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ATTORNEY-continued.

Exempted, while practising, from service on juries; see JURORS

May practise as such at sessions if on the roll of a court at Westminster, but
not otherwise, 153, 154

Not if clerk of the peace or under-sheriff of same county or place, 153
When heard at sessions as an advocate, id.

Bills of,

For business done at sessions, taxable in queen's bench, 155, if in parish
business, by clerk of peace, 107

Protection of client's communications to, from disclosure, 545

Signing notice,

Of motion for certiorari, 962

Of appeal against order of removal, 744, et seq.

Of application in bastardy, 1016, or addenda.

ATTORNEY-GENERAL, 395

AUCTION,

Conviction of an auctioneer for selling by auction, without licence, 914

AUTERFOIS ACQUIT, 479

AUTERFOIS CONVICT, 480

How proved by record, 475

BACKING; see BENCH WARrant, Warrant

BAILING,

Prisoner after bill found, 184

BAPTISM; see REGISTER

BAIL, (or bailment of prisoner),

Power of two justices to take bail in felony, 9, 10
Discretion of justices as to taking or refusing, id.

Examination of prisoner and information, i. e. depositions of witnesses, to be
taken in writing before bailing or committing, id.

Quære, bailing prisoner after bill found, 184

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Goods, &c. stolen from his possession, how described in indictment, 216
Distinguishing his possession from a servant's, id.

Owner of goods stealing from his bailee, 255

Having special property so as to support indictment for larceny, as laundress,
agister, &c., 256

Whether bailment determined before felonious act, 244

BANKER; see EMBEZZLEMENT, CHECK

BANK NOTES,

Utterring cancelled bank note as good, 329

Describing in indictment for stealing them, 259, et seq.

BANNERET, 91

BARONET, 203, 204

BARRATRY,

Offence, indictment and particular of, 324, 217

BARRISTER,

How may obtain pre-audience at sessions, 152
What barristers usually practise at sessions, 153
His right to act in cases of summary conviction, 13

Duty of, in opening case for prosecution, 494, et seq.

When called upon to elect on which charge he will proceed; see ELECTION
Should not question witnesses as to their religious opinions, beyond their belief
in a future state of retribution, 535

Should not take any subordinate share in a trial, e. g., by examining witnesses
for a defendant, leaving him to address jury, 151

When counsel for a prisoner may object that there is no case to go to the
jury, 556

Defendant's counsel may now address the jury in all cases, 13

Right of reply for prosecution, if evidence be given for defendant, or opened in
the speech of his counsel, 565, 566; see TRIAL

This right exists in every prosecution for felony instituted by law officers of
crown, 566

Retainer of, when cannot be shown in evidence, 547

Several defending several prisoners in what order to address jury, 557

BASTARD AND BASTARDY,

Settlement of bastard; see SETTLEMENT

Removal of; see REMOVAL

Has no right to his mother's name till gained by reputation, 203, 214
Instanced by indictments, 214

Reading examination of deceased mother, on appeal in, 524

Jurisdiction of quarter sessions over bastardy cases, 1014, 1015

Bastardy proceedings are at utmost penal only, 524

Quarter sessions can no longer make original orders in, 1014

Repeal of certain laws as to bastards born after 14th August, 1834, 1015
Securities for indemnifying parishes against children likely to be born bastards
avoided, id.

Consequences of act of 4 & 5 W. IV. c. 76, id.

Present state of law as to affiliating bastards, 1016

Time within which to apply for order of affiliation, 1019

Putative father should be summoned 6 days before petty sessions, 1016, 1017
Adjourning hearing for illness of woman, 1017

Or for other reasons, as absence of putative father, 1019, 1020

Putative fathers may give recognizance to try the charge at quarter sessions, id.
Bastard to follow mother's settlement till 16, or obtaining a settlement in its
own right, 1024

Mother while unmarried or widow bound to maintain bastard, till what events,
id., 1025; see 712, 713

Summoning witnesses, 988, n.

Husband of mother of bastard liable to maintain her bastard, till when, 712,
1025

After the birth, petty sessions may make order on putative father for support
of bastard and costs, and enforce same by distress and commitment, 1017
Hearing and corroborating mother's evidence, id., 1018

Appeal to quarter sessions by putative father, 1019

Giving recognizances, 1020

How appeal may be abandoned without estreating recognizance, ib.

Evidence at trial of appeal, 1021

Sessions cannot adjudicate that party is not reputed father, id.

Money payable under order payable to mother; or in case of her death, insa-

nity, imprisonment, &c. &c. to a person appointed by justices, id.

Order is at an end after child attains 13, or at its death, or its mother's mar-
riage, id., 1022

Punishing mother for neglect or desertion of bastard, 1022

Officers of parishes and unions not to interfere, id.

BASTARD AND BASTARDY-continued.

Proceedings against putative father if mother dies or is incapacitated, 1022
Punishment of officer of union, &c.; procuring marriage of mother of bastard,
or misapplying money, or maltreating bastard, 1023
Existing orders saved, id. and declared valid in law, 1024

Orders made before 14th August, 1834, when to cease, 1023

Orders of justices when good, though not made in county in which parish in-
terested in the order is, 1023

Annual return of bastardy summonses, &c., id.

Proceedings had under 7 & 8 Vict. c. 101, how affected, 1024

Mother's remedy after an order made before 8th May, 1845, is quashed on
appeal, id.

Estreating recognizance of putative father by moving for certiorari to bring up
recognizances in order to bring scire facias. Reg. v. David Smith (Q. B.),
8th November, 1844

Soldier on service getting bastard, 1026

Evidence of paternity, 1026

Proof of bastardy, 1027

Formal requisites of the order of filiation, 1028

Costs on birth, 1017

Costs of maintenance down to time of applying to justice, 1018

Costs of apprehension and bringing to petty sessions, id.

Appeal against order of bastardy who to begin, 695

Quashing order of bastardy in part only, 1029

Certiorari to remove order in bastardy, 1030

Settlement of, if born since 14th August, 1834, is where its mother is settled,

713, 714; see SETTLEMENT OF POOR (by Birth)

BATTERY; see INDECENCIES

when justified, 316

BAWDY HOUSE, 217

Keeping, how punished, 423

Costs of prosecuting; see DISORDERLY HOUSE

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Meaning of in pleading, 208

BENCH WARRANT; see CAPIAS, also 101, 144

Right to, in felony and misdemeanour after bill found, and while court is sitting,
230

Kindred remedy by certificate after court risen, id.

Distinction where party is or is not under recognizance to appear at the session
at which the indictment is found, id.

Renewing and backing, 231

On articles of peace exhibited, Form of, 603; see 229

BENEFICIAL OCCUPATION,

In order to rating to poor; see POOR'S RATE

BENEFIT OF CLERGY, 539, 579

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BIGAMY, 183, 214

Not triable at sessions, 158; see SETTLEMENT BY MARRIAGE

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BOROUGH,

Exclusive trading in, 24

County gaols, &c. in, 164

When county sessions have jurisdiction in, 165
Recorder; see post, BOROUGH Quarter SESSIONS
Justices of borough,

Have now no jurisdiction to try offences, 1, 167
Must reside within seven miles of borough, 3

Authority in borough, when concurrent only with that of county jus-
tices, 3, et seq.

Committal by, to county sessions, 167

Boundaries of, 164, et seq.

Rates in nature of county rates,

Cannot be levied in boroughs by recorder or justice, but by town
council only, 6

Remedy for misapplication, 7

No appeal against, but certiorari lies, id.

Borough rate and fund,

Appeal, 6, 7

Appeal against in parish partly out of borough, 3, 4

Local acts,

In places heretofore part of boroughs, or in boroughs which no longer
have sessions, are executed by county sessions, 164, 165

County sessions,

Jurisdiction of, in boroughs where holding sessions is discontinued,
or never took place, 165

No part of any borough for which a separate quarter sessions is held
is within the jurisdiction of county justices, if such borough was
exempt from it before 5 & 6 W. IV. c. 76, (id. s. 111,) id.
Power of, where no such separate grant of quarter sessions, 167
Commitment by borough justices to county sessions, id.

Boroughs having grants of separate courts of quarter sessions,

Grant of separate quarter sessions to be sent to clerk of peace for
county, 8

Held by recorder as sole judge, 5, et seq. 1000

Power of, to hear appeal

against order of removal made by borough magistrates, 5

against poor-rates, overseers' accounts, and rates in nature of
county rate in the borough, 6, 7

BOROUGH-continued.

Boroughs having grants of separate courts of quarter sessions,

BOUNDARY,

Trial of borough offenders imprisoned in borough or county gaols at
borough sessions, 1009

Appeal from, to county sessions, 643, 628

Power to grant separate quarter sessions and appoint recorders and
clerks of peace in boroughs, 1000
Disabilities of recorders, 1001, et seq.
Deputy recorders, how appointed, 1001
Oaths and declarations by recorder, id.

Time and manner of holding quarter sessions in, id.

Dividing sessions in, 1002

Adjourning sessions in, id.

All criminal jurisdictions in boroughs other than those in 5 & 6
W. IV. c. 76, declared abolished, 1003

Chartered rights to nominate justices in, abolished, id.

Grand and petty juries in, id.

Sheriff, 100

Clerk of peace, town clerk, and other officers, id.
Treasurer, 1005

Contribution to county expenditure by boroughs liable to contribute
to it before 2 & 3 W. IV. c. 64, 1006

Liability of boroughs to expenses of their prosecutions when tried at
county sessions and assizes, 1007

Disabilities of justices in boroughs to act at general quarter sessions,
or at making a rate in nature of county rate, id.

Clerks of justices in such boroughs not to be concerned in certain
prosecutions of, 1008

Coroners and their deputies in, id.

Gaols in, id.

No assessment in boroughs to county rates, if having separate quar.
ter sessions, 1010

Rate in, in nature of county rate, id.

Gaols of counties, &c., how used as gaols of boroughs, 1011

District courts, 1012

Offences against local acts, id.

Cinque-ports, 1013

Of parishes, &c. along or across highways, 44, 410; or by side of water in which
there is a fishery, 374

Of boroughs; see BOROUGHS

Offences on boundaries of counties, or begun in one and completed in another,
181, 209

BRAWLING, 220

BREACH OF PEACE; see CHALLENGE, ARTICLES OF PEACE

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