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NUISANCE (continued):

keeping gunpowder-magazines near a town,

nuisance at common law, 419, note

necessary averments in an indictment for an offensive
nuisance, ib.

nuisances from fireworks, 420

nuisances from steam-engines, 421

4. NUISANCES TO HIGHWAYS, TURNPIKES, AND BRIDGES:
Highway Act, 13 Geo. 3, c. 78-

General Note:

how far from the centre of the road, trees,
bushes, &c., may grow, 422

possessor of land next adjoining the road, to
cut and prune hedges, &c. ib.

to make sufficient ditches, &c., 423

persons laying stone by the road-side, &c., ib.
stone, timber, &c., within fifteen feet of centre
may be removed by surveyor, ib.

after notice, &c., ib.

obstructions by implements of husbandry, &c.,

424

surveyor's duty on taking a view of highways,
&c., ib.

times of cutting hedges, &c., 425

making new ditches, &c., ib.

justices may order narrow roads to be widened,
&c., 426

may order roads to be repaired which are re-
pairable ratione tenure, 427

who may make presentments, &c., 427
limitation of the number of horses, &c., 431
drivers of carriages punishable for misbe-
haviour, 432

penalty for encroachment, 433

form of an order for widening, &c. a highway,

436

of a presentment, 437

necessary forms of indictments and presentments, 438
indictment must show that the way is common
to all people, ib.

not necessary to state the termini, ib.

need not show how far the nuisance extends,
439

where obligation to repair arises from pre-
scription, the obligation must be set
forth, ib.

nhabitants of a parish cannot, upon the general issue,
throw the burden of repairing upon, particular
parishes, 440

what is a highway, ib.

what are nuisances to a highway, ib., and 441

NUISANCE (continued:)

the inhabitants of a parish are, of common right and
primâ facie, bound to repair, ib.

an indictment against a parish for not repairing a high-
way, cannot be quashed on an affidavit that the
way is now in repair, 442

what the course is, ib.

two justices may determine what parts of highways
lying in two parishes shall be repaired by each, 443
where parish is indicted for non-repair of turnpike, the
court to apportion the fine between the parish and
trustees, 446

power of trustees as to causeways, 447

power of surveyor as to water-courses, hedges, &c.
as to encroachments, 449

penalty on persons committing nuisances, 450-451
what shall be deemed the centre of the road,
451

wind-mills, 452
drivers, ib.

trustees may direct prosecutions for nuisances, ib.
Bridges:

charge of repairing bridges lies on the county, 457,

note

indictment for non-repair of, ought to shew whether the
bridge is a cart-bridge, horse-bridge, &c, ib.

necessary allegations in the indictment, ib.
inhabitants, upon plea of not guilty, cannot throw the
onus of repair on individuals, ib.

though a bridge be erected by trustees, county still liable,

458

county rate for the repair of bridges, 460

power of justices to contract for the repairs, ib.
surveyors of county bridges empowered to get materials
for repair of bridges, in same manner as surveyors
under the Highway Act, 463

quarter sessions may widen and alter situation of bridge,
ib.

may appoint annually two or more justices to superin-
tend the repairs, 465

PARTNERS: property of, how laid in indictment, 252
PERJURY:

1. PERJURY IN GENERAL :

under stat. 5 Eliz. c. 9, procuring witness to commit per-
jury, punishable by fine of 40l., 469

if no goods, offender to stand in pillory, &c., ib.
offender incompetent as a witness, ib.

under same statute, committing wilful perjury, punish-
able by fine of 20l., ib.

if no goods, offender to stand in pillory, &c., 470
what judges shall have authority to try offenders, under
stat. 5 Eliz. ib.

PERJURY (continued):

statute to be proclaimed at assizes, ib.

statute not to extend to ecclesiastical court, ib.

person cannot be guilty of perjury within this statute,
where he cannot be guilty of subornation within it,
471, note

statute of Eliz. does not extend to perjury in answer in
Chancery, ib., note

complaining party under this statute must have suffered
some injury by the perjury, ib., note

under stat. 2 Geo. 2, c. 25, additional punishment of
perjury, imprisonment or transportation for seven

years

what shall be sufficient in indictments for perjury under
23 Geo. 2, c. 11; 472, and see infra

where justices of asşize may direct a prosecution for per-
jury, 473

General Note:

what matters are sufficient to be set forth in an indict-
ment for perjury, 474

the substance of the offence

by what court, or before whom, the oath was

taken

an averment that such court has a compe-

tent authority, &c.

an averment to falsify the matter wherein the
perjury is assigned.

substance of offence consists in the actual false swear-
ing, and the necessary attendant circumstances, as
time, place, &c.; and the circumstances which, in
judgment of law, make the offence perjury.

as to the time, ib.

place, 475

other circumstances, ib.

the oath must be taken before a court of competent juris-
diction, ib.

as to the statements necessary to explain the assignments
of perjury, 476

as to the assignments of perjury, 477

indictments must, by particular averments,
negative that which is false, ib.

indictment cannot state two contradictory oaths
and assign perjury, without an averment
to falsify one of them

general remarks on the crime of perjury, ib.

the oath administered must be lawful, 477

must be administered by a court having au-
thority, 478

must be taken in a judicial proceeding, ib.

must be absolute, 479

must be false, ib.

must be material to the issue, ib.

PERJURY (continued):

may be by the act of the party, or the suborna-
tion of others.

observations on the evidence, 479

evidence of one witness not sufficient to con-
vict, &c., ib.

on the authority of persons administering oaths, 480
2. PERJURY UNDER PARTICULAR STATUTES:

in respect of certificates of age, and affidavits of identity,
of government life-annuity nominees, 480

in respect of depositions and affidavits made before com-
missioners for advancing exchequer bills, 482

in respect of affidavits relating to stamp duties, 483
in examinations by the surveyor-general of the customs,

484

navy, ib.

in examinations before commissioners of excise, 485
in examinations before commissioners of the
in examinations touching quarantine, 486
pilotage, ib.

vessels carrying passengers, ib

by bankrupts, 488

by insolvents, 489

under the registry acts, ib.

under the ship registry act,490

under the inclosure act, 491

at elections, 492

freeholder's oath in counties, 493
in cities and towns, 494

PETIT LARCENY, abolished, 307

PETIT TREASON abolished, 495
PILLORY:

punishment of, abolished, except in certain cases, 523

PIRACY:

1. ADMIRALTY JURISDICTION:

of the death of a man, and of a mayhem done in great
ships hovering in the main stream of great rivers,
&c., the admiral shall have cognizance, 495
admiral has no jurisdiction in any creeks, &c., within the
bodies of counties, 496, note

2. MODE OF TRIAL:

all treasons, felonies, robberies, murthers, &c., in any
place where the admiral has jurisdiction, to be deter-
mined in such shires and places of the realm, as
shall be limited by the king's commission, 496

how the commission shall be directed, ib.
the commissioners to have the power of sum-
moning a jury, and trying the offences, as
if the same had been committed on land
within the same shire, ib.

indictment found before them to be good, ib.

PIRACY (continued) :

punishment to be the same as if offences had
been committed on land, ib.

statute of 28 Hen. 8, c. 15, does not alter the law of pi-
racy, 498, note

all offences on the high seas liable to same punishments
as if committed on land (by the 39 Geo. 3, c. 37);
and triable in the same manner as treasons, felonies,
&c., are directed to be tried, by 28 Hen. 8, c. 15,
500

by 1 Geo. 4, c. 90, persons tried for murder or man-
slaughter committed at sea, shall receive the benefit
of clergy, as they would for the same crimes commit-
ted on land, 500

justices may take examinations touching offences com-
mitted within the admiralty jurisdiction, 501.

3. OFFENCES MADE PIRACIES:

king's subjects, &c., committing piracy, or robbery, or

any act of hostility, on others of the king's subjects
by commission from any foreign prince, to be deemed
pirates, felons, and robbers, and suffer death, loss
of lands, &c. 502

commander or master of ship, &c., betrayng his trust and
turning pirate, &c,, and piratically running away
with ships, &c., deemed a pirate, felon, and robber,
and to suffer death, &c., 504

commander of ships or others trading with pirates, &c.,

to be deemed guilty of piracy and suffer death, 504
British subjects, during any war, committing hostilities
against other British subjects, to be deemed pirates,
506

dealing in slaves on the high sea is piracy, 507
PLAY-HOUSES, not nuisances, 416, note

PLEA; dilatory: see "Misnomer."

of "not guilty," 585

POACHING:

persons having entered any forest, park, chase, wood,
plantation, close, or other open or inclosed ground,
with intent illegally to destroy game, and being
found therein at night, armed with any gun, cross-
bow, &c., guilty of a misdemeanor, transportation,
seven years, 508

observations on the statute, 509, note

POST-OFFICE:

clerks, &c,, upon the receipt of letter with money for
postage, burning letter, and embezzling the money,
105

clerks, &c., secreting, &c., any letter or packet, bag, or
mail of letters, 106

stealing from any carriage or post-man letters, &c., 10

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