NUISANCE (continued): keeping gunpowder-magazines near a town, nuisance at common law, 419, note necessary averments in an indictment for an offensive nuisances from fireworks, 420 nuisances from steam-engines, 421 4. NUISANCES TO HIGHWAYS, TURNPIKES, AND BRIDGES: General Note: how far from the centre of the road, trees, possessor of land next adjoining the road, to to make sufficient ditches, &c., 423 persons laying stone by the road-side, &c., ib. after notice, &c., ib. obstructions by implements of husbandry, &c., 424 surveyor's duty on taking a view of highways, times of cutting hedges, &c., 425 making new ditches, &c., ib. justices may order narrow roads to be widened, may order roads to be repaired which are re- who may make presentments, &c., 427 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 not necessary to state the termini, ib. need not show how far the nuisance extends, where obligation to repair arises from pre- nhabitants of a parish cannot, upon the general issue, 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 an indictment against a parish for not repairing a high- what the course is, ib. two justices may determine what parts of highways power of trustees as to causeways, 447 power of surveyor as to water-courses, hedges, &c. penalty on persons committing nuisances, 450-451 wind-mills, 452 trustees may direct prosecutions for nuisances, ib. charge of repairing bridges lies on the county, 457, note indictment for non-repair of, ought to shew whether the necessary allegations in the indictment, 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. quarter sessions may widen and alter situation of bridge, may appoint annually two or more justices to superin- PARTNERS: property of, how laid in indictment, 252 1. PERJURY IN GENERAL : under stat. 5 Eliz. c. 9, procuring witness to commit per- if no goods, offender to stand in pillory, &c., ib. under same statute, committing wilful perjury, punish- if no goods, offender to stand in pillory, &c., 470 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, statute of Eliz. does not extend to perjury in answer in complaining party under this statute must have suffered under stat. 2 Geo. 2, c. 25, additional punishment of years what shall be sufficient in indictments for perjury under where justices of asşize may direct a prosecution for per- General Note: what matters are sufficient to be set forth in an indict- 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 substance of offence consists in the actual false swear- as to the time, ib. place, 475 other circumstances, ib. the oath must be taken before a court of competent juris- as to the statements necessary to explain the assignments as to the assignments of perjury, 477 indictments must, by particular averments, indictment cannot state two contradictory oaths general remarks on the crime of perjury, ib. the oath administered must be lawful, 477 must be administered by a court having au- 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- observations on the evidence, 479 evidence of one witness not sufficient to con- on the authority of persons administering oaths, 480 in respect of certificates of age, and affidavits of identity, in respect of depositions and affidavits made before com- in respect of affidavits relating to stamp duties, 483 484 navy, ib. in examinations before commissioners of excise, 485 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 PETIT LARCENY, abolished, 307 PETIT TREASON abolished, 495 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 2. MODE OF TRIAL: all treasons, felonies, robberies, murthers, &c., in any how the commission shall be directed, ib. indictment found before them to be good, ib. PIRACY (continued) : punishment to be the same as if offences had statute of 28 Hen. 8, c. 15, does not alter the law of pi- all offences on the high seas liable to same punishments by 1 Geo. 4, c. 90, persons tried for murder or man- justices may take examinations touching offences com- 3. OFFENCES MADE PIRACIES: king's subjects, &c., committing piracy, or robbery, or any act of hostility, on others of the king's subjects commander or master of ship, &c., betrayng his trust and commander of ships or others trading with pirates, &c., to be deemed guilty of piracy and suffer death, 504 dealing in slaves on the high sea is piracy, 507 PLEA; dilatory: see "Misnomer." of "not guilty," 585 POACHING: persons having entered any forest, park, chase, wood, observations on the statute, 509, note POST-OFFICE: clerks, &c,, upon the receipt of letter with money for clerks, &c., secreting, &c., any letter or packet, bag, or stealing from any carriage or post-man letters, &c., 10 |