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MISDEMEANOUR-continued.

for, in stealing fish in garden, 96
for, in stealing fish generally, 96
for, in stealing plants, 96

for, in an attempt to steal from the person, for want of sureties,

98

for, in receiving bank-note stolen from letter by person in post-
office, 99

for, in receiving goods, principal felon not being convicted, on
29 Geo. II. c. 30. s. 1. 102

for, in knowingly receiving stolen goods, the principal felon not
having been convicted, 103

for, in having blank forged notes in custody with intent to
utter, 106

for, in having in possession forged stamps, 106

for, in producing forged discharge to defraud commissioners
of hospital, 108

for, in attempting burglary, 113

for, in attempting to break open house, 113

for, in breaking and entering house with intent to steal, 113
for, in entering workshop with intent to commit felony, 114
for, on high seas, 115

for misdemeanour for trial upon plea of not guilty for want of
bail by court of K. B. 211

record of judgment at general quarter sessions for Lancashire
of imprisonment of defendant convicted of a misdemeanour
in receiving stolen goods, 377

MISNOMER, See "PLEAS."

plea of surname and addition, 520

of christian name, 521

entry of plea of wrong addition of place of abode, 521
another form, 522

plea that defendant is an Earl, and not described as such, 523
that defendant is not described with any addition of degree
or mystery, 524

entry of plea in abatement for want of addition of degree to an
indictment removed into B. R. 525

plea in abatement of a writ of appeal, that there is no such
parish as the one named in it, 525

MITIGATION,

affidavit of defendant in, of punishment or fine relative to re-
moving a nuisance to river Thames, 361

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that an affidavit may be taken off file of Court of Chancery, to
be sent to grand jury, 186

notice of for judgment to defendant and his bail on indict-
ment, 360

like on prosecutions by information, 361

defendant's notice of his appearing to receive the judgment,

361

prosecutor's notice of, for judgment of court on defendant, 500
notice of, for information, 503

affidavit, service of notice of, 504

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MURDER.

warrant of admiralty commissioner to apprehend on suspicion
of on high seas, 18

examination and confession of prisoner on charge of, before
mayor of Bristol, 41

commitment for murder by giving mortal wounds, 90

special commission for trying Lieut. Col. W. for, beyond seas,
like for trying S. for, of H. G. at Lisbon, 153

[152
like for trial of De Pardo for murder of H. B. in China, 154
judgment against Lawrence, Earl Ferrers, for, 367
judgment for, hanging and dissection, 367

verdict not guilty of, guilty of manslaughter, 368

entry of judgment for defendant on special verdict on indict-
ment for, 376

record of conviction and judgment for at assizes, 389

writ of execution upon a judgment of, before king in parlia-

ment, 460

judge's order to hang convict for, near the spot where murder
was committed, and in chains, 462

MUTE,

juror's oath to try whether prisoner stands obstinately, 268
and 9

oath to witnesses to try whether prisoner stands obstinately,
269

form of finding of jury that prisoner stands obstinately, 269
form of finding that prisoner is, by visitation of God, 269

NAVAL STORES,

N

ancient and general forms of judgment for concealing, 571

NIGHT,

commitment for going armed in, with offensive weapon with
intent to assault some one, 82

NIGHT-WALKING,

commitment for, 87

against prostitute for walking the streets, 87

NOLLE PROSEQUI,

affidavit of action depending for some cause in order to apply
for, 275

NON-APPEARANCE.

commitment on indictment upon certificate of defendant's
non-appearance, 210

NOTICE OF BAIL.

at a judge's chambers on habeas corpus, 126

to indictment found for an assault in S. where indictment
found and certified, and defendant found under judge's
warrant, 206

the like on indictment for keeping disorderly house, 207
notice of bail at judge's chambers on indictment for assault,

207

the like on a bench warrant before a justice, 207

the like before Lord Ellenborough, on indictment in K. B.

NOTICE IN OTHER CASES,

to constable of parish to enter into recognizance to prosecute
for keeping disorderly house, 8

NOTICE IN OTHER CASES-continued.
of pleading guilty to indictment, 267

to prosecute from defendant in custody for assault of his in-
tention to plead not guilty to indictment to be preferred,
and to enter and try his traverse the same session, 273
notice at assizes of plea filed, and that, if issue be joined, &c.
he will try at next assizes, 275

other forms, 273

rule for allowing defendant to withdraw his plea of "not guil-
ty," and plead specially after going down to trial on pay-
ment of costs, 274

rule for withdrawing juror, and that other jurors may be dis-
charged, and for defendant's withdrawing plea and pleading
another, 274

NOTICE OF TRIAL,

prosecutor in K. B. of trial of misdemeanour at sittings after
term, 289

by defendant's clerk in court to defendant's solicitor, that pro-
secutor has given notice of trial for sittings after term in
Middlesex, 289

by clerk of court of defendant to defendant's solicitor of the
countermand of trial, 289

affidavit by defendant's attorney, that notice of trial had been
countermanded by prosecutor after he had been at great ex-
pence in retaining counsel, 289

defendant's notice of intention to try traverse, 290

another more modern form, 291

affidavit of service of defendants, of traverse, 292

order for service of, at clerk of peace's office, 292

notice to put off trial for absence of material witnesses, 293
ditto in K. B. to produce documents of trial of indictment in
K. B. 328

notice of motion for judgment to defendant and his bail to in-
dictment, 360

like on prosecutions by information, 361

like of defendant of his appearing to receive judgment, 361

NUISANCE,

order by consent for not continuing public, and for payment of
fine, 376

NUL TIEL RECORD,

replication of, to plea of conviction of murder pleaded to ac-
tion on promises, 253

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OATHS.

Unlawful,

OATH.

for taking not being forced to do so, 71

for taking and framing at common law, 71

for being, aiding, and assisting at administering unlawful
oath, 72

of foreman of grand jury, 183
the like of other jurymen, 183
the like at sessions, 183

OATH-Continued.

oath to witness before grand jury, 186

of witness to appear at sessions on trial of prisoner, 328
common form of, of witnesses at assizes, 328

another form at assizes of to witness for king, 328
form of, to witness on behalf of prisoner at assizes, 328

at assizes of witness on trial of traverse, 329

form of, to witness who is a Scotch covenanter, 329
mode of administering to Gentoo witness, 29

of interpreter to deaf and dumb witness, 329
of interpreter in general, 329

OBSCENE SONGS AND PRINTS,

commitment for singing, 69

judgment of pillory, and finding security for good behaviour
for publishing, $74

OFFENCE, CRIMINAL.

usual forms of information, 1

before justices, 2

OFFENDER.

search warrant from police office Shadwell, to bring up for
goods stolen on board ship in Thames, 22

to seize offender for coining, 22

ORDER TO BRING UP PRISONER.

at Bow-street to bring up prisoner for further examination, 4

ORDER OF COURT.

for trial in adjoining county of prisoner committed for offence
in county of town corporate, and order for removal of in-
dictment, &c. to county at large, and for habeas corpus, 298
removed by habeas corpus from town of Newcastle-upon-
Tyne, and ordered by that court to be tried here, 298

ORDERS OF JUSTICES, &c.

order of justice of peace to treasurer of county to pay expen-
ces of carrying defendant to gaol, 116

the like in another form, 117

justice's order for costs on a complaint determined by him, 117
justice's warrant to levy said costs, 117

return thereto, 118

justice's warrant to apprehend for such costs in default of
distress, 118

ORDER OF JUDGE,

on removal into next adjoining county for habeas corpus to
bring up and remove prisoner, 298

on coroner for removal of coroner's inquest, &c. where trial
is to be in next adjoining county, 299

OUTLAWRY.

proceedings relating thereto, 212 to 243

venire ad respondendum at sessions of oyer and terminer,

212

venire ad respondendum from oyer and terminer sessions, te
answer indictment for assault, 212

the like at the sessions to answer articles of peace, 212
distringas from justices of oyer and terminer, 212

the like against inhabitants of parish on indictment for nui-
sance, 213

OUTLAWRY-continued.

distringas at sessions, 213

entry of award of venire, 213

entry of award of distringas, 213

capias from oyer and terminer and gaol delivery, on indict-
ment for felony, 212

capias from sessions, 214

capias cum proclamatione in order to outlaw, 214

alias capias, 214

pluries capias, 215

exigent at assizes, 215

another form at session, 215

writ of proclamation at session, 215

supersedeas of exigent, 216

Returns, &c.

return to capias, 216

return of "cepi corpus" to capias, 217

return to alias capias, 217

return to pluries capias, 217

return to exigent of five exactions, and coroner's judgment of
outlawry, 217

return to exigent of five exactions, and judgment of outlawry,

218

return to exigent of two exactions by former sheriff and one
by present, 218

return of one proclamation by former sheriff, who delivered
over writ to present with such return, 219

return to allocatur exigent of 4th and 5th exactions, and judg
ment of outlawry, 220

return to allocatur proclamation of second and third procla-
mation at sessions, and after service at church door, 220
another return to writ of proclamation of three proclama-
tions, 221

record of outlaws at assizes, after two writs of exigent and
writs of proclamation, 222

capias utlagatum, 231

judge's warrant for outlawry, 232

rule for committing defendant to marshalsea, and allowing
writ of error, 232

rule for marshal to bring up defendant to assign errors, 232
writ of error on judgment of outlawry, 233

assignment of error, 233

assignment of errors in an outlawry, no proclamation made,

234

the like of other errors, 26

assignment of errors by hier, an infant, and award of sci. fa. to
tertenants, 237

record of reversal of outlawry of indictment at sessions, 240
writ of error in, 420

assignment of error in that no sufficient information has been
exhibited to ground process upon, that it does not appear
that proclamation has been made at the church, 424

OVERSEER OF THE POOR.

against, for assault on a person entitled to relief on applica-
tion to him to grant it, 92

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