enquire of the abettors, &c. &c. 41, 42 22 By 8 Rich. 2. c. 2. no man fhall be juftice of affizes, or of the common deliverance of gaols, in his own county f. 19 23 By 33 Hen. 8. c. 24. no man shall be juftice of aflize in the county where he was born or doth inhabit, on pain of 100%; but this fhall not extend to the inferior officers f. 20 24 By 12 Geo. 2. c. 27. this penalty and reftriction, as to the offices of justices of oyer and terminer and gaol-delivery, are repealed f. 21 25 By 19 Geo. 3. c. 74. the lodgings of the juftices upon the circuits fhall be construed to be both within the city, town, &c. and within the county of fuch city, town, &c. 1. 22 13 But if the negligence, &c. does not appear wilful, the courts will leave the party to the ordinary remedy ibid. 14 The mode of obtaining that remedy ibid. 15 The court will grant an attachment against heriff or bailiff, &c. for an opprefive practice in executing a writ 216 16 Inftances in which the court will grant attachment upon this ground ibid. 17 So also an attachment may be moved for against a fheriff or bailiff, &c. for not executing a writ effectually ibid. 6. 4 18 As if he levies the money and keep it 1 An attachment is a procefs from a court of record, awarded by the difcretion of the juftices upon a bare fuggeftion, or their own knowledge 213 ch. 22 It is properly grantable in cafes of contempts, against which all courts of record, but more especially thofe of Weltmintier Hall, and above all the court of king's bench, may proceed in a fummary manner ibid. f. 3 The contempt being established by affidavit, the court will make a rule for him to fhew caufe why an attach-20 The court may grant attachment ment fhould not iffue; or if the offence against a fheriff, &c. for making a falfe be exorbitant and apparent, the court will grant the writ in the first inftance 21 in court in his own hands and embezzle it ibid. 19 By what process the sheriff fhall be forced to return the writ, and pay the money, &c, return to a writ ibid. 217 As where he returns languidus when 214 the defendant is in health roner ibid. 4 Every one against whom an attach-22 In what cafes an attachment against ment is granted muft appear perfonally the sheriff fhall be directed to the coibid. 5 And on appearance, if the party be evidently guilty, the court will gene rally commit him immediately to anfwer interrogatories 214 2151.2 23 If the coroner make no return of fuck attachment, the court will grant an attachment in the first inftance against the coroner, directed to elifors 217 28 Or for refufing to deliver up their 33 In what cafes an attachment may be 34 In what cafes inferior judges are, 1. 269 f. 25 38 Quere if counsellors are fubject to an 40 Peers, whether fpiritual or temporal, ATTAINDER. bailed by the king's bench in fpecial If an attainted perfon ftand mute upon In what cafes it fhall be tried whether f. 4 1 A reverfal of the attainder of the f. 31 principal, ipfo facto reverses the attainder of the accefiary 654 12 A writ of error to reverse an attainder of treafon or felony may be brought by the executor and heir only ibid. 1.10 13 Before the allowance of the writ the errors must be affigned, and the leave of the court obtained ibid. L. it 14 There must be an exprefs warrant for it from the attorney-general 655 15 In what cafes a feire facias is nece fary ibid. f.13 16 An attainder by the common law of as much validity as by ftatute ibid.f.14 17 The 28 Eliz. c. 2. that no attainder of high treafon fhall be reversed by writ of error, does not extend to attain1.40 ders fince that time ibid. f. 15 18 A writ of error lies in the king's Y y 3 Perfons attainted of felony or other heinous crime shall not be bailed 153 2 But even attainted perfons may be bench bench on an attainder before the lord high fteward Page 516.655 19 The confequences of an attainder refpealing the forfeiture of goods and chattels, and land (uide Forfeiture) ATTAINT.-Vide Jurors. 15 Whoever without being admitted and enrolled fhall practife as an attorney, or being fo admitted fhall lend bis name, fhall forfeit 501. &c. Page 218 16 In what cafes attornies may be proceeded against by attachment 217 f. 6 to 219 f. 12 TBy 5 Geo, 2, c. 18. no attorney shall be capable of being a juftice of the peace 1 47 1. 20 2 By 22 Geo. 2. c. 46. no person, unless he be regularly admitted an attorney, 2 hall practife at the quarter feffions on pain of 501, 66 f. 54 3 And if any attorney fhall fuffer another 3 to ufe his name he fhall incur the like penalty f. 55 No clerk of the peace or his deputy, or any under-fheriff or his deputy, fhall act as attorney at the quarter feffions on like penalty 67 f. 56 5A fworn attorney may be discharged from the office of conftable by writ of privilege 99 f. 392 6 In mildemeanors the defendant after plea was always permitted by the court to appear by attorney 388 7 And in fome cafes before plea pleaded ibid. ATTORNEY-GENERAL. The king's attorney excepted out of 2 Hen. 5. c. 4. concerning juftices of the 3 8 But where the perfonal appearance of 4 the defendant is required, an attorney cannot appear without a fpecial writ for the purpose ibid. 9 By 18 Eliz. c. 5. a qui tam informer fhall exhibit his fuit in proper perfon, and purfue it by himself or his attorney 6. 54 10 An infant cannot be an attorney, because he cannot be sworn ibid. 11 By 29 Eliz. c. 5, defendants to a qui tam profecution may appear by attorney with the leave of the court 55 12 In appeal of mayhem the plaintiff can not appear by attorney where a view is granted f. 239 13 In what cafes the parties in an appeal may appear by attorney 14 A defendant against whom an attachment is granted muft appear in proper perion, and not by attorney 213, 214 257 2 3 A perfon attainted at the fuit of the 5 Where an appellee of larceny hath a 6 5 If a man be named yeoman in the record, and gentleman in the indictment; or if the acquittal be for murder or robbery cujufdam ignoti, and the indictment infert the name; or if the indictment fate a different furname than that on which the prifoner was acquitted; yet the variance may be cured by averting, that the perfon fo differently named was one and the fame perfon; that he was known as well by the one name as the other Page 525 1.3 So alfo a variance respecting the time and place may be helped by averring that they were one and the fame felony ibid. If the fift indictment be in an improper county, the prifoner cannot plead an acquittal upon it, in bar to a fubfequent profecution, in the proper county 526 And if the acquittal be in the proper county, his life is not endangered by the fubfequent profecution in an improper county, and fo cannot be pleadibid. An acquittal for larceny in the county. where the goods are found may be pleaded in bar to a profecution for the fame offence in the county where they were taken 1. 4 10 And a jury of one county may try, whether an offence laid in their own county be the fame offence that was done in another 526,527 11 An acquittal in trespass cannot be ch. 35 pleaded against an appeal of larceny for the fame goods, for they are diftinct offences bid. 7 A principal attainted cannot plead it againft a prosecution on his conviction, on which the trial of acceffaries depend 7 533, 534 8 Judgment of fort et dure in one felony is no bar to a profecution for another felony. Sed quære for the fame felony f.78 9 Autrefois attaint no plea for one who breaks the prifon of the ordinary f. 8 10 An attainder on an indictment for murder is no bar to an appeal by trea fon 3 Her. 7. c. I. 11 In all other cafes autrefois attaint is ftill of the fame force as it was at common law 1.99 ibid. AUTREFOITS ACQUIT. This plea is grounded on the maxim "that a man's life fhall not be in danger more than once for the fame offence" 523 ed in bar 5271.5 12 And generally a bar in an action of an inferior nature will not bar another of a superior 2 Therefore, where an indictment or ap- 524 f. 1 ibid. An acquittal in murder is a good bar to an indictment for petit treafon, for fubftantially they are the fame offence ibid. 3 This bar need not be pleaded with a profert, &c. of the record of acquit-14 Burglary and ftealing the goods of A. tal; it ought to come before the court and B. and acquittal on an indictment by writ; and the prifoner fhall have a for the burglary and ftealing the goods day given him to bring it in 525 of B. will not bar a fubfequent pro4 A variance between the indictment and fecution for ftealing the goods of A. the record, provided the nature of the but it may be well pleaded against a crime charged be fubftantially the fame, fecond indictment for the burglary may be helped by proper averments 6.31 Yy4 ibid. 15 No |