foner actually goes out of the prifon Page 209 f. 3 6 The fheriff's return of a refcous is not a good ground to arraign the rescuer upon, unless he be alfo indicted any difguife or inftruments to facilitate the escape of a prifoner confined for petty larceny or for debt, &c. above 10l. is a misdemeanor Page 211 f. 12 209 f. 418 To affift any prifoner to make his efcape from the conftable carrying him to gaol by virtue of a warrant for treafon or felony (except petty larceny) expreffed in the warrant, or from any ship or vefiel for tranfportation, is felony and transportation for feven years 211, 212 19 All profecution for any of the faid offences must be commenced within one year after the offence committed 212 f. 15 20 By 25 Geo. 2. c. 37. to rescue or attempt to rescue any perfon committed for murder, or any perfon convicted of murder going to or during execution, is felony without benefit of clergy 7 An indictment for refcous muft fpecially fet forth the nature and caufe of the imprifonment and the circumftances of the fact in queition 209 f. 5 8 A refcuer of a prifoner who would not be capitally guilty if he had broken the prifon, may be punished for a high mifprifion 209, 210 9 A franger who knowingly refeues a perfon committed for and guilty of high treafon, is in all cafes guilty of high treafon 210 f. 7 10 Whoever refcues one imprifoned for felony cannot be arraigned for fuch offence as for felony, till the principal offender be first attainted 210 f. 8 II But he may be immediately proceeded against for a mifprifion only ibid. 21 By force to rescue or attempt to rescue, 12 By 16 Geo. z. c. 31. to aflift a prifoner to escape, though no escape be actually made, in cafe fuch prisoner was convicted or attainted of high treafon or any felony, except petty larceny, or lawfully detained for fuch crimes expreffed in the warrant, he fhall be tranfported for feven years 210 f. 9 13 If fuch prifoner was in gaol for petty larceny, or for any debt or damages exceeding 100l. every perfon affifting his escape, fhall be guilty cf a mifde 212 f. 16 after execution, the dead body of any perfon convicted of murder, is tranfportation for feven years 212 f. 17 22 By 11 Geo. 2. c. 26. if five perfons or more fhall tumultuously affemble to refcue any offender againit the 9 Geo. 2. c. 23. for the better apprehending of fmugglers, their aiders, &c, they fhall be guilty of felony and be tranfported feven years 212 f. 18 23 By 9 Geo. 1. c. 22. forcibly to rescue any perfon in lawful cuftody for any of the offences in the black act, is death without clergy 213 24 By 2 Will. & Mary, c. 5. to rescue goods diftrained or impounded, is treble damages, &c. ibid. 25 Peers as well as commoners are liable to an attachment for a rescous ch. 22 f. 33 26 Whether fuch attachment fhall be granted on an affidavit of a refcous where the officer will not return one f. 34 27 The fheriff's return of a refcous, without fhewing the year and the day, is infufficient 33477 28 Procefs of outlawry lies on the re- 3 H 2 27 f. 113 RESI How an appellant might fue out a re-attachment on the demise of the king be-2 fore 1 Edw. 6. c. 7. 241. 426, 427 RETRAXIT.-Vide Appeal, No. 219. 236. RETURN.-Vide Certiorari. Indi&ment. Jurors. Procefs, and Outlarry. REVERSAL.-Attainted. Arrefting Judgments, REVOCATION. Whether a power of revocation may be forfeited by an attainder of treafon or . felony (Vide Forfeiture.) 639 1. 12-543 f. 26 RIGHT.-Vide Forfeiture. 2 notis RIOT. On an indictment for a riot, if a verdict acquit all but two, it is repugnant, unlefs it charge them with having made fuch riot, fimul cum aliis juratoribus igPage 626 S If twenty perfons are indicted for a riot, and any three found guilty, the verdict is good ibid. 3 Where only two are found guilty of a riot, they having been indicted with others, judgment fhall be given against them, even though the others do not come in to trial 626 (N) I Six were indicted for a riot; two of them died before trial; two were 2cquitted; and two only found guilty; and judgment was given against the two found guilty ibid. 4 REWARDS. I By 4 and 5 Will. & Mary, c. 8. a reward of 401. is given to those who shall convict a HIGHWAY ROBBER, together with the arms, money, goods, &c. of fuch robber 122, 123 3 4 By 6 and 7 Will. 3. c. 17. a reward of 401. is given to those who shall convi& CLIPPERS OF THE COIN 123 f. 25 By 15 Geo. 2. c. 28. a reward of 40 1. is given to those who convict coUNTER123. 125 By 10 and 11 Will. 3. c. 23. a certificate exempting from parifh and ward offices fhall be given to those who convict any perfon of privately stealing to the value of 5 s. in any fhop, warehoufe, &c. FEITERS OF THE COIN 124 ; By 5 Ann. c. 31. those who convict any one of BURGLARY OF HOUSEBREAKING in the day time, fhall receive 401. and alfo the certificate given by 10 and 11 Will. 3. 124.27 5 By 9 Geo. 1. c. zz. a reward of 501. is given for any injury received in apprehending any offender against the black act, &c. &c. 124, 125 7 By 8 Geo. 2. c. 16. if fuch offender fhall be apprehended fo as the hundred be be thereby difcharged, the perfon apprehending fhall have 101. Page 125 f. 29 8 By 10 Geo. 2. c. 32. the provifions of 9 Geo. 1. c. 22. are extended to the apprehending of deftroyers of fea banks, cutters of hop-binds, firing collieries, &c. 125. Note in marg. 9 By 14 Geo. 2. c. 6. a reward of 101.6 FROM TRANSPORTATION 125, 126 11 By 19 Geo. 2. c. 34. rewards are given to fuch as fhall be wounded, &c. &c. in apprehending SMUGGLERS 126, 127 12 If two accomplices in SMUGGLING discover and convict two or more of fenders, they fhall receive 501. for every offender 128 501. 13 By 5 Geo. 1. c. 23. a reward of ROBBERY. 9 8 5 from a menace given in another coun- An indictment of robbery in quadam By 5 and 6 Edw. 6. c. 10. thofe who By 23 and 25 Hen. 8. c. 3. &c. &c. 495 By 3 and 4 Phil. & Mary, acceffaries before the fact in robbery are excluded from clergy 495 f. 84 IO ROBBERY IN A DWELLING HOUSE (Vide Clergy, No. 102 to 125. Housebreaking) 497 to 502 II The word robbery always implies fome force (Vide OB. 1787 page) 494 f. 73. 498 1. 92. 500 f. 96 12 Those who apprehend and convict a robber in the highways are intitled to a reward of 40 1. &c. &c. 122, 123 611 f. 2513 If any accomplice out of prison shall difcover and convict two or more highway robbers, he fhall be intitled to a pardon Juftices of affize have jurifdiction in an appeal of robbery by the commiffion of gaol-delivery implicitly given to them by the ftatute de finibus 39 f. 9 2 If a robbery be committed in one county, and the goods carried into another, the offender may be indicted of the robbery in the first county, and of larceny in the fecond county 247 f. 47 3 If one man carry another into a different county, and there rob him, the appeal must be in the county where the robbery was committed ibid. 4 Quere, if goods be taken in one county 539 f. 3 14 The manner in which robbers may be apprehended upon hue and cry (Vide Hue and Cry) 116 to 118 the benefit of clergy Page 475.476.479 3 By 23 Hen. 8. c. 1. 25 Hen. 8. c. 3. and 3 and 4 Will. & Mary, c. 9. robbing any church, chapel, or other holy place, is excluded from clergy 2 494 1.72 4 But no facrilege is within thefe ftatutes which is not accompanied with an actual breaking 494 f. 73 5 By 1 Edw, 6. c. 12. all perions are oufted of clergy for felonious taking goods out of any parish church, or other church or chapel 407743 6 But acceffaries to fuch a robbery are not excluded by any ftatute; fed quere, if acceffaries to facrilege are not excluded by the common law 497 f, 75, 76 1 The privilege of fan&tuary was a de- 2 By 21 Jac. 1. c. 28. no plea of fanc- 5 The authority which was neceffary for 6 To what matters the privilege of fanc tuary extended 472 f. 4 7 At what time and in what manner this privilege was pleaded 4 SCIRE FACIAS. Where two nihils are returned upon two writs of fire facias awarded against a profecutor in a caufe removed by certiorari, and the prifocer hath been long confined, the king's bench will admit to bail Page 175 Scire facias is the proper proceis after the removal of a caufe by certiorari 4236.88 A perfon pardoned on an appeal by the party mult fue out a feire facias to the appellant before it fhall be allowed, unless he appear gratis 554135 If the fheriff return two nihils to fuch feire facias, the appellee fhall be dif charged 554 6.35 5 If the appeal be of death, and the theriff return that the appellant is dead; quere, if a feire facias should not iffue to the heir ibid. 6 7 A feire facias need not go to the lords intitled to the efcheat, becaule the pardon no way reverfes the attainder 554 1 37 One appellee cannot take advantage of the appellant's default on a feire facias by another appellee 5549555 8 An attainder of felony of a perion who hath lends, fhall never be reversed by writ of error, without feire facias against all the tenants and lords, mediate and immediate 655 9 But fuch feire facias is not neceffary in high treaton 655 SCOLD. 1 Common Scolds may be indicted at the 2 An ind &ment against a common fold is good without fetting out the particulars 323 It need not conclude ad nocumentum omnium, diverforum is fufficient ibid. SCOT. 472, 473 A Scotchman was not confidered as an 1 By fat. Weft. the fheriff fhall take no inquest but by a jury oftwelve men, who fhall put their feals thereto 108 f. 64 2 This act relates to fuch inquifitions only as are a foundation for imprisonment, and not to inquifitions for offences where the party cannot be apprehended 108 (N) 7 3 if the jury confift of more than twelve, it is fufficient if twelve put their feals 108 f. 65 4 Every return to a certiorari mult be under feal 419 f. 70 SEARCH WARRANT.-Warrant. SECRETARY of STATE. A fecretary of state is not a magistrate within the protection of 7 Jac. I. c. 5. A feffion is an affembly of two or more jultices of the peace, one whereof must be of the quorum, at a certain day and place appointed, in order to inquire, bear, and determine, in purfuance of their commiflion, of any caufes or matters therein contained 65 f. 48 2 By 2 Hen. 5. c. 4. juftices hall make their feffions four times by the year, and oftener if need be 47 f. 18 3 By 14 Hen. 6. c. 4. the juftices of Middlefex fhall hold the court of feffion two times in the year, or more often if 3 H 4 need |