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INDEX.

ABDUCTION OF WOMEN.
1. Points of Law.

as to offence, 579

persons taking away women having property against will guilty
of felony, without clergy, 579

to constitute offence will suffice if taking or marriage be against
will, 579

if forcible abduction be in one county and marriage in another
when defendant cannot be indicted in either, 579

how far accessaries are within the statute, 579

Indictment

must state that woman had lands or goods, or that she was heir
apparent, as well as that she was actually married or de-
filed, 580

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
witness, 580

Offence of taking away female infants.

persons above 14 years of age taking away a woman under 16
years from possession of parents or guardian to be impri-
soned two years, &c, 580

if parent has once assented to marriage he cannot retract, 580
an illegitimate child is within statute, 581

indictment may be supported on general prohibitory clause of sta-
tute. 581.

2. Precedents of Indictments, &c.

for felony in taking a woman having substance against her will
on 3. H. 7 c. 2.578

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
before the quickening, 557

at common law for assault and administering, &c. to cause miscar-
riage, 557

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
in murder, (see "Murder.") 494. 508

guilt of, cannot be greater than that of principal, 496
accessaries to piracy before fact ousted of clergy, 894

ACTION

penal, indictment for compounding, 109

ADMINISTRATION

to seaman, indictment for perjury with intent to procure, 271
ADMIRALTY, (see "Piracy,' Murder.")

jurisdiction of, 891

39 66

commencement of indictment for offence within admiralty ses-
sions, 3

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
footpath, 408

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
persons, 412

placing offal, 413

keeping dogs which made noises in the night, 414

for keeping pack of hounds and placing carrion near the road
whereby air was infected, 410

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
horses are within statute, 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.")
indictment for perjury before, 228

ARREST

by justice of party offending in his own view, stated, 94
ARTICLES OF PEACE, (see "Perjury.")

indictment for perjury in swearing, 241

ARSON.

1. Preliminary notes and points of law.
offence at common law, 868

definition, 868

there must be an actual burning, 868

not necessary that the entire building should be on fire, or that any
part of it should be entirely consumed, 868

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.
and imprisonment, 869

what shall be deemed the subject of arson, 869

felony without clergy to burn any corn within Cumberland, Northum-
berland, Westmorland or Durham, 869

any person burning grain in the night time is guilty of felony, 869
corruption of blood saved, 869

capital offence to fire any house or outhouse, hovel, stack of corn,
grain, hay, or wood, 870

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.
whether in possession of offender or not, with intent to defraud
another person, 871

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
county, 872

at common law is generally local, 872

at common law the terms voluntarily (or wilfully) and maliciously are
requisite, 872

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-
rough, 975

on 9 Geo. I c. 22. fo feloniously procuring person by promise of
money to join in setting fire to a stack of hay, 875

AKSON-continued.

for felony on 9 Geo. III. c. 28. for setting fire to cotton mill, 875
for misdemeanor at common law, for setting fire to floor in defen-
dant's own house contiguous to others, to public alarm and
danger, 876

for misdemeanor at common law against lodger for setting fire to
part of the wainscot of room with intent to burn it, 877

against a person for misdemeanor in attempting to burn his own
house, 878

for felony on 43 Geo. III. c. 58. s. 1. for setting fire to house in prison-
ers own possession, 880

on 12 Geo. III. c. 24. in setting fire to king's stores in the rope-house
dock yard of his majesty, 880

ASSAULTS. (see "Public Justice.")

for perjury in swearing to assault, 244

several may be joined in one indictment, 582
indictment for common assault, 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
and for assault and battery, 586.

for assault and presenting loaded gun and threatening to fire it
whereby prosecutor was affrighted, 588

for violent assault and wounding plaintiff with a bayonet, 588
for assaulting driver of chaise and with the wheel of cart overturning

chaise, 587

for assault and driving cart against chariot and breaking back of
one of the horses drawing chariot, 587

for assault and violently seizing and taking away receipt for debt, 589
for assault on a clergyman, 590

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
her from necessary food, 592

for not providing sufficient food for servant of tender age, 594

for assaulting woman quick with child, so that child was brought
forth dead, 595

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-
ments, 597

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
imprisoning prosecutor there, 600

for assault and false imprisonment, and demanding of prosecutor
either to sign a note for money, or to fight a duel, 603

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