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BROTHEL; see BAWDY HOUSE

BUILDING,

Breaking, within curtilage, and stealing therein, 264, 268
Form of indictment, 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
secretary of state; see GAOLER

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
if incorrect. R. v. Fearnley, 1 T. R., 316; 1 Leach, 425, S. C.

Single, to all indictments tried at an assize, 199

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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
Jurisdiction of, and of grand jury in, over offences at sea, 178

Possession in Middlesex, &c. of goods stolen out of the jurisdiction of, 179
Supersedes jurisdiction of what sessions, 158, 159

id.

CERTAINTY, 194; see INDICTMENT

CERTIFICATE,

Of magistrate, protection from vagrancy, 607

Operation of, on settlement; see SETTLEMENT OF POOR
Of highway being in repair, 404

Of settlement, 844, et seq.

Of previous conviction for felony, 224, and Form, 249
Of chargeability, 527

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
Of previous conviction or return from transportation, 225

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
Issuing by judge of oyer and terminer, &c., 162

General rules as to obtaining, and causes for which it may be required, 935
Substitutes court above for court below, 948

Is a common law remedy only to be taken away by express negative word-
ing of statute, 614, 948, and not even then, if court below guilty of malver-
sation. Reg. v. Cheltenham, Paving Commissioners, 1 G. & D. 174
Attorney-general may demand it ex officio at any time, 949, 950

But private prosecutor or defendant must move for leave to remove indictment
or presentment by, id.

However, in proceedings merely penal, and appeals on them, private prosecutor
is entitled to it as of right, 950

When clause taking it away may be embodied in new act by reference merely,
id. 949, 950

Removing justices' order made without jurisdiction in order to quash it, not-
withstanding clause taking it away in proceedings had in pursuance of act, 950
When jurisdiction must be denied by affidavit, 951

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
conviction, where no case was reserved, 952, 953

Writ of error remains if otherwise available, 953

Certiorari lies to remove convictions of individual magistrates, 953; lies to
executor, id.

Circumstances under which it will be granted or refused, id.

Form of affidavit in support of motion for certiorari to remove indictment from
sessions, 954

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
merits, 955

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,
941, 955, 956

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
Recognizances required from defendants before removing any indictment by
certiorari, id.

Time of limitation for removing convictions, orders, &c. of justices by-six
calendar months, 959, 960

Exceptions, 960; see Special Case

If obtained in the six months is valid though not used for long after, 950, 951
Six days' notice to justices of motion for such certiorari, how signed, and how
and when to be served, 959-963

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
indictments, and orders of justices, 960

Recognizances necessary for removing judgment or order by defendants,
whether by individuals or a parish, their requisites, 964
Recognizances on removing indictment by, 964

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
committed for trial, id.

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
Consequence of variance between certiorari and records sought to be removed,
965

Return to, its requisites, id.

Must be on parchment, under what seal, 966, signed by what justices, id.
968

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,
id.

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
To Jurors; see PETTY JURY

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
guilty, 251

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
CHARITY MONEY, EMBEZZLING, 286, see EMBEZZLEMENT

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CHEATS AND FALSE PRETENCES; see FRAUDS

1. Cheats indictable at common law are of a public nature, e. g. sale by false
weights &c., 326, 312

Artful device, false token, &c., as well as false assertion, 326

Indictment for selling by false weights and measures, punishment, 327, 328
2. False pretences indictable by statute 7 & 8 G. IV. c. 29, s. 53, 328
What amounts to a false pretence within the statute, id.

May be by acts without words, 329

Uttering as good a bank note which had been long cancelled, 330
Indictment must set out actual false pretence, exceptions, 333, 225
Points as to indictment and evidence in support of it, 333

Secondary evidence may be given, if writing containing the false pretence
is lost before trial, id.

If false pretences charged, and larceny proved, the misdemeanour is not
merged in the larceny, and prisoner is not to be acquitted, 328, 338,
192

Forms of indictments :—

For obtaining goods from tradesman under pretence of being servant to
a customer, and sent by him for them, 333

For obtaining goods by giving a check on bankers for payment of money,
knowing it to be worthless, 334

For falsely pretending to attesting justice and recruiting serjeant that
party was not apprentice, and obtaining money to enlist, 335

Against member of a benefit club for obtaining the money of the club
by false pretences, 336

For obtaining more than the sum due for the carriage of a parcel by
producing a false ticket, 337

Trial for false pretences under the act protects from subsequent prosecution for
larceny, 328

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
and Egton Overseers, 6 Ad. & E. 863

Signature by single churchwarden unnecessary where two overseers sign, 755
Signature by, of grounds of appeal against order of removal, id.

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
May execute office by deputy, id.

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
there, 107

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
tried, to Home Department, 108

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
Addenda

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
parliament, 112

Delivering copies of indictments to prisoners, 475

Mandamus and certiorari to justices are served on him, but he cannot return the
latter, 105

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