672 APPENDIX. Act of 9 Geo. 4. c. 9. peace may be held at Westminster, not withstanding the sitting of the Bench. The following statute was not known to the Editor till after the part of this work, to which it has reference (Chapter 1. § 5.), was printed. 9 GEO. 4. c. 9.-An Act to enable the justices of the peace for Westminster, to hold their Sessions of the Peace during term, and the sitting of the Court of King's Bench. "Whereas, by the present law of the realm, the justices of the peace, for the city and liberties of Westminster, are not authorized to hold their sessions during the sitting of his Majesty's Court of King's Bench at Westminster, or elsewhere, in the county of Middlesex; and it is expedient that the said justices should have such power and authority for the more speedy trial of offenders and the more effectual dispatch of business; be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords spiritual and Sessions of the temporal and Commons in this present parliament assembled, and by the authority of the same, that it shall be lawful for the said justices of the peace for the city and liberties of Westminster, to begin and continue, or to continue when begun, any session of the peace for the Court of King's said city and liberties until the business thereof shall be finally concluded, notwithstanding the essoign day or other commencement of any term, may happen; or his Majesty's Court of King's Bench may sit at Westminster, or elsewhere in the county of Middlesex, before or at the beginning, or during the continuance of any such session; and that all trials, judgments, proceedings, acts, and things whatsoever, had, made, and done at any such session, and all proceedings, acts, and things whatsoever, in pursuance of such judgments, shall, notwithstanding the happening of the essoign day, or other commencement of any term, or the sitting of the Court of King's Bench as aforesaid, be good and valid in law, to all intents and Commencement purposes: Provided always, that every sessions of the of the sessions. peace, to be held for the said city and liberties, shall commence in the week preceding the holding of each of the Quarter or General Sessions of the Peace for the county of Middlesex. Public Act. "II. And be it further enacted, that this Act shall be deemed and taken to be a public act." INDEX. The References to the Precedents are printed in Italics. ABATEMENT, see "MISNOMER," "PLEAS." Pleas in, rendered useless by 7 Geo. 4. c. 64. s. 19: 331 ACCESSARIES, see" RECEIVERS." Who are, in case of larceny, 158 Receivers of stolen goods are not, at common law, 158 Form of indictment against an accessary before the fact, jointly with Form of indictment against an accessary after the fact, jointly with Punishment of accessaries in cases of larceny, 159 ACCOUNTS OF PARISH OFFICERS, How examined and allowed, 473 Appeal against, 473; see "OVERSEERS." ACTION AGAINST JUSTICES, When trespass will lie, 44 Not when there is a conviction good in form, unless the warrant is Action on the case, 44, 5 Where there is a conviction, 45 Only where malice and want of probable cause appear, 45 Limitation of, 45 Notice of, 45, 6 When necessary, 46 Form of, 46 How indorsed, 46, 7 Tender of amends in, 47 Payment of money into court in, 47 Venue in local, 47 Will not lie for acts done in session, 48 ALEHOUSES,-continued. Time and place of general annual meeting appointed, 10 How adjourned, 10 Appointment by, of Special Sessions for transferring licenses, 11 When county justices may interfere in meeting holden for a town How questions at, to be decided, 13 How party prevented from attending may be licensed at, 15 Fees on licenses granted at, 18 Persons disqualified from being licensed at, 19 Proceedings at, for offences against the tenor of license, 19 May remit complaint of third offence to Quarter Sessions, 20 May bind over constable, or other party, to prosecute at sessions, Appeal from acts of, to Quarter Sessions, 22 How justices of, indemnified against costs, 23 May be closed by two justices, on occasion or apprehension of riot, Form of conviction for offences relating to, 602-5 For selling excisable liquor without license, 603 Against publican for selling liquor to be drunk in other premises than Against a licensed publican for offence against tenor of license, 601 AMENDMENT, In indictments, cannot be made at sessions under Lord Tenterden's In orders of removal, what matters amendable at sessions, 542, 3 APPOINTMENT OF OVERSEERS, see "OVERSEERS." What it is, 416 How differs from certiorari, 416 Incidental authority to adjourn, 416 Distinction in case of orders and convictions, 416, 7 Right of, must be expressly given, 417,8 Steps preliminary to, 418-432 When express notice necessary, 418 When notice in writing unnecessary, 418, 9 When notice dispensed with, 419 Session to which appeal must be preferred, 420 In point of place, 420 In point of time, with respect to the terminus a quo, 421 In point of time with respect to the terminus ad quem, 428 When notice omitted, and appeal dismissed, the right is gone, 431 Trial and determination of, 432-5 Order of hearing, 432 Proceedings on hearing 432, 3 Cannot be given by deputy, 433 Costs on, 435. See "Costs." APPRENTICES, Jurisdiction of sessions in case of, 400 APPRENTICES,-continued. Provision of 5 Eliz. c. 4. s. 35, respecting disputes between mas- ter and apprentice, 400 Construction of act, 401 When sessions may proceed in master's absence, 401 Form of order by two justices for discharging, on complaint of the Form of order for discharging, on his own complaint, 561 Form of order for continuance of, with the representative of his de ARRAIGNMENT, Mode and parts of, 340 Calling prisoner to the bar by name, 340 Reading indictment, 340 Asking the prisoner whether he be guilty or not, 340 Pleas on, 341 Proceedings on plea of not guilty, 341 ARTICLES OF THE PEACE. How consideration of, may come before sessions, 402 Better for justice only to bind over to sessions, 404 Calling applicant for, at sessions, 405 Surety may be continued, though the applicant do not appear, 405 Requisites of articles, 405 Grounds of exhibiting, 406 Fear of bodily harm, 406 Threat of imprisonment, 406 Must not be malicious or vexatious, 406 Not merely because of existing variance, 407 Not for danger to servants or cattle, 407 May be for danger to wife or child, 407 Must shew fear of present danger, 407 Against whom granted, 407 Practice as to continuing surety on, 407, 8 How recognizance on, may be discharged, 408 Not by release, 408 Nor by pardon, 408 Application may be originally made to sessions, 409 Form of warrant to apprehend party against whom the application is On default recognizance certified, 410 ASSAULT, 1. Common assault, what, 170, 1 In what manner may be committed, 171 May include assaults on more than one person, 172 May be adopted as well as a civil remedy, 172 Summary remedy for common assault, by 9 Geo. 4. c. 31. s. 27: 172,3 Certificate of magistrate a bar to further proceedings, 173 Not to be pursued in aggravated cases, 173 Form of indictment for a common assault, 174 Form of summary conviction for, under 9 Geo. 4. c. 3, s. 27: 603 ASSAULT,-continued. Punishment of common assault, 174 2. Assault aggravated by the degree of violence, 174-8 For assaulting and imprisoning a party till he gave a promissory For assaulting a pregnant woman, whereby she was delivered of a For challenging a person and holding over him a drawn sword, 175, 6 For cruelly beating and ill-treating a parish apprentice, and keeping 3. Assault aggravated by the intent, 178, 9 Offence, how punishable under 9 Geo. 4. c. 31. s. 25.; 178, 9 Merged in felony if completed, 179 Form of indictment for assault with intent to ravish, 179 For assault with intent to commit an unnatural crime, 179 4. Assault aggravated by the office of the party assaulted, 179-181 Form of indictment for assaulling constable in the execution of his For assault with intent to obstruct the apprehension of party accused, For assaulting game-keeper in the execution of his duty, 180 For assaulting collector of turnpike toll in the execution of his For an assault on account of money won at play, 181 ASSEMBLY, UNLAWFUL, Law as to, 312, 3 ATTORNEY, Cannot act as justice at county session where he practises, 40 Clerk of peace cannot act as, at sessions, 54 Exempted, while practising, from service on juries, 64 When heard at sessions as an advocate, 82, 3 May practise at sessions if entitled to do so in the courts at Westmin- ster, 83 Not if clerk of the peace, 83 Not if under-sheriff, 83 May not practise at sessions if not admitted and enrolled, 83. Penalty for practising if not admitted, 83 Requisites to admission, 83, 4 Attorney struck off the rolls may not practise at sessions, 84 Attorney convicted of infamous crime may not practise, 84 Fees of, 85 Bills of, 86 Protection of client's communications to, from disclosure, 379 Conviction of an auctioneer for selling by auction, without license, 605 BAIL, Provision of 7 Geo. 4. c. 64. for taking, on charges of felony, 3 Discretion of justices as to taking or refusing, on charges of Examination to be taken before bailing or committing, 3, 4. n. (b) BARRATRY, Offence of, 181 Particular acts of, need not be specified in indictment, 181 Punishment of, 181 |