and if acquitted may afterwards be tried as accessory to the principal and accessory may be arraigned and tried toge- but jury charged to acquit the accessory in case they find See title Accessory. ARTIFICER, enticing of, to leave the kingdom, 624. ARSON, nature of the offence, 417. exclusion from clergy, ib. statutes relating to, ib. with intent to defraud insurers, &c. ib. indictment for, ib. description of the building, 417, 8. ownership, allegation of, 418. where the occupation is merely permissive, 418, 9. in case of a reversioner, 418. when the defendant sets fire to his own house, 419. indictment for, 417. offence against the possession, 418. person setting fire to his own dwelling-house indictable, 417, 419. guilty of arson if he thereby destroy his neighbour's, 419. whether the indictment must charge malice, ib. See Burning. ATTEMPTS, to poison, 636. to burn defendant's house, 637. See tit. Endeavours and Solicitations. indictments for, 624. See Index of Precedents, same title. AUTERFOITS ACQUIT, ground of the plea, 298. exception, ib. the plea must shew, 299. 1. the manner and circumstances of the acquittal, 299. 3. the identity of of the party. 1. the manner and circumstances of the acquittal. nul tiel record, no plea, ib. reason of this, ib. time allowed to produce the record, 300. when prisoner is arraigned in K. B. ib. must be removed by writ, ib. must be recited in the plea, ib. must shew a legitimate acquittal by judgment, 301. an erroneous judgment pleadable, 302. where the indictment is sufficient, ib. doubt which arises where the indictment is itself in- sufficient, ib. doctrine held in Vaux's case, ib. comment on their doctrine, 302, 3. acquittal pleadable though the process be insuffi- 2. the identity of the offence, 304. 1. in point of law, ib. one indicted as principal cannot plead his acquittal in what cases an acquittal on a charge of one offence of murder pleadable to a charge of manslaughter, 305. of manslaughter to a charge of murder, 306. qu. as to the converse, 307, note (e). acquittal as principal no bar to an indictment charg- qu. as to the converse, ib. 2. of the same offence in fact, ib. what variances between the 1st and 2nd indictment in point of time, 308. persons, ib. name, how averred, ib. place, ib. goods taken by robbery in one county carried into whether acquittal of larciny in one county is plead- acquittal of burglary when pleadable to an indict- of homicide in one county, whether pleadable to an variance, when substantial, cannot be reconciled by 3. identity of person, 310. where the addition is different, 311. inquest upon such averment, ib. where the guilt is derivative, the acquittal of the where defendant breaks gaol, he may plead an ac- AUTERFOITS ATTAINT, plea of, ground of, 313. good, though the indictment insufficient, ib. when not allowable, 313, 14. never allowable when a second trial would answer any is not valid after a removal of the attainder, ib. nor after a pardon of the first, ib. reversed attainder not pleadable, 315. requisites of this plea, ib. AUTERFOITS CONVICT, plea of, conviction no bar unless the defendant receive judgment or otherwise if he pray his clergy, though not admitted to it, 312. conviction followed by admission to clergy, how far avail- enactment of stats. 25 E. 3. c. 5. 8 Eliz. c. 4. and 18 Eliz. of 3 H. 7. c. 1. which takes away the plea of auterfoits ac- does not extend to the case where the defendant is convicted auterfoits convict, plea of, pr. 297, p. 707. B. BAIL, personation of, 505. BANK NOTE, making and publishing papers resembling them, 52 G. 3. c. 138., 539. see Forgery-Larciny-Chose in Action-Moveables. BANKRUPT, fraudulent concealment of effects by, 543. BARON of the Exchequer, how described, 522. BASTARD CHILD, murder of, 43 G. 3. c. 58. repeals the stat. 21 J. 1. c. 27. 383. indictinent for murder of, ib. mother concealing the birth may be imprisoned for two BENEFIT, of the stat. prayer of, 708, 9. See Clergy. BILL OF EXCHANGE, See tit. Chose in Action, Forgery. BLACK ACT, 9 G. 1. c. 22. offences under, triable in any county, 13. assault upon officers of the excise and customs, ib. indictment under, form of, 212. mode prescribed by, to compel offenders to appear, 551. indictments upon, 551. See Index to the Precedents, tit. Black Act. BLASPHEMY, indictment for, 114. BLEACHING CROFT, stealing from, 450. stat. 51 G. 3. c. 41., ib. BRASS, stealing of, 453. BREAD, see Provisions. BREAKING, into houses, &c. with intent to destroy goods, 561, 2, 3. BRIDGES, indictment for not repairing, 675. BROKERAGE, illegal, indictment for, 188. excess of sum taken beyond the legal amount not mate- BURGLARY, technical words descriptive of, 72. stat. ousting of clergy, 414. accessories before the fact, ib. after the fact, ib. indictment for, 415. house, how described, ib. situation of, ib. may be committed in a church or chapel, 415. ownership of the goods should be accurately averred, ib. indictment for, ib. BURNING, of dwelling house, 417. See Arson. of cotton mill, 420. of dwelling house, with intent to defraud the insurers, ib. indictment for, ib. stack of hay, ib. place of confinement, 422. C. CAPIAS, issuable by justices of the peace, 258. by a coroner, 259. by justices of the peace in sessions, ib. interval between teste and return of, ib. when awarded into the county where the court sits, ib. to whom directed, ib. when the defendant dwells in another county, by stat. whether justices of the peace are within this statute, ib. may be awarded by justices in eyre, or by the Court of against whom, ib. in what cases more than one capias is necessary, 264. CAPTION of an indictment, what, 220. precedent of, given by Lord Hale, ib. must shew that the court had jurisdiction, 221. title of their authority should be set forth, ib. where the session is holden by virtue of several commis- need not shew how the court was constituted, ib. names of the justices, ib. allegation that they were of the quorum, 223. |