ACCORD and SATISFACTION. An appeal of mayhem may be barred either by arbitrament, or an accord with fatisfaction executed Page 237 6.24 ACCUSATION. 1 When a perfon is brought before a juftice ACTIO N. An appeal is a perfonal action, and dies with the person 244.247 ACTION POPULAR.-Vide Information. ACQUITTAL.-Vide Autrefois Acquit. 4 name 13 But of the degree of nobility the title ought to fupply the place of the furPage 270 f. 104 But by 1 Edw. 6. c. 7. if any plaintiff, pending any action, fhall be made noble, or a bishop, knight, juftice, or ferjeant, the suit shall not abate for want of the proper addition ibid. 5 The dignity of a baronet is not within this ftatute ibid. By 1 Hen. 5. c. 5. in every original writ of actions perfonal appeals and indictments, in which the exigent fhall be awarded, additions fhall be made to the names of the defendants, of their estate, or degree, or mystery, and of their terms, places, and counties, or otherwife all outlawry thereon fhall be void, and the process abated 270,271 7 Where there are feveral defendants it is fafest to apply the additions to each of their names f. 106 8 Where a father has the fame name and addition with a defendant fon, the word puifne must be added to the other ad ditions ibid. 9 But where a father is defendant there is no need of the fur-addition eigne ibid. 10 Nor is puifne a neceffary addition to a fon in cuftodia mareschalli, unless the father be so likewise ibid. 1 How far an acquittal on a qui tam ac-11 2 What is such an acquittal as will en In the addition OF THE ESTATE OR DEGREE, that which the defendant hath at the time of the writ must be fhewn f. 107 12 But in the addition of place "late of fuch a place," is fufficient ibid. 13 If the antecedent to which the addition of degree, &c. refers is not the defendant, it is infufficient f. 108 3 By 3 Hen. 7. c. 1. if either principal or acceffary be acquitted on any indictment of murder, the court may remit him to prifon, or bail him at their dif-14 An Irish bishop may be defcribed by cretion, till the year and day is paffed ADDITIONS. his Irish bishoprick 109 15115 But a defcription of temporal dignity in Ireland, or any other nation befides our own, is infufficient, because no fuch dignity can be higher here than the title efquire 272 16 The degree of ferjeant at law is a good f. 110 addition By the common law no addition in an appeal was neceffary except the chrif tian and furname, unless the party was knighted or of higher degree 270 f. 104 2 In which cafe the title was to be added verfity be fo to the names ibid. 18 A doctor in divinity may 17 But quære if a degree in either uni Page 272 1.110 addition of clerk 19 The general rule is, that the most different name to the town, the hamlet fhould be named Page 122 worthy addition fhall be used ibid. 38 If a defendant live in a place known 20 Yeoman and labourer are good addi tions for a man to a man or woman by a special name, out of any town of hamlet, he may be well named of that place 123 39 The habitation of the wife is implied in the addition of the hufband 275 How a DEFECTIVE ADDITION MAY f. 125 40 41 42 21 So widow, fingle woman, wife, fpinf 29 f. 117 BE CURED If the defendant appear and plead, he cannot afterwards take advantage of the defect of the addition £ 125 And quere, if the bare appearance does not cure this defect ibid. 43 It feems from the cafe of Reve v. It is a fatal fault to apply fuch addition to the name which comes under the alias dictus only, and not to the first name ibid. 46 But it is not material, whether any name be put to the alias di&us or not ibid. How the PLACE fhall be added to 47 But to omit the addition to the firft the name f. 118 How far thefe words are neceffary in ibid. charging an abettor 264 34 So if a man be named of a parish which contains more towns, the town muit be fhewn 35 But it shall be intended to contain only one town, unlefs the contrary be fhewn ibid. 36 If there be two towns in a county of the fame principal name, but differently diftinguifbed, and the addition be only of the principal, the defendant ma plead there are two towns of tha 3 The words adtunc et ibidem, in the fablequent claufes of an indictment, are of the fame effect as if the year azd day, mentioned in the former part of it, had been expressly repealed 335 without adjournment is a determination of the commision, if its continuance be indefinite 2 As where pro bac vice; but where 2 Page 22 1.7 quamdiu nobis placuerit it does not neceffarily require any adjournment ibid. & 24 . 143 3 An adjournment without the authority of the majority of the commiffioners is void 22 f. 5 4 In what form fuch adjournment fhal. be made In what cafes clergy may be demanded 24 f. 15 after an adjournment 6 An indiament taken at an adjourned 504 f. 111 feffions muft thew when the original feffions begun 362 (N) 22 the addition to the name which comes under the alias di&us only, and not But it is not material whether any adto the first name Page 328 dition be put to the name which comes under the alias di&us or not ibid. How far a capias is neceflary in outlawry where the defendant is named of another county under the alias diētus I The 8 Hen. 6. c. 12. is the principal ADVICE.-Accefary N° 53 to 64.2 Appeals are excepted out of this fta AFFEERMENT.Amerciament. tute ibid. 3 No criminal profecution whatsoever is The manner in which an fhall be affeered amercement 30.81. 5 No writ or bill of appeal is amendable ibid. A mifprifion of the count, either in ap- ibid. A MERCEMENT. The gaoler or township shall be amerced ner 2 In what cafes the fheriff in his torn 3 4 2204 3 94 f. 20 to 97. f. 33. 5 How jurors fhall be amerced for nonappearance 6 If a judge amerces a clergyman accord ing to his fpiritual benefice, or if the tenants of a manor affefs an amerce-5 ment without any affeerment, they are punishable by attachment. 225, 226 7 An infant can in no cafe be amerced 6 293 8 In what cafes perfons shall be amerced for a falfe appeal 292, 293 9 If death happen in confequence of a bridge being out of repair, the townfhip thall be amerced 7 79 8 Jo In what cafes, coroners fhall be amerced for extortion AMICUS CURIE. 80 APPEAL.-Indi&ment. Coroner. Appeals are either by an innocent per- An appeal by an innocent perfon is the ly The writ is original out of chancery, An appeal may be fued by bill in the f. 4. If the appellee be arraigned and tried the fame term, the bill need not be filed ibid. If he appear upon a void, or a voidable writ, he may be committed and proibid. ceeded against by bill 9 A bill of appeal may be commenced before juftices in eyre 2336.5 10 Or before juflices fpecially affigned f. 6 11 How a party may avail himself of a pardon who is in cuftody upon an eftreated amercement 562 11 Juftices of gaol-delivery may receive a bill of appeal against a prifoner in the gaol they are commiffioned to deliver, or whom they have bailed, not mainprized 1.7 12 So if part of the accomplices only be in the gaol, they may try them on the bill, and afterwards remove it into the king's bench to proceed against the others ibid. 17 By I Hen. 4. c. 14. appeals of things by a plea of accord and fatisfaction Page 236 f. 24 1.25 37 A general release may be pleaded in bar to maim 38 A nonfuit in an appeal of mayhem may be pleaded in bar to another fuit 39 But it cannot be pleaded in bar to an for the fame offence 238 action for the battery which accom40 And the defendant must have appeared, panied the maim f. 26 or the nonfuit will be no bar to the maim itself ibid. An appeal of maim may be tried by the view f. 27 18 Therefore the wife or heir may appeal Page 234 f. 11 before them for death in a foreign realm by the king's fubjects f. 12 19 But as they proceed by the civil law, their fentence cannot corrupt the blood ibid. 20 If a man die in England of a wound received abroad, he may by force of 1 Hen. 4. be appealed before the conftable and marshal 21 And now by 2 Geo. 2. c. 21. it may be f. 13 tried by the common law 22 But by faid 1 Hen. 4. no appeals 235 42 fhall be pursued in parliament 235 1.14 23 Appeals are either capital or not capital ibid. 41 43 And if doubtful they may impannel But the court cannot proceed upon able phyficians to inform them ibid. view except the defendant pray it ibid. 24 But appeals de pace, de plagis, de im- 44 And even then they may try it by prifonamento, and mayhem are now be- jury, and order the jurors to take the f. 15 view ibid. come obfolete ibid. 46 The defendant may wage battle in 26 The word mayhemiavit effential in every appeal of mayhem f. 28 236 47 Capital APPEALS are either or 27 And the offence must be laid to be done felonicè 239 236 f. 1848 Appeals of treafon are taken away 28 The party hurt may proceed against. f. 20 1.29 29 But mayhem and battery cannot be 49 APPEALS of FELONY are either of tery 31 But a recovery in trefpafs may be pleaded in bar to the appeal, unlets the maim has been occafioned by reafon of the wound fubfequent to the action 53 But he must profecute by guardian, ibid 1.23 33 A maim laid in one place may be juftified in another and is bound by his laches ibid. 32 Son affault demefne a good bar to ap-54 But the guardian fhall not perfevere 34 Defence of possessions is no juftification in maim 35 And the fon assault and juftification muft be fpecially pleaded 36 An appeal of mayhem may be barred a |