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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
of peace upon an accufation of treafon
or felony, he must be either bailed or
committed, unless no crime appear, or
the fufpicion be groundless
140
2 An indictment is an accufation at the
fuit of the king
299
3 The number of accufers neceffary to
high treason
363 to 367

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
tion or information may be pleaded in
bar to another fuit
392, 393

2 What is such an acquittal as will en
title the appellee to his damages 287 to
289

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

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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

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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
ter, are good additions for women ibid.
22 But burgefs, citizen, fervant, are too
general, and not good additions either
f. 112
23 How the MYSTERY of the defendant
fhall be added to his name
6. 113
24 Mystery includes all lawful arts, trades
or occupations; and a defendant, under
the degree of gentleman, having divers,
may be named by any of them f. 113
25 Good additions of this kind enumer-
rated
272, 273
26 Maintainer, extortioner, vagabond,
and fuch like, are infufficient 273 .115
27 The additions of farmer, inftead of 45
husbandman, or chamberlain, butler,
groom, &c. feem infufficient f. 115, 116
28 But hoftler is a good addition for one
who keeps an inn, &c. though he may
be fued, &c. by the addition of la-
bourer

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.
Trundal, that it will not
ibid.
44 The ftatute 1 Hen. 5. c..5. concern-
ing additions extends as well to in-
dictments as appeals
328 1.70

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

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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

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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

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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

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I The 8 Hen. 6. c. 12. is the principal
ftatute of amendment
277 6. 129

ADVICE.-Accefary N° 53 to 64.2 Appeals are excepted out of this fta

AFFEERMENT.Amerciament.

tute

ibid.

3 No criminal profecution whatsoever is
within this or any other of the fla-
tutes of amendment
ibid. & 347
94. 194 Therefore no defects in appeals are
amendable except by the common law
ibid.

The manner in which an fhall be affeered

amercement

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5

No writ or bill of appeal is amendable
for falfe Latin, omiflion of a word or
letter, or other defect or variance from
the proper legal form where the king
is a party
But quære if fuch defects arife from the
278
negligence of the curfiter or other of-
ficer

ibid.

A mifprifion of the count, either in ap-
peal or other action before it is entered
on the record
A mistake in laying the fact in an
ibid.
improper vifne has been amended ibid.
And after the count is entered, a vari-
ance in it from the writ, if a mere mif-
prifion, may be amended by it

ibid.
10 In what cafes criminal proceedings
may be amended by common law 347

A MERCEMENT.

The gaoler or township shall be amerced
for fuffering a dead body in prifon to be
interred, or to putrify before the coro-
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ner

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2 In what cafes the fheriff in his torn
ought to award an amercement 93
f. 17
In what manner fuch amercement is to 2
be awarded and affeered
93, 94
How fuch amercements are to be re
covered

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-
fon, or by an approver Page 232

An appeal by an innocent perfon is the
party's private action, for the crown in
ibid.
refpect of the publick offence
An appeal may be brought either by
wit or by bill
ibid.

ly

The writ is original out of chancery,
and returnable in the king's bench on-
f. 2
The bill must contain greater certainty
than the writ, and is in liea of both
writ and declaration
1. 3

An appeal may be fued by bill in the
king's bench against any one in cuftodia
marefchalli

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.

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17 By I Hen. 4. c. 14. appeals of things
done out of the realm may be tried be-
fore the conftable and marshal

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
25 An appeal of mayhem cannot be main-45 Therefore the plaintiff must personally
tained unless the injury is done with an
evil intention, but the offender is liable
appear; and if decided on view, it is
in damages
peremptory
239

ibid. 46 The defendant may wage battle in
appeal of maim

26 The word mayhemiavit effential in every appeal of mayhem

f. 28

236 47 Capital APPEALS are either or
TREASON OR FELONY

27 And the offence must be laid to be done felonicè

239

236 f. 1848 Appeals of treafon are taken away
from the common law courts of the
realm; they may be brought before the
constable and marshall

28 The party hurt may proceed against.
abettors either as principals or as ac-
ceffaries
f. 19

f. 20

1.29

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29 But mayhem and battery cannot be 49 APPEALS of FELONY are either of
joined in the fame writ
30 Nor can an appeal of mayhem be 50 WHO MAY BRING APPEAL.
death, larceny, rape, or arfon
pleaded in bar to trefpafs for the bat-1 Infancy, age, or imbecillity, is no ob-

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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
peal of mayhem
in an appeal against the inclination of
his ward
ibid.
ibid. 55 By Magna Charta a woman cannot
appeal any one for death, except that
ibid. of her husband.-But the may profecute
any other appeal
ibid. 56 An ideot, a perfon deaf and dumb,
one attainted of felony, an outlaw,

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

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