BROTHEL; see BAWDY HOUSE BUILDING, Breaking, within curtilage, and stealing therein, 264, 268 Stripping summer-house of lead, 271 Church is a "building" as regards stealing metal fixed to, 273 BULL BAITING, 448 BURGLARY, 208; see DWELLING HOUSE BURIAL; see CORONER BURNING; see FIRE CALENDAR OR ALMANACK, What, 120. See 19 G. III. c. 74, s. 70 Of prisoners, with crimes and sentences, to be transmitted after each session to CALLING, Party on recognizance; see RECOGNIZANCE CANALS, Stealing on, 182 Rating to poor, 673, 680, et seq. CANTHARIDES; see ASSAult CAPIAS, After bill found for felony, 228 Form of, id.; see OUTLAWRY Issuing capias pro fine by sessions, 588 CAPITAL FELONIES, Were not usually tried at quarter sessions, 160, 303, 167 CAPTION, Of indictment, naming grand jurors in, 71, 73, 187, 199, 202 Of sessions, 71, 520 On adjournment of sessions, 71, 910 Of indictment states jurors who find the bill, 202 Of indictment returned on certiorari by quarter sessions may be demurred to Single, to all indictments tried at an assize, 199 Killing, maiming, or wounding, 303 This term, if used singly in a statute, includes oxen, horses, pigs, and asses, CAUSING, An offence to be done, 218, 223; see 237 CENTRAL CRIMINAL COURT, Not to affect holding sessions for London, Middlesex, &c. &c., 68, 953 Possession in Middlesex, &c. of goods stolen out of the jurisdiction of, 179 id. CERTAINTY, 194; see INDICTMENT CERTIFICATE, Of magistrate, protection from vagrancy, 607 Operation of, on settlement; see SETTLEMENT OF POOR Of settlement, 844, et seq. Of previous conviction for felony, 224, and Form, 249 Of indictment found, so as to obtain warrant for apprehending offender, 230; see BENCH WARRANT, 725 Of conviction or dismissal of complaint for assault; see ASSAULT Of magistrates, exempting from vagrant law, 607 Evidence of, see 8 & 9 Vict. c. 113, in Addendum to p. 518 CERTIORARI, Is served on clerk of peace, but returned by justices, 105 When requisite to enable sessions to send indictment to assizes, 162; see 161 General rules as to obtaining, and causes for which it may be required, 935 Is a common law remedy only to be taken away by express negative word- But private prosecutor or defendant must move for leave to remove indictment However, in proceedings merely penal, and appeals on them, private prosecutor When clause taking it away may be embodied in new act by reference merely, Removing justices' order made without jurisdiction in order to quash it, not- If certiorari is taken away, mandamus will not lie, id. Clause taking away certiorari, how neutralized on habeas corpus, id. Justices in sessions must obey it if served on them before jury sworn, 952 No costs incurred at sessions after issue of the certiorari are allowed, 407 Too late to move for, after judgment given on indietment, or on appeal against Writ of error remains if otherwise available, 953 Certiorari lies to remove convictions of individual magistrates, 953; lies to Circumstances under which it will be granted or refused, id. Form of affidavit in support of motion for certiorari to remove indictment from Affidavit, how entitled, id. 955 Poor's rate cannot be removed by, id. 954 Not granted so as to prevent appeal by either party to sessions, id. Does not lie where appeal is given, and objection is not to jurisdiction but to Rule for, how granted in term or vacation, 955, 956 Only lies to remove judicial acts, id. Showing cause in first instance against motion for, 956 Indictment, order of sessions, and original order of justices may be removed, Recognizances for removing indictments against defendants, 956 These acts only extend to indictments at quarter sessions, id. Preventing prosecutors from vexatiously removing indictments by certiorari, 957 CERTIORARI-continued. Obtained by one of several defendants removes the indictment as to all, 958 Time of limitation for removing convictions, orders, &c. of justices by-six Exceptions, 960; see Special Case If obtained in the six months is valid though not used for long after, 950, 951 Requisites of such notice, 962 Certiorari can only issue at instance of the party giving the notice, 952 Rule as to six days' notice of moving for certiorari, when does not extend to Recognizances necessary for removing judgment or order by defendants, One of several defendants may remove indictment by certiorari, id. Certiorari to remove county rates, 965 Form of notice to justices of motion for, 960 Form of writ to justices to remove information, depositions, &c. against a party Form of writ of certiorari to remove indictment, 961 When certiorari is signed by a judge and when fiat for it only, 966 Affidavit of service of the notice must show service on what justices, 962-964 Return to, its requisites, id. Must be on parchment, under what seal, 966, signed by what justices, id. Practice on, 966 Form of return to certiorari of record of indictment from a session, 967 Caption of indictment on, id. Form of return of an order of session confirming a conviction, id. Form of such return from a single justice, 968 Return to be forwarded to the crown-office, with what orders or special case, Ulterior proceedings in crown-office on, 969 Costs on certiorari by defendants to remove indictments, 970 CHAIRMAN OF SESSIONS, Has no casting voice, 654 Charge of, to grand jury; see GRAND JURY Summing up of criminal case by, 567 CHALLENGE (TO BREAK THE PEACE), 325, 308, 309 Indictment for sending a challenge enclosed in a letter, 325 CHANGE, Embezzling by servant, 288 Converting money, &c. sent to procure, is larceny, id. Of circumstances, 854; see Addendum to 734, 5 Q. B. 502 CHANGING nature of property stolen by breaking it, &c., 179; see MIXED GOODS CHANNEL ISLANDS, Larceny in, 180 CHAPEL, Means of Established Church, 304, see DISSENTERS; but qy. 693 CHARACTER, Giving evidence of, entitles crown to prove previous conviction before verdict of Effect of evidence as to, discussed, 563 CHARGEABILITY, 849; see CERTIFICATE, NOTICE Chargeable, not convertible with "able to work," Morten, in re, 5 Q. B. 591 CHEATS AND FALSE PRETENCES; see FRAUDS 1. Cheats indictable at common law are of a public nature, e. g. sale by false Artful device, false token, &c., as well as false assertion, 326 Indictment for selling by false weights and measures, punishment, 327, 328 May be by acts without words, 329 Uttering as good a bank note which had been long cancelled, 330 Secondary evidence may be given, if writing containing the false pretence If false pretences charged, and larceny proved, the misdemeanour is not Forms of indictments :— For obtaining goods from tradesman under pretence of being servant to For obtaining goods by giving a check on bankers for payment of money, For falsely pretending to attesting justice and recruiting serjeant that Against member of a benefit club for obtaining the money of the club For obtaining more than the sum due for the carriage of a parcel by Trial for false pretences under the act protects from subsequent prosecution for Restitution of goods obtained by false pretences, 338 CHECK; see CHEATS, SECURITIES Drawn out of distance, 531, 260 Subject of larceny, 288 Drawn on banker where drawer has no cash, 331 Indictment for giving such check, 334 Drawn payable to person named and not to bearer, 332 CHESTER, Trying offences in, 163 CHILD; see BASTARD, CONCEALING BIRTH, CRUELTY Assaulting with intent to ravish, 321, 322 Form of indictment, 322 n. If child under 10 consent, offender must be either convicted of the felony or altogether acquitted, 322, 584 CHILD-continued. A witness, 533 Describing clothes, &c. stolen from ownership of, 216, 256 Ill treating; see APPRENTICE Employing to steal goods, 237 Removing to settlement, 712, 713 Laying name of in indictment, 214 Indicting child between 7 and 14 years old, 558, Liability of child for not repairing bridge, 399 CHIMNEY SWEEPERS, 772 CHURCH AND CHAPEL WARDENS; see OVERSEERS Of township are not overseers of poor. Reg. v. North Riding of Yorkshire Signature by single churchwarden unnecessary where two overseers sign, 755 Of parish, overseer for whole parish, 718 CHURCH; see BUILDING CINQUE PORTS, Alehouse licensing in, 27 CLAIM OF RIGHT, Defence in larceny, 248 CLERGYMAN, Assaulting and obstructing in burial of dead; see ASSAULT CLERICAL ERRORS, 219, 228 CLERK OF THE PEACE, Office of, described, 104 Is clerk of quarter sessions, appointed by custos rotulorum for life, 105 His office not saleable, or to be purchased, id. Why and how suspended or dismissed, 106 Oath of office, and other oaths, id. General duties, issuing processes, &c., attending sessions, and in actual course Obligation to draw indictments, and responsibility for them, id. Taxing bills, &c. by, id. No longer bound to certify convicted felons, or make annual return of parties Neither he nor his deputy may act as an attorney in the sessions, id. Fees of, on indictments for felony, id. Table of, how made and confirmed by sessions and exhibited, id.; see Extortion by, 109 He must enter whatever court shall order, id. Remedy for fees is by action only, id. Duty as to fines, recognizances, estreats, &c., id. Delivering roll of fines, recognizances, and estreats to sheriff; and duplicate to court of exchequer, 110, 111 Duty as to laying prison rules before justices, 111 Duty in preserving or enrolling documents under act or standing order of Delivering copies of indictments to prisoners, 475 Mandamus and certiorari to justices are served on him, but he cannot return the |