>' T^jiify' .■ A A ; i ! 7 oio; 6 - ^ 1 5 9 ^^^^= >• . — y> 2 5 ^. FROM BrTTEKKORTII.SrC" L;nr I'liltlishcrs, //*/^ Bell Yard. Temple Bar, London, w.C. » lUctl UII VALUABLE LAW WORKS PtJBLISHED BY STEVENS AND SONS, 1904 119 & 120, CHANCERY LANE, LONDON, W.C, LIMITED, Williams' Law and F ' Bankruptcy Acts, 11 \ &c. By the Right yAtnA^V LIAMS, a Lord Jus rnf^V WM. HANSELL, a | 9^n andD. H. CROMF ' '^ ' Price 30a\ cloth. " The leading text-book on Coote's Treatise on RICHARD HOLIV Edition. By SYDl Law, Author of " T "The Law of Ace Price £3 : 3i. cloth. Jennings & Kindersk Registration under t the text of the Ad A. R. G. JENNIl Barristers-at-Law, £ Price Vis. M. cloth. " The principles and practic' cise manner by the authors in th( Weaver's Precedents dents of WiUs, wil By CHARLES Wi Price 5.S. cloth. " The notes, like the fomis, and the book cannot fail to be ol Bray's Digest of the I.! EDWARD BRAY, net, 3s. cloth. Biron & Chalmers' Li H. C. BIRON and . Law. Demy 8vo. " The wholo book is emineni and ably discussed." — Ijiw Timt. UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY Castle's Law and Practice of Rating.— Fourtli Edition. By EDWARD JAMES CASTLE, K.C. Royal 8vo. 1903. Price '2').s. cloth. " A compendious treatise, which has earned the goodwill of the Profession on account of its conciseness, its lucidity, and its accuracy." — L/, L. R. 1 C. C. R. 301. Statements in " mere praise, or exaggeration or pufl^g," on account of which money is given, does not make the defendant capahle of being con^-icted of obtaining money by false pretences. (See It. v. Bryan, 26 L. J. M. C. 84.) Note also, R. v. Cooper, 2 Q. B. D. 510. R. V. Hazelton, L. R. 2 C. C. R. 134. R. V. Couhon, 1 Den. 592. R. V. Naylor, L. R. 1 C. 0. R. 4. R. V. Martin, L. R. 1 C. C. R. 56. R. V. Milk, Dears. & B. 205. R. V. KilJuun, L. R. 1 C. C. R. 251. Burglary. (24 & 25 Vict. c. 96.) " Whosoever shall enter the dwelling-house of another with intent to commit any felony therein, or being in such a dwelling-house shall commit any felony therein, and shall in either case break out of the said dwelling-house in the night, shall be deemed guilty of burglary." A burglar, according to Lord Coke, is : — " lie that in the ni<2ht time breaketh and entereth into a mansion 38 BRIEF AIDS TO house of another of intent to kill some reasonable creature or to commit some other felony within the same, whether his felonious intent be executed or not." Place. It must be a dwelling-house or some building connected by the main building by a covered enclosed passage. {R. v. Jenldns, R. & E. 244.) Section 53 of the above Act says :— " No building, although within the same curtilage with any dwelling- house and occupied therewith, shall be deemed to be part of such dwelling-house, unless there shall be a communication between such building or dwelling- house either immediate or by means of a covered or enclosed passage leading from the one to the other." Night-time. This is settled to commence at 9 p.m. and end at 6 a.m. (24 & 25 Vict. c. 96, s. 1.) Breaking and entering. These must take place by night. The breaking may be one night and the entry another. {R. v. Smith, E. & E. 417.) There must be a breaking of some part of the building, internal or external. To gain admittance by fraud is constructive breaking. It does not constitute a breaking to get through a half-closed window or an open door, but to get down a chimney has been held otherwise, so has lifting a cellar-flap. {R. v. RmscU, 1 Moo. C. C. 377.) Getting through a hole in the roof is not a sufficient entry to constitute a burglary. {R. v. Bricc, E. & E. 450.) Entry. The least entry of any part of the offender's body, or any instrument held in the hands for the CRIMINAL LAW. 39 purpose of committing a felony, will suffice. {R. v. Hughes, 1 Leach, 406.) When the entry cannot be proved, but the breaking ■with an intent to commit a felony can, the prisoner is guilty of an attempt to commit a burglary. {R. v. Spanner, 12 Cox, C. C. 155.) It is a burglary by 24 & 25 Yict. c. 9G, s. 51, to enter the dwelling-house of another with an intent to commit a felony therein, or for a person who in such dwelling-house having committed a felony therein, in either case to break out. House-breaking. The differences between this offence and that of burglary are — (a) house-breaking is committed by day ; (b) and relates to the breaking of shops, ware- houses, &c., to which the crime of burglary does not. See 24 & 25 Yict. c. 96, s. 55. Forgery. See 24 & 25 Yict. c. 98. " The fraudulent making or altering of a writing to the prejudice of another man's right." (Blackstone.) A false making (a making malo aninio) of any written instrument for the purpose of fraud or deceit. (2 East, P. C. 852.) It is the fraudulent making or altering of an instru- ment or part of one with the intention of making it appear what it is not with intent to defraud. (See Blackburn, J., in R. v. Ritson, L. 11. 1 C. C. R. 200.) The forgery must be of some writing or document, viz. :—R. V. Ch.s.s, Dears. & B. C. C. 4(J0 ; 7 Cox, 494 ; 27 L. J. M. C. 54. 40 BRIEF AIDS TO The forgery need not he of tlie whole instrument or document, and a mere alteration will suiBce. (1 Hawk, c. 70, s. 2.) It must he proved the defendant knew the instru- ment to be forged. The crime is closely akin to that of false pretences. (FitzS. 141.) Arson. Coke defines it as " the malicious and volun- tary burning the house of another by night or by day." (3 Inst. 66.) " Arson is the malicious and unlawful setting fire to any real property or to any vegetable produce stacked or otherwise stored for use, or to any personal property so connected with or adjacent to any real property, that by setting fire thereto such real property would be en- dangered." (Stephen, J.) The crime is regulated by 24 & 25 Vict. c. 97, which says : — " Whosoever shall unlawfully and maliciously set fire to any matter or thing being in, against or under any building under such circumstances that if the building were thereby set on fire the offence would amount to a felony, shall be guilty of felony." (See R. V. Child, L. R. 1 C. C. R. 307.) At common law an actual burning of the house or part of it was required. " No flames need be visible." {E. V. Stallion, 1 Moo. C. C. 398.) The essential of the crime is the intent to defraud or injure. The house burnt must be that of another. There- fore, the burning of a man's own house is no felony at common law ; but if A. wilfully sets fire to his own CRIMINAL LAW. 41 house, and in doing so burns B.'s it is a felony. (Probert's Case, 2 East, V. C. 1030.) Offences against the Person of Individuals. Homicide. "The killing of a human being by a human being." It may be divided into tkree classes. (1) Justifiable ; (2) Excusable ; (3) Felonious. (1) Justifiable Homicide. This is where the killing is sanctioned and ordered by the law. Examples : — (a) Where a criminal is legally executed by the proper person. (b) Where a law officer kills a person who pre- vents him from executing his duty, after it has been shown that the killing was necessary. This will be excusable or justifiable homicide or man- slaughter according to the facts of the case. (c) When the killing takes place to prevent a crime being committed (robbery, arson, burglary). (See 1 East, P. C. 271, 272.) But the crime must be a "forcible and atrocious" one {e.g., rape), and the killing must be the last means resorted to. (2) Excusable Homicide. Examples : — (a) Killing in self-defence, " se defendcndo'^ (b) Killing by accident in carrying out a legal act or in a manner in which malice aforethought is not present. In cases of killing in self-defence the person 42 BEIEF AIDS TO •who was assailed must sliow that he did not cause the death of the assailant until he had exhausted all other means in his power for the protection of his own personal safety. (3) Felonious Homicide. — Murder. Coke defines it in the following way : — " When a person of sound memory and discretion unlawfully killeth any reason- able creature in being and under the King's peace with malice aforethought, either express or implied." " Sound memory and discretion " — Idiots, lunatics, and infants " doJi incajxix " are excluded. Any reasonable creature in being and under the King's peace — foreign enemies engaged in war are excluded. A child becomes a living being when it has proceeded in a living state from the body of its mother. " Malice " — " The wilful doing of a wrongful act without just cause or excuse." (Per Bayley, J.) The assailed must die within one year and a day to render his assailant guilty of murder. Manslaughter. " The unlawful killing of another without malice aforethought." (Blackstone.) This is of two kinds : — (1) On sudden heat (voluntary). (2) In the commission of some unlawful act (involuntary) . (1) Voluntary. Examples : — Two men meet and quarrel and one kills the other. {R. V. Fisher, 8 C. & P. 182.) When A. has provocation and kills B., e.g., when B. CRIMINAL LAW. 43 is taken in adultery with A.'s wife. (See li. v. Maddy^ 1 Vent. 158.) "Manslaughter therefore on a sudden provo- cation differs from excusable homicide ' se dvfcn- dcndo ' on a sudden affray in this : that in the one case there is an apparent necessity for self-preser- vation to kill the aggressor ; in the other there is no necessity, being only a sudden act of revenge." (Stephen.) Involuntary. This differs from excusable homicide, as in the latter the act is lawful and in the former the act is unlawful which causes death. Example : If a man throws stones from a roof when people are in the habit of frequenting the place below, after warning them, though not intending to kill anyone, the original act is imlawful. See R. V. Salmon, 6 U. B. D. 79. R. V. Brad^hau; 14 Cox, C. C. 83. If unlawful act is a felony then the killing is murder. " I think that instead of saying that any act done with intent to commit a felony and which causes death amounts to mui'der, it would be reasonable to say any act known to be dangerous to life and likely in itself to cause death, done for the purpose of committing a felony which caused death, should be murder. As an illustration of this, supposing a man intending to commit rape on a woman, and without any wish to kill her, squeezed her by the throat to overpower her and in so doing killed her, that would bo mm-dcr." 44 BRIEF AIDS TO (Stephen, J., in E. v. Seme and Goldfinch, 16 Cox, C. C. 311.) Homicide by Correction. See R. V. Hopley, 2 F. & F. 202. R. V. Griffin, 11 Cox, C. C. 402. Homicide by neglect of Duty. See 31 & 32 Yict. c. 122, s. 37. R. V. Morhy, 8 Q. B. D. 571. R. V. Downes, 2 East, P. C. 997. R. V. NichoUs, 13 Cox, C. C. 75. Suicide. See R. v. Jesso}-), 16 Cox, C. C. 204. R. V. Dyson, E. & E. 523. To become an offence it must be committed by one who has arrived at years of discretion, and who is in his right mind. Attempts to Murder. See 24 & 25 Vict. c. 100, ss. 14, 15. R. V. Brown, 10 Q. B. D. 381. Conspiracy to Murder. See 24 & 25 Yict. c. 100, s. 4. R. V. Most, 7 a. B. D. 244. Wounding. See 24 & 25 Yict. c. 100, s. 20. R. V. Latimer, 17 U. B. D. 359. R. V. Stopford, 11 Cox, C. C. 643. R. V. Treticcll, L. & C. 443. R. V. Payne, 4 C. & P. 558. R. V. Wood, 1 Mood. C. C. 278. It must be proved the skin is broken. CRIMINAL LAW. 45 Grievous Bodily Harm. See 24 & 25 Vict. c. 100, s. 20. E. V. Martin, 8 Q. B. D. 54. Mayhem is depriving a person of the use of a fighting member. Assault is the offence of offering to do any violence to another in a threatening manner, c.(/., to shake one's fist at a person. " The attempt or offer to beat a man without pro- ceeding to touch him." (3 Bl. Com. p. 120.) Finch. " All unlawful setting upon one's person." (3 Bl. Com. p. 120.) Battery is the slightest touch or blow by one to another in anger. (3 Bl. Com. 120.) Abduction — (1) Any one unlawfully taking any unmarried girl under sixteen out of the custody of her father or lawful guardian, commits a misdemeanour. It is no defence that the defendant did not know her to be under the age of sixteen. [E. v. Prince, L. K. 2 C. C. E. 154.) It is immaterial whether the girl consents or no, or whether the motive be a pure one or other- wise. {E. V. Booth, 12 Cox, C. C. 231.) (2) Any one who takes a woman of any age away by force, with intent to marry or defile, commits a felony. (3) It is a felony to take away a woman on account of her fortune against her will, or if under 46 BRIEF AIDS TO twenty-one, against the will of her lawful guardian. (4) It is a misdemeanour, hj sect. 7 of the Criminal Law Amendment Act, 48 & 49 Yict. c. 69, to take any girl under the age of eighteen with the intention of carnally knowing her. Rape. (24 & 25 Yict. c. 100, ss. 48 and 63.) This is the offence of forcibly knowing a woman carnally against her will. A husband cannot be guilty of rape on his wife, nor can a boy under the age of fourteen, even though he may have reached the years of puberty, though both the former and the latter may be charged as principals in the second degree. If the woman consents to the perpetration of the offence through duress, it is still rape. Abortion. See 24 & 25 Yict. c. 100, s. 58, which says as follows : — " Every woman being with child who, with intent to procure her own miscarriage, shall unlawfully admin- ister to herself any poison or other noxious thing, or shall unlawfully use any instrument or other means, whether with the like intent, and whosoever with the intent to procure the miscarriage of any woman, whether she be or be not with child, shall unlawfully administer to her, or caused to be taken by her, any poison or other noxious thing, or shall unlawfully use any instrument or other means whatsoever with the like intent, shall be guilty of felony, &c." " Whosoever shall unlawfully sui)ply or procure any CRIMINAL LAW. 47 poison or otlier noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman, whether she be or be not with child, is guilty of a misdemeanour." The harmful composition of the article supplied is of no consequence. The gist of the offence is the infciifioii of the administrator or supplier. " If a person administers a bit of bread with intent to procure abortion, the offence is sufficiently consti- tuted." (Yaughan, B., in H. v. Coe, 6 C. & P. 403.) See E. V. Cramp, U Cox, 390. If a person does an act whereby a child is born immatui'ely and dies in consequence, that would amount to murder. {E. v. JVcsf, 2 C. & K. 784.) Concealment of Birth. 24 & 25 Vict. c. 100, s. GO, which says : — " If any woman shall be delivered of a child, every person who shall by any secret disposition of the dead body of the said child, whether such child die before, at or after birth, endeavoiu' to conceal the birth thereof, shall be guilty of a misdemeanour," &c. See E. V. Eroini, L. R. 1 C. C. E. 244. E. V. Tto-ticr, 8 C. & P. 755. E. V. Williams, 11 Cox, 584. E. V. Sh'cj^, 9 Cox, C. C. 559. " The concealment must be by a secret disposition of the body, and a disposition can only be secret by placing 48 BKIEF AIDS TO it where it is not likely to be found; secrecy is the essence of the offence." (Byles, J.) Sodomy. (24 & 25 Yict. c. 100, s. 61.) " Whosoever is convicted of the abominable crime of buggery, either with mankind or with an animal (bestiality) shall be liable to be kept in penal servitude for life." CRIMINAL LAW. 49 Part II. CRIMINAL PROCEDURE AND EVIDENCE. Chapter I. Arrest. This may be effected either with or without a warrant. A Warrant is a command in writing directed to some officer, ordering him to bring the offender before the justices, for the purpose of having him legally dealt with. The warrant must state the offence, describe the offender, and order the person to whom it is directed to apprehend the accused. Example of a Warrant: — To the constables of , and to all other peace officers in the county of . Whereas A. B., of {Jtcre state occupation), hath this day been charged upon oath before the under- signed, one of Her Majesty's Justices of the I'eace in and for the said county of , for that he on the day of , 18 — , did {here state offence) . K. D 50 BRIEF AIDS TO These are therefore to command you, in Her Ma- jesty's name, forthwith to apprehend the said A. B., and to bring him before me or some other of Her Majesty's Justices of the Peace in and for the said county, to answer unto the said charge, and to be further dealt with according to law. Given under my hand and seal this day of — , in the year of our Lord, 18 — , at in the county aforesaid. On a complaint being made before one or more justices that any treason, felony, or misdemeanour has been committed or is suspected of having been com- mitted, within the jurisdiction, or that the alleged offender, having committed it elsewhere, resides within the jurisdiction, the justice may issue either a warrant or a summons, issuing the latter first requiring him to attend before him, and then if this is not obeyed he may issue a warrant. The Summons is directed to the accused ; it must be served by a constable or other police officer. The person who serves it must attend at the trial. Before the issue of a warrant a justice of the peace must have an information and complaint in writing, and on the oath of the informer. In a summons this information may be without oath and on parole. (11 & 12 Yict. c. 42, ss. 3 and 8.) The officer who delivers the warrant need not show it if he tells its substance. It is executed by appre- hendine: the accused. CRIMINAL LAW. 61 If the accused is not found in the jui-isdiction of the j ustice by whom the warrant was issued, or if he reside out of the jiu'isdiction, any justice of the peace of any other county may upon oath of the proof of the hand- writing of the justice of the peace so endorse the warrant, which is called Backing a Warrant, and thereby making- it liable to be executed. English warrants may be "backed" in Scotland, Ireland, and vice versa. Warrants may be granted on a Sunday. Bail. In cases of treason, under the Queen's Bench order justices of the peace can bail, otherwise no. In other felonies and higher misdemeanours justices of the peace must use their own discretion. In minor misdemeanours justices are prima facie bound to admit to bail; if they refuse, they may be comj)elled to do so by a " mandamus " from the Queen's Bench Division. Indictment. An indictment is a written accusation of two or more persons of a crime jireferred to and presented on oath by a grand jury. (2 Hawk. c. 25, s. 4.) According to Lord Hale (2 Hale, P. C. 169) an in- dictment should be a plain, brief, and certain narrative of an offence committed by any person, and of those necessary cu'cumstances that concur to ascertain the fact and its nature. There are three parts of an indictment — (a) The Commencement; Venue. (b) The Statement. (c) Conclusion. d2 52 BRIEF AIDS TO (a) The Commencement contains the Venue. At com- mon law the venue was always laid in the county where the offence was committed. But now this has been altered by statute. The venue may be laid in the county where the offence was committed, or where the property was found, or where the offender was arrested. (b) The Statement. This must contain clearly and accurately all the items of the offence, facts and circumstances which associate the defendant with it. The defendant must be charged directly with having committed the offence. The defendant must not be charged in one count of the said indictment with having committed two or more offences (burglary and embezzlement excepted). Several defendants may be joined in the same indict- ment, but two or more can not be jointly indicted for perjury, blasphemous or seditious words. At law, any number of offences may be charged in different counts of the indictment, but in practice not more than one felony can be charged in one indictment. An indictment may charge the same felony in dif- ferent ways in several counts. Indictments for mis- demeanours may contain several counts for different offences. An indictment lies for all treasons and felonies, for misprision of treason and felony, and for all misde- meanours of a public nature at common law. An indictment will not lie for a mere private injury against a person. CRIMINAL LAW. 53 As stated, indictments are tried within the jurisdic- tion where the ofEence is committed, or where the venue is laid. The place of trial is changed by the Writ of Certio- rari. This writ is issued out of the Queen's Bench Division to the judges or judge of an inferior Court, commanding him or them to return the records of a certain indictment or inquisition, in order that the party may have the benefit of trial before the Queen's Bench. This writ is demanded as of right by the Crown, but if a private person demands it, the Court has discretion to grant or refuse it. A private person on asking for it must state on afl&- davit — (1) That the inferior Court cannot determine the point of law in question ; (2) That there is no likelihood of a fair trial being held in the original jurisdiction. See 16 & 17 Vict. c. 30, s. 4. If the writ has been obtained improperly, the Court may award a Writ of Procedendo, sending back the record to the original jurisdiction. A Nolle Prosequi is a motion to stay proceedings on an indictment. It does not act as an acquittal, and the person is liable to be re-indicted. An Information is a written accusation of misde- meanour filed in the Queen's Bench Division, either by the Attorney- General or by the Master of the Crown Office at the instance of an individual, when a person is 54 BRIEF AIDS TO put on his trial without the previous finding of a grand jury. Form of an Indictment — Central Criminal Court, to wit : The jurors for our Sovereign Lady the Queen, upon their oath, present that A. B. did, on the day of ^ 18 — [here state particulars of the crime), e.g.^ larceny "of the goods of one , one hat" [then follow expressions describing the offence) — " feloniously did steal and carry away " (larceny) ; " feloniously did kill and murder " (murder) ; " feloniously did kill and slay " (manslaughter). When an indictment is found in a misdemeanour the Writ of "Venire facias ad respondendum" is issued ordering the party to appear. If he doesn't appear in answer to this a Writ of " Distringas " may be issued. If he still fails to appear, and the sheriff states he has no real property, a "Capias ad respondendum," ordering the sheriff to bring him to answer the charge. If he does not appear after the first " Capias " a second and third may be issued, termed an " alias " and a " pluries capias." If this has no effect the accused is liable to out- lawry. In felonies a capias may be issued first, and the mode of procedure is conducted in the same way as above- mentioned. CRIMINAL LAW. 56 Steps at a Criminal Trial. (1) Arraignment : — i.e., calling the accused by name to the bar, reading the indictment to him, and asking for his plea, " Are you guilty or not guilty?" (2) The Pleas :— (a) Plea to the Jurisdiction ) Termed dilatory. \ Pleas now virtually (b) Plea in Abatement . . ) obsolete. (c) Special Pleas : — (1) Autrefois Acquit, i.e., that the defendant has been tried for the same offence before and has been acquitted. (2) Autrefois Convict, i.e., the defendant has been tried and convicted of the same offence before. (3) Autrefois Attaint (obsolete), formerly a person attainted was considered legally dead. (4) Pardon. (d) "Not Guilty." Here defendant puts himself on his country for trial. Demurrer is an objection by the defen- dant to the facts contained in the indict- ment, while admitting them to be true, that they do not constitute in law the crime with which he stands for trial. 56 BRIEF AIDS TO (3) Calling, Challenging, Swearing the Jury. Challenges : (a) For Cause. (1) To the Array, wliere the whole panel of jurymen is objected to. (2) To the Polls, where particular jurymen are objected to. (1) To the Array. This is divided into — (1) Principal Challenge, e.g., by reason of some partiality as regards the sheriff. (2) Challenge for Favour. Where the partiality is not so apparent. These should be in writing. (2) To the Polls, also Principal Challenge and for Favour. These are made orally. Principal Challenges : — (1) Propter honoris respectum, e.g., where a lord or a peer is sworn on the jury. (2) Propter defectum. On account of one of the jury being too old, too young, or an alien. (3) Propter affectum. On account of some partiality, as if one of the jury wasrelatedto thedefendant. (4) Propter delictum. Where one of the jury has been convicted of treason or perjury, &c., and has not been pardoned. Challenges for Favour are used when there is a certain amount of sus- picion but not enough to constitute a princij)al challenge. CKIMINAL LAW. 57 Peremptory Challenge. In felonies the prisoner may challenge a certain number of the jury without showing cause. Not so in misdemeanours. In treason, (\rcq)t attempts on the Queen's life and person, the prisoner may challenge 35. (39 & 40 Geo. 3, c. 93.) In such case, murder, and other felonies, the number is 20. (6 Geo. 4, c. 50, s. 29.) Summary Jurisdiction Act. (1) It regulates and protects the proceedings before justices of the peace at petty sessions. (2) Offences triable are small felonies and mis- demeanours. (3) The greatest punishment for a child (under 12) is one month or 2/. fine ; (between 12 and 16) three months or 10/. fine ; adults, six months or 20/. fine. (4) The accused must have the option of being dealt with summarily or being sent for trial by a jury. d5 58 BRIEF AIDS TO Chapter II. Evidence. Definition of Evidence. " Evidence includes all the legal means exclusive of mere argument wHch tend to prove or disprove some matters of fact, the truth of which is submitted to judicial investigation." (1 Tayl. Ev. 1.) In every case the best evidence must be given, and if it is not obtainable secondary evidence is admissible after the absence of the best evidence has been accounted for. In a written instrument the writing of it is the best and only evidence of its terms. Oral evidence is admissible to exjDlain but not to contradict it. Oral evidence may be given if the writing is des- troyed, cannot be found, or the person who has it refuses to produce it, having received notice to do so. The fact of the existence of a writing may be proved without producing the writing, but not any part of its contents. {Barley v. Ousclij.) There are no degrees in secondary evidence. {Brown V. Woodman, 6 C. & P. 206.) Circumstantial Evidence consists in inferences drawn from established facts. CRIMINAL LAW. 59 Presumptive Evidence. This is where an inference as to a disputed fact is to be presumed from certain other facts. " A presumjotion of any fact is properly an inference of that fact fi'om other facts that are known." [R. v. Burdeff, 4 B. & Aid. 95, at p. 161.) Presumptions are (1) of fact. (2) of law. (1) Presumptions of fact are rebuttable, and even if not rebutted are not conclusive. Presumptions of law are — (a) Rebuttable {Juris), e.g., a child between the ages of seven and fourteen cannot commit a crime, rebutted by evidence of precocity. (b) Irrebuttable {juris et de jure), e.g., a child imder seven years of age cannot commit a crime. In each case they are conclusive. Hearsay Evidence (second-hand evidence) is where one person says what another has told him. It is generally inadmissible. For these reasons, because it is — (1) Not given on oath. (2) The party affected by it has no opportunity of examining the originator of it. But in the following cases it may bo received as evidence — (1) In proving a person's death beyond the sea. (2) In matters of public and general interest, matters of pedigree, to prove a custom, or prescription. 60 BEIEF AIDS TO (3) Djing declarations in cases of homicide (murder and manslaughter) made by a person fully conscious of immediate death, (see post, pages 63, 64). Dying declarations of an accomplice are receivable. {R. v. TinMer.) (4) Statements made by deceased persons if against their interests ; entries made by them strictly in the course of their duty or trade. (6) When the evidence is of a witness's former statement, to confirm or invalidate what he says when before the court. (6) The sayings and declarations of third parties which relate to the essential subject matter and not of its surrounding circumstances. (7) Evidence of general character or reputation. (8) Statements of persons not before the court which form part of the "r^.s' gcstce." (9) When the bodily or mental feelings of a person have to be proved evidence of statements of such individual at the time in question regarding such feelings are admissible. (1 Tayl. Ev. 496.) Confessions. " The statement of a prisoner as to the circumstances of a crime with which he is charged is evidence against himself unless it has been obtained from him by a person in authority, and who in that capacity induced him to confess by holding out an offer or prospect of forgiveness." " To exclude a confession the inducement held out CRIMINAL LAW. 61 should contain some promise or prospect of a temporal benefit." {B. v. JFild.) " A confession is admissible if obtained by deception." {E. V. S/mw.) If two persons are charged jointly the confession of one will not be evidence against the other. (7i. v. Applcbi/.) A prisoner may be convicted on proof of a confession without any further evidence. A confession before a magistrate must be proved at the trial by the depositions. Burden of Proof. "Et incumbit probatio qui dicit non qui negat " — in criminal law the burden of proof is on the prosecution. But see :— 38 & 39 Vict. c. 25. 24 & 25 Vict. c. 99, s. 24. 16 & 17 Vict. c. 107, s. 245. 38 & 39 Vict. c. 88, s. 4. 46 & 47 Vict. 0. 3, s. 4 (1). 50 & 51 Vict. c. 28, s. 2 (1). 50 & 51 Vict. c. 28, s. 2 (11). Where it lies on the accused to prove he acted inno- cently and lawfully. Proving Handwriting. (1) By calling the party who wrote. (2) By calling the party who saw him write. (3) By calling the party who saw him write once. (4) By comparison. 62 BRIEF AIDS TO (5) The Common Law Procedure Act and tlie Criminal Evidence and Practice Amend- ment Act, 1865, allow the witness to give Ms opinion as to authenticity. Functions of Judge and Jury. The Judge has to : — (1) Explain the law to the jury. (2) Decide upon the competency of a witness. (3) Decide whether dying declarations are admis- sible. (4) Determine as to the sanity of a witness. (5) Determine whether words used in an ordinary sense have a defamatory meaning. (6) Decide whether a communication is privileged. The Jury have to decide : — (1) What is gross negligence, reasonable skill, malice ? (2) As to the credibility of evidence. (3) Whether the alleged libellous matter may or may not be fair criticism. (4) On all matters of fact. Relating to Witnesses. Affirmation was allowed to certain witnesses by the Common Law Procedure Act, 1854. By the Evidence Further Amendment Act, 1869, CRIMINAL LAW. 63 affirmation is allowed instead of an oath if the oath would have no binding effect. Husband and wife may be witness for or against the other in cases of: — (1) Treason. (2) Personal injury inflicted by one or the other. (3) Under Conspii'acy and Protection of Property Act, 1875. (4) Explosive Substances Act, 1883. (5) Army Discipline Act, 1870. (6) Merchant Shipping Act, 1875. (7) Criminal Law Amendment Act, 1885 (com- petent but not a compellable witness). One witness only is required to establish a fact. Exceptions: — (1) Treason (two required). (2) Perjury (two required). (3) Bastardy and affiliation. Witness must confine himself to facts. Exceptions : — On questions of identification. Evidence of experts (received with caution). Witnesses re character allowed. Dying Declarations. See R. V. Jenlwis, L. R. 1 C. C. E. 187. The declaration must be made by a party who if .he or she had lived would have been a competent witness agahist the accused. {R. v. Pike, 3 C. «& P. 598 ; R. V. PerMns, 2 Moo. C. C. 135.) Dying declarations in favour of the accused are admissible. {R. v. Scaife, 1 Moo. R. 551.) 64 BRIEF AIDS TO CRIMINAL LAW. The declaration to be admissible as evidence must be made by a person fully confident that bis or her death is close at hand, without any hope of recovery or a continuance of life. See R. v. Smith, 16 Cox C. C. 170. " There must be an unqualified belief in the nearness of death, a belief without hope that the declarant is about to die." " No hope of avoiding death." (Kelly, C. B. in E. V. Jenkins, L. E. 1 C. 0. E. 187.) " A settled hopeless expectation of immediate death." (Lush, J.) If a person makes the declarations under the above conditions, the fact that death does not take place until some time afterwards will not render the said declaration inadmissible as evidence. It has been held in E. v. Gen/, 7 C. & B. 230, that if a dying declaration has been taken down in writing and signed by the deceased, secondary evidence cannot be given of its contents. ADDENDUM. By the Sunday Observance Protection Act, 1871 (34 & 35 Vict, c. 87), s. 1 :— "No prosecution or otter proceedings shall be instituted against any person for any offence committed by him under the Lord's Day Act of Charles II., or for the recovery of any forfeiture or penalty for any such offence except by or with the consent in writing of the chief officer of police of the police district in which the offence is committed." INDEX. — ♦ — Abatement, page plea in 55 demurrer in- - - - - - - -55 Abduction, on account of fortune - - - - - -45 under sixteen --_-___ 45 under eighteen -_--._. 46 by force --______ 45 Aboetion, " noxious thing " - - - - -46,47 Accepting Eewahd. See Jonathan Wilde's Offence. Accessory, only in felony - - - - - - -11 definition of "before" and " after" fact- - - 11 none in treasons or misdemeanors - - - 1 1 Accident, exemption from criminal liability - - - 8 Accidental homicide - - - - - - -41 Accomplice, dying declaration of 00 Accusation. See Indictments. Accused, presence, need of, in trial for felonies - - - 3 not so in misdemeanors ----- 3 Accusing of crime. See Threats. Acts, overt act -----___ 13 Lord Campbell's Act _----_ 27 Fox's Act --- 28 66 INDEX. Acts — continued. page Slander of Women Act - - _ . _ 28 Newspaper Libel Act - - - - - -27 Explosive Substances Act - - - - - 63 Army Discipline Act ------ 63 Merchant Shipping Act - - - - - 63 Criminal Law Amendment Act - - - - 63 Conspiracy and Protection of Property Act - - 63 Evidence Further Amendment Act - - - 62 Summary Jurisdiction Act - - - - - 57 Common Law Procedure Act - - - - - 62 Felony Act --------2 Eiot Act --------25 Corrupt and Illegal Practices Prevention Act - - 23 Act of Settlement - - - - - - 14, 15 Criminal Evidence and Practices Amendment Act - 62 Actual Burning. See Arson. Adheeency to Sovereign's enemies - - - - 14 Adult. See Summary Jurisdiction Act. Advertising for retm-n of stolen property - - - 24 Affiliation, two witnesses required - - - - 63 AiTiRMATiON, when allowed ------ 62 Affray -------- 24, 25 Age of discretion --------6 Agent. See Embezzlement. Agreement. See Conspiracy. Aiding prisoner to escape - - - - - 21,22 " Alias." See Process. Altering. See Forgery. Ambassadors, violation of privilege of - - - - 12 Apostacy - - - - - - - - -17 Arraignment --------55 Array, challenge to the -------56 INDEX. 67 Arrest page by warrant ------- 49, 50 by summons ------- oO, 51 Arson, definition of the intent to defraud- - - - 40 Asportation ---------33 Assault ---------45 Assembly, unlawful --_-____ 25 riotous ---------25 Assize, justices of- - - - - - - -14 Attempt, definition of- - - - - - - -5 to commit a crime -------5 a burglary. See Burglary. a murder (sometimes a felony) - - 5 to influence jurymen ------ 24 Autrefois acquit ---------55 attaint ----- ---55 convict ---------55 Backing a warrant - -------51 Bail, who may baO. __----- 51 when refused- _-----_ 51 Bailee ----------33 Bailey, Old, piracy tried now at - - - - - 12 Bailment --_-_---- 34 Banks, embezzlement by oflBcers of - - - - 35, 36 Bar, trial at- - - - - - - - -55 Barn, lodging in- - - - - - - -21 Barratry --------- ii3 Battery ---------45 Bawdy House. Seo Brothd ; Disorderli/ House - 10,20 68 INDEX. Begging. See Vagrancy. page Behaving indecently, prostitutes - - - - - 20 Best evidence __---_-- 58 BlGAJVTY, definition of- - - - - - - -17 seven years' rule - - - - - - -18 ■when second marriage is not a felony - - - 18 BrRTH, concealment of- - - - - - -47 Blasphemy __------- 17 Bludgeon. See Poaching. Bodily Harm, grievous -------45 Boxing. See Prize Fighting. Breach of Prison --------22 Bread. See Abortion. Breaking. See Burglary. Breaking Bulk. See Bailee. Bribery at elections -------23 Bridges- -__-.---- 20 Burden of Proof --------61 Burglary, definition of- - - - - - - 37 — 39 place -------- 37 — 39 time -------- 37—39 breaking -___-_- 37 — 39 entering ------- 37 — 39 when -------- 37 — 39 what constitutes a breaking - - - - 37 — 39 constructive breaking ----- 37 — 39 differs from housebreaking - - - - 37 — 39 Burning. See Arson. Buying Coin. See Coining - - - - - 15, 16 INDEX. 69 PAGE Capias ad RESPONDENDinsii ------ 54 Cards. See Gaming. Carnax Knowledge. See Rape ; Ahdudion. Carriage, Railway, in motion, a public place- - - 21 Carry away. See Larceny. Cattle, rescuing -------- 22 Cellar Flap. See Burglary. Certiorari, writ of __--_-- 53 Challenges, for cause -____--_ 56 principal --------56 for favour --------56 to polls ---------56 principal or for favoiu" ------ 56 peremptoiy --------57 Champerty ---------24 Chancellor, slaying tlie - - - - - -14 Character, evidence of. See Stolen Goods. Child, definition of, in Summary Jurisdiction Act - - 57 Chimney. See Burglary. Christiaj^ity. See Apostacy ; Blasphemy; Heresy - - 17 ClRCmiSTAI^TIAL EVIDENCE ------ 58 Clerks, embezzlement by - - - - - 35, 36 Coinage Offences, counterfeiting - - - - - - 15, 16 exporting - - - - - - - 15, 16 uttering ------- 15, 16 buying -------- 15, 16 selling -------- 15, 16 uttering spurious - - - - - - 15, 16 making tools, &c. - - - - - - -16 possession - - - - - - - -16 colouring - - - - - - - -16 defacing --------16 INDEX. CoMMAisT). See Warrant. page Commencement of Iitoictment - - - - - 52 Common Bakratry. See Barratry. Common Nuisance. See Nuisance. Compassing death of Queen, &c. - - - - - 13 Competency of witnesses ------ 62 Complaint. See Warra^it. Compound Larceny distinguished from simple - - 32 Compounding a Felony, theft bote -------- 24 Jonathan "Wilde's ofience - - - - - 24 Compulsion, by outward force - - - - - - -6, 9 state - - - - - - - - -6, 9 Concealment of birth -------47 of treason. See Misprision of Treason - 15 Confessions -------- 60, 61 Conspiracy, of two at least -------30 to murder --------44 Constructive. See Principal. Correction, homicide by, 44. Counterfeit Coin. See Coi7i - - - - 15, 16 king's great or privy seal - - - - 14 money, introducing ----- 14 Counts. See Indictment. Credibility of witness. See Witness. Crime, definition of- - - - - - - "1 classifications of- - - - - - 1, 2, 3 exemptions from ------ 5 — 10 essentials of- - - - - - " -4, 5 Cross Bow. See Poaching, INDEX. 71 PAGE Custody, definition of---- ---33 Cuticle, Skin. See Wounding. Dead Body. See Concealment of Birth. Deception, confession obtained by. See Confessions. Declarations, dying -------- 63, 64 when admissible ------ 63, 64 in favour of accused ----- 63, 64 Defacing Coin -------- 16 Defamatory letter to wife, re husband, constitutes a publication. See Libel. Defilement of women. See Threats. Demanding with menaces. See Threats. Dementia. See Insanity. Demurrer. See Pleas. Dilatory pleas --___--- 55 Discretion. See Infancy. Disease, exposing a person infected with - - 20 Disorderly house ------- 10, 20 "Distringas." See Indictment. ' ' DoLl iNCAP^iX." See Infancy. Driving, furious --------20 Drovers. See Profanation of Sabbath Day. Drunkenness - - - - - - - -7i8 Duress ----------9 Dwelling-house, larceny in - - - - - - 34 Dying Declarations - - - - - - 63, 64 Eaves Dropping --------20 Eighteen, Queen's issue under - - - - - 15 Eldest Son of Sovereign - - - - - -13 Elections, bribery at ------- 23 72 INDEX. Embezzlement, page by officers of savings banks - - - - 35, 36 ■what it consists of - - - - - - 35, 36 definition of clerk or servant - - - - 35, 36 Embracery ---------24 Enemies. See Treason; Murder. Entry. See Burglary. Escape --------- 21, 22 Essentials of a Crime - - - - - - -4, 5 Evidence, definition of- - - - - - - -58 circumstantial --___-- 58 best to be given -------58 presumptive --------59 hearsay __-_---- 59 oral ---------58 burden of proof on prosecution, exceptions to this - 61 Exaggeration or Puffing. See False Pretences. Excusable Homicide, se defendendo - - - - - - -41, 42 by accident - - - - - - - 41, 42 by correction -------44 Exemption from criminal liability - - - - 5 — 10 Expectation, of immediate death. See Dying Declarations. Exporting counterfeit coin ------ 16 Exposing, one's person --------21 obscene prints - - - - - - -21 Express Malice --------5 Extort. See Threats. Eyre, justices in- - - - - - - -14 Fact, presumption of- ------59 one witness required to establish exceptions - - 63 INDEX. 73 False Pretences, page must be of an existing fact - - - - - 37 difference from larceny ------ 36 Fear. See Robbery. Felonious Homicide. See Murder. Felony, derivation of word -------2 differences from misdemeanor - - - - 3 compounding a- - - - - - -24 misprision --------24 "Fiat." ^qq Lihel. Finding, larceny by -------33 Fire. See Arson. Flame. See Arson. Food, adulteration of ------- 20 Force. See Bobbery. Forcible Knowing. See Bape. Forgery, maJo anhno -------39 Form of Indictment -------34 Function, of judge --------62 of jury ---------62 Furious Driving --------20 Game. See Poaching. G^VMING, in public places - - - - - - -21 General Issue, " giiilty " or " not guilty." See Pleas. Goods, Stolen, guilty knowledge ----- 3o Great Se^vl, King's, counterfeiting - - - - 14 Grievous Bodily Harm ------ 45 Guilty Knowledge. See Intention. in stolen goods -------35 K. B 74 INDEX. PAGE Handwriting, proof of - - - - " - 61, 62 Hare. See Poaching. Hearsay Evidence, definition of -------- ^9 wlien received - - - - " - 59, 60 Heresy -------"""' - 19 Highways -----"" Highways and Bridges ------ 19 Homicide, in self-defence - - - - " - 41, 42 justifiable -------- excusable -------- - 42 felonious ------ suicide --------- 42 murder -------- 42 manslaughter """"""". involuntary -------- voluntary ------- 42, 43 by correction- ------- by neglect of duty- ------ 44 Horse Eaceng, unlicensed ------ 20 House, setting fiire to. See Arson. House Breaking, distinguisbed from bui-glary - - 39 House, Dwelling, larceny ina- - - - -34 Husband's Evidence. See Witness. Idiot. See Insanity. Idle and Disorderly Persons ----- 20 Ignorance, of law --------- of fact --------- Imagining. See Treason. Impairing Coin -------- INDEX. 75 Implied M.vlice. See Murder. page Importing counterfeit coin - - - - - - -16 foreign counterfeit coin - - - - - -16 Incorrigible Eogues. See Vagranaj. Indictment, definition __------ 51 parts of ------- 61, 52 where tried --------53 form ---------04 defendant not charged in one count with two or more offences --------52 several defendants in same indictment - - - 52 two or more not jointly indicted for perjury - - 52 blasphemous or seditious words - - - - 52 number of offences in different counts, at law - - 52 in practice - 52 for what an indictment lies - - - - - 52 indictment for misdemeanor - - - - - oL felony charged different ways in several counts - 52 nolle prosequi - _------>)- Infancy ---------6 Information ---------53 Insanity - - - - - - - - -6, 7 Intending. See Treason. Intention, definition of- - - - - - " ' "^ in abortion - - - - - - " -■»' guilty knowledge _------'* Intoxication. See Drunkenness. Involuntary Homicide - - - - - - --13 Joinder of Counts. See Indictment. Joinder of Defendants. See Indictment. Judge, functions of _-_---- o- e2 76 INDEX. PAGE Jttdges, slaying tlie ------- 14 Jury, functions of- - - - - - - -62 prisoner may address the, in treason - - - 15 Justifiable Homicide - - - - - - -41 JusTiPiCATiON. See Libel. EiiiLlNG. See Homicide. Killing Game. See Poaching. King, offences against. See Treason. Knowledge, Cajrnal, rape ---------46 abduction 45, 46 Knowledge, Guilty, stolen goods --------35 abortion. See Intention. Larceny, definition of- - - - - - - -32 simple ---------32 compound --------32 ownership --------32 custody --------33 possession --------32 asportation --------33 by finding --------33 by trick -------- 34 by bailee - - - - - - - 33, 34 by mistake --------34 in a dwelling-house ------ 34 in ships or wharves ------ 34 distinguished from embezzlement - - - - 36 Letter. See Threatening. Levying War against the sovereign - - - - 13 Libel, definition of- - - - - - - -26 Campbell's Act -------27 Fox's Act --------28 INDEX. 77 Libel — conUmied. paok Newspaper Libel Act ------ 27 duty of prosecution _----_ i>,s privileged communication - - - - - 127 difference between libel and slander _ - _ -js truth --------- 2t; Lotteries --------- 20 Lunatic. See Insanity. Madness. See InsaniUj. Magistrate, wan-ant - - - - - - - 49, .jil summons ------- 49, oO bail --------- o<> confession before a - -- - - - -61 Maintenance- -------- 2.i Maxice, definition of- - - - - - - -"Ij^ express ---------5 implied ---------i> " Maxo Antmo." See Forgery. Manslaughter, voluntary ------- 42, 43 involuntary - - - - - - - 42, 43 Manueactures, offensive - - - - - - 2(t Maeri AGE of Queen's issue under eighteen - - - l.> Materiality --------- 23 Mayhem --------- -ib Menaces. See Threats. Misadventure. See Homicide. Miscarriage, attempt to procure - - - - 40. 47 Misdemeanor, meaning of - - - - - - - - -. 3 difference from felony ------ 3 Misfortune ---------■'< e3 78 INDEX. MiSPBISION ^^^^ of treason -------- lo of felony 24 Mistake or Ignorance - - - - • - -8, 9 larceny by -----""" ^^ Modern Treasons- - - - - - " 14, 15 Murder, 49 definition -------- t-^ attempt to- 4. _ - - - 44 conspiracy to - - - - " Neglect, homicide by- " Nolle Prosequi." See Indictment. Noxious Thing. See Abortion. Nuisance, private -------- 18, 19 public -------- 18, 19 Number of Witnesses. See Witness. Oath. See Perjury. Obscene Prints, exposing - - - - - -21 Obtaining Money, &c. by false pretences - - - 36 Offence, against religion - - - - - - -1" public morals ----- 17—21 coinage- - - - - " " - 15, lb against law of nations - - - - - -12 against Queen and Government - - - 12—15 against public justice ----- 21 24 against public peace ----- 24 29 against public trade - - - - - 30, 31 Jonathan Wilde's ------- 24 relating to game - - - - - " 29, 30 by officers of savings banks - - - - 35, 36 against person ------ 45 4b against property of individuals - - - 32 — 40 Onus Probandi --------61 Outlawry ---------54 INDEX. 79 PAOE Outward Force, compulsion by - - - - - 6, 9 Overt Act - - - - - - - - -13 OwNERSniP in larceny ---.-.-32 Parol. See Evidence; Summona - . - - 50, 61 Pedigree. See Hearsay Evidence - - - - 59, 60 Per Infortunum (misadventure). See Homicide. Peremptory Ciiallenge. See Challenges. Perjury, definition of 22, 23 materiality --------23 subornation of ------- 23 oath ---______ 23 Petit Largely. See Larceny, Piracy, definition - - - - - - - -12 where tried - - - - - - - -12 Place, in burglary _---___ 3s Pleas, to jurisdiction -------55 in abatement -------55 special pleas --------55 autrefois attaint -------55 autrefois convict -------55 pardon ---------55 not guilty --------55 Pluries Capias --------54 Poaching - . - 29, 30 Poisoning. See Treason. Polls, challenge to the -------56 Possession. See Larceny. Pound Breacu ___----_ 22 Presumptions, of law ---------59 of fact - - - - 59 rebuttable -------- 59 80 INDEX. PAGE Peestjmptive Evidence -------59 Peetences. See False Pretences. PEINCIPAIi ---------10 Prison Breach --------22 Prisoner, allowing to escape - - - - - - 21,22 aiding to escape - - - - - -21,22 presence at trial -------3 Private Person. See Certiorari. Privy Seal, counterfeiting ------ 14 Prize Fighting --------29 Procedendo, of, writ -------53 Profanation of Sabbath - - - - - -17 Punishment, object of- - - - - - -3, 4 Queen, compassing death of, &c. - - - - 13, 15 Queen's Coin. See Coinage ------ 16 Eabbits. See Poaching. Races, unlicensed horse -------20 Eape, definition of- - - - - - - -46 exemptions from - - - - - - -46 Rebuttable. See Presumptions. Eeceiving stolen goods -------35 Eecent possession. See Stolen Goods. Eescue ----------22 "Eesgest/E ---------60 Eeward, taking, under pretence of helping owner to regain his property. See Wilde's Offence. advertising, for return of goods. See Theft Bote. ElDICULE. See Lilel. INDEX. 81 PAGE ElOT -----__-__ 25 EioTous Assembly -__._._ 05 EOBBERY, definition - - - - - - - 34, 35 violence ----... ;j4^ 35 fear 34, 35 threats -------- 34, 35 EoGUEs AND Vagabonds --.___ 21 EouT ------__._ 25 Sabbath, profanation of- - - - - - -17 Savings Bank, embezzlement by officers in - - 35, 36 Seal, King's, counterfeiting ------ 14 Secondhand Evidence, i.e., hearsay - - - - - - - 59, 60 when admissible ------ 59^ 60 when not admissible - _ _ _ - 59^ qq Se Defendendo, homicide ----- _ 41 Self Murder. See Suicide. Selling counterfeit coin -------16 Sending threatening letters - - - - - 25, 26 Separation of juiy during trial ----- 3 Servant, definition of- - - - - - -36 Setting Fire. See Arson. Seven Years' Eule _----__ jg Ships, stealing from ----_-_34 Simple Larceny. See Larceny. Slander, differences from libel - - - - - 28 Smuggling ---------30 Sodomy ----------48 82 INDEX. SOVEEEIGN, PAGE compassing death of - - - - - 13, 14, 15 to levy war against - - - - - 13, 14, 15 adhering to enemies of - - - - - 13, 14, 15 wounding, &c. - - - - - - 13, 14, 15 eldest son of - - 13, 14, 15 wife of eldest son of - - - - - 13, 14, 15 Special Plea. See Pleas. Stack. See Arson. Standing Mute --------2 State Compulsion --------9 Statement of indictment ------ 52 Stealing Cattle, by Welshmen - - - - - 14 Stolen Peoperty, reception of - - - - - 35 SUBOENATION of perjury- ------ 23 Suicide, sane person must commit - - - - - 44 drunkenness may be a defence for - - - - 44 Summary Jueisdiction ------- b1 Summons - - - - - - - - 50, 51 Sureties. See Bail. Taking. See Larceny. Theft. See Larceny. Theft Bote ---------24 Threatening Letter, to murder - - - - - - - 25, 26 to burn- 25,26 to accuse of crime - - - - - - 25, 26 Threats, to publish a libel -------26 deed made by -------26 defilement of women ------ 26 Time, in burglaiy --------38 INDEX. 83 Tools. See Coining. PAGE Trade, offensive --------20 Treason, Statute of 12—15 compassing death of sovereign, &c. - - - 12 — 15 King's seal ------- 1:> — 15 slaying the justices ----- 12 — 15 slaying chancellor ----- 12 — 15 modem- ------- 12 — 15 poisoning ------- 12 — 15 stealing cattle hy Welshmen - - - - 12 — 15 offences against sovereign or government - 12 — 15 marriage of Queen's issue under IS- - - 12—15 overt acts, what are ? ----- 12 — 15 misprision of - ------ 12 — 15 treason-felony ------ 12 — 15 levying war. See Sovereign, Truth, in libel --------2(5 Turnpike Eoads - - - - - - - - 2