INDEX. ABDUCTION OF WOMEN. as to offence, 579 persons taking away women having property against will guilty to constitute offence will suffice if taking or marriage be against if forcible abduction be in one county and marriage in another how far accessaries are within the statute, 579 Indictment must state that woman had lands or goods, or that she was heir the place and manner of taking must be stated, 580 must be alleged that it was for lucre, 580 not essential to show intention to marry or defile, 580 Evidence party injured if marriage was by compulsion will be competent Offence of taking away female infants. persons above 14 years of age taking away a woman under 16 if parent has once assented to marriage he cannot retract, 580 indictment may be supported on general prohibitory clause of sta- 2. Precedents of Indictments, &c. for felony in taking a woman having substance against her will ABORTION, ATTEMPTS TO PROCURE. for administering savin to woman quick with child, 556 for administering savin to woman not quick with child, 556 for administering decoction of savin to procure abortion to woman at common law for assault and administering, &c. to cause miscar- VOL. II. 6 F ACCESSARIES indictment against, before the fact to murder, felony or burg- lary, 6 indictment against, for harbouring principal felon, 6 against accessaries for larceny, (see "Larceny.") 725 guilt of, cannot be greater than that of principal, 496 ACTION penal, indictment for compounding, 109 ADMINISTRATION to seaman, indictment for perjury with intent to procure, 271 jurisdiction of, 891 39 66 commencement of indictment for offence within admiralty ses- AFFIDAVIT to hold to bail, (see "Perjury.") AMBASSADOR, (see "Law of Nations.") indictment for libel on, 32 ANIMALS. (see "Larceny," "Highway," " Nuisance.") Nuisances by. for keeping unruly bull in a field through which there was a public for keeping furious dog unmuzzled near highway, 410 placing carrion near the highway, 412 suffering carrion to remain near the street, placed there by unknown placing offal, 413 keeping dogs which made noises in the night, 414 for keeping pack of hounds and placing carrion near the road for keeping hogs near public street, 415 for killing sheep near highway, 415 against a butcher for using his shop as a slaughter house, 416 Killing, wounding, and poisoning animals. 1. Points of law. offence in general, 849 founded on Black Act, 849 felony without clergy "to kill, wound, or maim any cattle," 849 there must be malice against owner, 849 will be presumed until contrary appear, 849 maiming cattle to prevent their trespassing, not within statute, 849 not necessary that cattle should die, 849 venue may be in any county, 849 not necessary to aver that the animals are cattle, 849 2. Precedents of indictments for felony on 9 Geo. I. c. 22. in maliciously killing a gelding, 849 the like for maiming cows, 850 the like for maiming gelding in another form, 850 the bike for poisoning horses, 850 ANIMUS FURANDI necessary to constitute larceny, 738 APPRENTICE (See "Exercising Trades.") against master for confining and starving apprentice, 534 for cruel treatment of, 592 for pretending not to be an apprentice and obtaining money for en listing, 774 ARBITRATORS. (See "Perjury.") ARREST by justice of party offending in his own view, stated, 94 indictment for perjury in swearing, 241 ARSON. 1. Preliminary notes and points of law. definition, 868 there must be an actual burning, 868 not necessary that the entire building should be on fire, or that any attempt to commit arson is misdemeanor at common law, 868 ́ it must be wilful and malicious, 869 need not be malice against any particular individual, 869 servant negligently setting fire to house liable to forfeiture of 1007. what shall be deemed the subject of arson, 869 felony without clergy to burn any corn within Cumberland, Northum- any person burning grain in the night time is guilty of felony, 869 capital offence to fire any house or outhouse, hovel, stack of corn, likewise to any mill, 870 common gaol is within meaning of act, 870 at common law the house must belong to another person, 870 capital offence to fire any house, outhouse, warehouse, shop, &c. likewise any buildings or engines used in trade, 871 likewise any ship, or military or naval stores, 871- Indictment, 872 venue under 9 Geo. I. c. 22. or 12 Geo. III. c. 24. may be laid in any at common law is generally local, 872 at common law the terms voluntarily (or wilfully) and maliciously are should be inserted in indictment on 9 Geo.I. c. 22. 872 no occasion to call the place a dwelling house, 872 sufficient to describe building according to language of act, 872 name of owner of house must be stated, 872 if not to be ascertained it may be stated as the house of person un- known, 872 Evidence, 873 Punishment, 873 felony at common law, 873 felony without clergy by statute, 873 2. Precedents of Indictment, &c. for setting fire to a dwelling house, 874 on 9 Geo. I. c. 22. s. 1. for wilfully burning the house of another, 874 on 9 Geo. I. c. 22. for setting fire to stack of hay, 874 on 9 Geo. I. c. 22. for setting fire to place of confinement in a bo- on 9 Geo. I c. 22. fo feloniously procuring person by promise of AKSON-continued. for felony on 9 Geo. III. c. 28. for setting fire to cotton mill, 875 for misdemeanor at common law against lodger for setting fire to against a person for misdemeanor in attempting to burn his own for felony on 43 Geo. III. c. 58. s. 1. for setting fire to house in prison- on 12 Geo. III. c. 24. in setting fire to king's stores in the rope-house ASSAULTS. (see "Public Justice.") for perjury in swearing to assault, 244 several may be joined in one indictment, 582 second or subsequent count, 582 for an assault by casting person on floor and kicking him, 583 for an assault and beating out an eye, 583 for the like and tearing hair off prosecutor's head, 584 for an assault and encouraging dog to bite, 584 for assaulting with walking stick, 584 for riding over a person with a horse, 585 for an assault by driving coach against prosecutor's chaise, 585 for driving cart against a chaise and throwing driver from chaise for assault and presenting loaded gun and threatening to fire it for violent assault and wounding plaintiff with a bayonet, 588 chaise, 587 for assault and driving cart against chariot and breaking back of for assault and violently seizing and taking away receipt for debt, 589 for assualt with intent to murder, 591 for assault with drawn sword with intent to murder, 591 for asault and casting into pond with intent to suffocate, 592 for cruelty, beating and ill-treating parish apprentice, and keeping for not providing sufficient food for servant of tender age, 594 for assaulting woman quick with child, so that child was brought for assaulting a collector of turnpike in execution of office, 595 for assaulting constable in execution of office, 596 for assaulting game-keeper in execution of duty, 596 for assault and battery on account of money won at play, 597 the like in more concise form, 597 for assaulting person on highway and defacing and cutting gar- ASSAULTS AND FALSE IMPRISONMENT. for an assault and false imprisonment, 599 the like and obtaining money for discharge, 600 the like and obtaining note for discharge, 600 against cominander in chief of East India provinces, for assault and for assault and false imprisonment, and demanding of prosecutor |