Restitution when awarded, in forcible entry, 601.

Restitution of stolen property, statute, 585.

Return to writ. See Courts of Record.

Return from transportation, statute, 561; indictment, 563; venue, 19, 563; punishment,
563; evidence, 564.

Revenue officer. See Officer.

Reward in what cases granted to witnesses, 160.

Reward, taking, under pretence of helping to stolen property, statute, 585; indictment, 587;
punishment, 587; evidence, 587.

Riot, 590. Indictment for a riot and assault, 590; punishment, 591; evidence, 591. In-
dictment for a riot and tumult, 592; punishment, 592. Rioters remaining together one
hour after proclamation, statute, 593: indictment, 594; punishment, 595; evidence,
596. Riotously pulling down or destroying any church, chapel, house, stable, coach-
house, out house, warehouse, office, shop, mill, malt-house, hop-oast, barn, granary, or
manufactory, or machinery, or steam-engine, &c., used in mines, statute, 596; indict-
ment, 597; punishment, 598; evidence, 598.

River, bank, or wall, breaking or cutting down, whereby lands are overflowed, &c., statute,
336; indictment, 336; punishment, 336; evidence, 337. Cutting off, drawing up, or
removing piles, chalk, &c., fixed for the security of, indictment, 337; punishment, 337;
evidence, 337.

Road. See Highway.

Robbery, statute, 251; indictment for, with stabbing, &c., 253; punishment, 253; evidence,
53-259. By a person armed, indictment, 259: punishment, 359: evidence, 259: with
violence, indictment, 259: punishment, 260: evidence, 260. Indictment for, 261:
punishment, 261: evidence, 261. Assault with intent to rob, statute 252: indictment,
262: punishment, 263: evidence, 263.

Roots or plants growing in a garden, orchard, nursery ground, hot-house, green-house or
conservatory, stealing, or destroying, or damaging with intent to steal, statute, 210: sec-
ond offence, indictment, 210: punishment, 210: evidence, 211. Destroying or damag-
ing, statute, 348: second offence, indictment, 348: punishment, 349; evidence, 349.
Stealing or destroying, or damaging with intent to steal, medicinal roots, ptants, &c.,
growing elsewhere, 173.

Sea, what, within the jurisdiction of the Admiralty, what, 23, 265: offences on, venue in in-
dictments for, 21.

Sea-bank, or sea-wall, breaking or cutting down, whereby lands are overflowed or damaged,
statute, 336: indictment, 336: punishment, 336: evidence, 337. Cutting off, drawing
up, or removing piles, chalk, &c., fixed for securing, indictment, 337: punishment,
337: evidence, 337.

Seal. Sce Forgery.

Seamen, master of a merchant vessel forcing on shore, or refusing to bring home, statute,
461: indictment, 462: punishment, 463: evidence, 463: mode of trial, 463.

Second felony. See Subsequent Felony.

Secondary evidence, 112.

Security, valuable, what, 213.

Security for money or payment of money, &c., stealing, statute, 213: indictment, 214:

punishment, 214: evidence, 214.

Se defendendo, battery, 444: homicide, 415.

Sedition, 520. Indictment for a seditious libel, 523: punishment, 524: evidence for the pro-
secution, 527; evidence for the defendant, 529. Indictment for seditious words, 531:
punishment, 531: evidence, 531.

Sending explosive substances, statute, 455: indictment, 455: punishment, 455: evidence, 455.
Sentence of death, 251. See Punishment. Murder.

Sentence of the Admiralty Court, how proved, 130: of the Ecclesiastical Court, how prov-
ed, 129.

Servants, embezzlement by, 274: indictment for, 275: punishment, 276: evidence, 277.
Larceny by statute, 193: indictment, 194: punishment, 194: evidence. 194. Larceny
from, 176. A servant may justify a battery, 444: or even homicide, 415: in defence of
his master.

Sessions of the peace, act for defining the jurisdiction of, 69: offences triable at, 69.
Sewers, commissioners of, property under them, how described, 35.

Shuft. See Mine.

Sheep. See Cattle.

Shilling.

See Coin.

Ship, stealing from, in port, or in a river or canal, statute, 249: indictment, 249: punishment,
250: evidence, 250. Plundering or stealing from a ship in distress, wrecked, stranded,
or cast on shore, statute, 226: indictment, 227: venue, 19: punishment, 227: evidence,
227. Impeding a person endeavouring to save his life from a ship in distress or wreck-
ed, statute, 457: indictment, 457: punishment, 458: evidence, 458. Setting fire to a
ship, statute, 318: indictment, 319: punishment, 319; evidence, 319: the like, with
intent to prejudice the owner of the ship or goods, or underwriter, indictment, 320: pun-
ishment, 320: evidence, 320. Destroying a ship with the like intent, statute, 318: in-
dictment, 331: punishment, 331: evidence, 331. Damaging a ship otherwise than by
fire, statute, 332: indictment 332; punishment, 332: evidence, 332. Exhibiting false
lights or signals to bring a ship into danger, statute, 333: indictinent, 333: punishment,
333: evidence, 333. Doing any act tending to the immediate loss of a ship, statute,
333: indictment, 333: punishment, 334: evidence, 334. Destroying any part of a ship
in distress or wrecked, indictment, 334: punishment, 334: evidence, 335. Cutting
away, &c., buoys, &c., or doing any act with intent to cut away, &c., buoys, &c., be-
longing to or attached to, ships, statute, 325: indictment, 235: punishment, 335, evi-
dence, 335.

Shipwrecked goods, being in possession of, 174.
Shooting, murder by, indictment for, 429. Shooting at a person with intent to murder, stat-
ute, 440; indictment, 447; punishment, 447; evidence, 447. Attempting, by drawing
a trigger, or in any other manner, to shoot at a person with intent to murder, statute,
440; indictment, 448; punishment, 448; evidence, 448. Shooting at a person with in-
tent to maim, disfigure, disable, to do some grievous bodily harm, or to prevent or resist
a lawful apprehension or detainer, statute, 450; indictment, 454; punishment, 454;
evidence, 454. Shooting at officers in the army, navy, or revenue, in the exercise of
their duty, statute, 467; indictinent, 468; venue, 19; punishment, 469; evidence, 469.
Shooting at a ship, &c., belonging to the navy or revenue, statute, 467; indictment, 624;
venue, 19; punishment, 624; evidence, 624.

Shop, breaking and entering, and stealing in, statute, 246; indictment, 242; punishment
247; evidence, 247. Setting fire to, see Arson. Riotously demolishing, see Riot.
Shrub. See Tree.

Signal. See Ship. Smuggling.

Silk goods in ary stage of manufacture, stealing, statute, 248; indictment, 258; punishment
259; evidence, 258. Cutting, breaking, or destroying, or damaging with intent to de-

stroy or render useless, silk goods in the loom, &c., or other process of manufacture,
statute, 324; indictment, 325; punishment, 325; evidence, 325. Cutting, &c., or dam-
aging, &c., any warp or shute of silk, indictment, 326; punishment, 326; evidence,
326; entering a building by force to commit these offences, indictment, 326; punishment,
326; evidence, 326.

Similiter, 87, 90.

Simple larceny. See Larceny.

Slander.

See Libel. Indictment for slanderous words to a magistrate, 588; punishment,
589; evidence, 589.

Sluice. See Canal. Navigable River.

Smuggling, statute, 619. Making signals to smuggling vessels, statute, 620; indictment,
620; venue, 19; punishment, 621; evidence, 621. Being armed and assembled for the
purpose of assisting in running uncustomed goods, &c., statute, 621; indictment, 622;
venue, 19; punishment, 623; evidence, 623. Assisting in running uncustomed goods,
indictment, 623; punishment, 623; evidence, 623. Shooting at a ship belonging to the
navy or revenue, statute, 467; indictment, 624; venue, 619; punishment, 624; evi-
dence, 624. Shooting at officers of the army or navy, &c., or officers of the customs
employed for the prevention of smuggling, statute, 467; indictinent, 468; venue, 19;
punishment, 469; evidence, 469. Maiming or wounding such persons, indictment, 469;
venue, 19; punishment, 469; evidence, 469. Assaulting or obstructing such persons,
statute, 469; indictment, 470; venue, 19; punishment, 470; evidence, 470. Being
found in company with four others, with goods liable to forfeiture, statute, 625; indict
ment 625; venue, 19; punishment, 625; evidence, 625. Being found armed near a
navigable rlver, indictment, 625; punishment, 626; evidence, 626.

Sodomy, statute, 485; indictment, 495; punishment, 486; evidence, 486.
tent to commit, indictment, 487; punishment, 487; evidence, 487.

Soldier. See Allegiance.

Assault with in-

Soliciting a man to commit an offence, indictment for, 693; punishment, 693; evidence, 693.
Solitary confinement, general provision as to, 169.

Son assault, demesne, 444.

South Sea bonds, stealing, 173.

Sovereigns. See Coin.

Special plea. See Abatement. Autrefois Acquil, &c. Jurisdiction. Pleas in Bur.
Special venue. Sec Place.

Spring-guns, setting, statute, 664; indictment, 665; punishment, 665; evidence, 665.
Stabbing, indictment for murder by, 405. Stabbing, cutting, or wounding, with intent-to

murder, statute, 438; indictment, 449; punishment, 449; evidence, 449. Stabbing,
cutting, or wounding, with intent to maim, disfigure, disable, to do some grievous bodily
harm, or to prevent or resist lawful apprehension or detainer, statute, 450; indictment,
450; punishment, 451; evidence, 451.

Stables, setting fire to, see Arson. Riotously demolishing, see Riot.

Stacks of corn, grain, pulse, tares, straw, haulm, stubble, furze, heath, fern, hay, turf, peat,
coals, charcoal, or wood, or any steer of wood, setting fire to, statute, 321; indictment,
322; punishment, 322; evidence, 322.

Stage coaches, furious driving of statute,654; indictinent, 654; punishment, 655; evidence,655.
Staith, See Mine.

Statutes, in what case to be proved, and how, 125. Certainty required in indictinents on
statutes creating offences, 50; or imposing a higher degree of punishment, 50. Proviso
and exception in a statute, when to be stated in pleading, 52; how proved, 105.
Stealing. Se Larceny. Stealing chi dren, 485.

Steam engine. See Machine y. Mine.

Stock, public, stealing tallies, orders, or securities, entitling to any share in, statute, 213;
indictinent, 214; punishment, 214; evidence, 214. Stock. See Forgery.
Stockings in the loon, &c, or other process of manufacture, cutting, breaking, or destroying
or damaging with intent to destroy or render useless, statute, 324; indictnient, 325; pun-
ishment, 325; evidence, 325. Entering a building by force to commit such offence, in-
dictment, 326; punishment, 326; evidence, 326.

Stores. Embezzling or stealing the Queen's stores, (ammunition, sails, cordage, or naval or
military stores), statute, 541; indictment, 542; punishment, 542; evidence, 513.
Setting fire to them, see Burning.

Stores, naval, having in possession, statute, 543; indictment, 547; punishment, 548; evi-
dence, 548.

Subjection to the power of others, in what cases an excuse for crime 16.

Subornation of perjury, indictment for, 575; punishinent, 577; evidence, 577.

Subpana, 157. Subpana duces tecum, 157.

Subsequent felony, statute, 694; indictment, 695; punishment, 695: evidence, 696.

Suffocate, attempt to, indictment for, 446; punishment, 447; evidence, 447.

Taking, what, to constitute larceny, 182; actual, 182; constructive, 183–192.

Tally, entitling to any share in public stock, stealing, statute, 213; indictment, 214; punish-
ment, 214; evidence, 214.

Technical terms, what, necessary in an indictment, 49.

Tenant in common, or joint tenant, by taking the thing in common from his co-tenant, in

what cases guilty of larceny, 182

Tenor, implies a literal copy, 47. Variance after it, 103.

Terriers, how proved, 136.

Testamentary paper. See Will.

Threatening letter, sending cr delivering a letter, demanding money, statute, 605; indict-
ment, 606; punishment, 606; evidence, 606. Sending a letter threatening to accuse

another of a crime, with intent to extort money, &c., from him, statute, 605; indict-
608; punishment, 609; evidence, 609. Sending a letter threatening to kill or burn,
&c., statute, 609; indictment, 609; punishment, 610; evidence, 610.

Threatening to accuse a man of a crime, statute, 605; indictment, 607; punishment, 608;
evidence, 608.

Threshing machine, cutting, breaking, or destroyiug, or damaging with intent to destroy or
render useless, statute, 327; indictment, 327; punishment, 327; evidence, 327.
Timber.

See Burning,

Time, how stated, 37, How proved, 96,

Toll-house. See Turnpike.

Tombstone, inscription on, how proved, and in what cases evidence, 136.

Trade, buildings used for the purpose of carrying on, setting fire to, statute, 311; indict-
ment, 313; punishment, 313; evidence, 313.

Training to arms, within what time the indictment must be preferred, 61

Traitorously, requisite in an indictment for treason, 49.

Transportation, returning from, statute, 561; indictment, 563; venue, 563; punishment,

563; evidence, 564.

Traverse of an indictment, in what cases allowed, 67.

Traverse. See General Traverse.

Treason, high, 488-498. Indictment for compassing the Queen's death, 483; venue, 25;
overt acts, 489; evidence, 490. Indictment for levying war, 482; evidence, 493. In-
dictment for adhering to the Queen's enemies, 494; overt acts, 495: what an adhering,
495; who an enemy, 496; evidence, 496. Indictment for treason on stat. 26 G. 3, c.
7, s. 1, 497. Discharging or aiming, &c., fire-arms, &c., at the Queen's person, stat-
ute, 498; indictment, 499; evidence, 499; throwing at the Queen, indictment, 490;
evidence, 1499. Aiders and abettors in high treason, 494. There are no accessaries,
all are principals, 686.

Tree, sapling, shrub, or underwood, growing in parks, pleasure grounds, gardens, orchards,
or avenues, or grounds adjoining to or belonging to a dwelling-house, value above 17.-
stealing, cutting, breaking, rooting up, or otherwise destroying or damaging, with intent
to steal, statute, 206; indictment, 206; punishment, 206; evidence, 207. Cutting,
breaking, barking, rooting up, or otherwise destroying or damaging, statute, 344; in-
indictment, 345; punishment, 346; evidence, 346. The like growing elsewhere, value
51. stealing or cutting, &c., with intent to steal, statute, 206; indictment, 207; punish-
ment, 207; evidence, 207. Cutting, breaking, barking, &c., statute, 346; indictment,
346; punishment, 346; evidence, 346. The like wheresoever growing, value Is. steal-
ing, first and second offence, statute, 208; indictment for the third offence, 208; pun-
ishment, 209; evidence, 209. Cutting, breaking, barking, &c., third offence, statute,
347; indictment, 347; punishment, 348; evidence, 348,

Trench. See Mine.

Tumult. See Riot.

Turnpike gate, wall, chain, rail, post, bar, or other fence, belonging to a turnpike gate, or
house, building, or weighing engine, throwing down, levelling, or destroying, statute,
389; indictment, 340; punishment, 340; evidence, 340.
Turnpike road, property belonging to, how described, 35.

Unknown person, goods of, or injury to the person of, how described in an indictment, 36;
evidence to support it, 175.

Valuable security, what, statute, 213; indictment for stealing, 214; punishment, 214; evi-
dence, 214.

Value, variance in pleading and proof, in what cases material, 48, 100, 175.
Variance between the pleading and proof, in time, 40, 96; in place, 40, 97, 172; in the
name of the party injured, 100; in the offence charged, 42, 99; in matters of record,
46, 101; in written instruments, 46, 102; a mere literal variance not material, 46, 102; in
words, 48, 104; as to goods, 48, 99, 170; as to value of sums of money, 49, 101, 170.
Variance, in what cases, and when amended, 103.
Vegetable. See Fruit.

Venue, general rule, 18; in indictments for extortion, 19; for plundering wrecks, 19; for
assaulting, &c., officers of the excise, and for offences against the customs, 19; for rob-
bing mails, stealing letters, and embezzling notes, 19; for endeavouring to seduce sol-
diers from their allegiance, 19; for forgery, 19; for offences against the stamp duties, 20;
for coining, 29; for bigamy, 20; for escapes, &c., 20; for returning from transpor-
tation, 20; for embezzlement in the public service, 20; for felonies, &c., in Wales, 20;
for offences within the county of a city, 20; for offences committed out of the realın,
21; for offences on the high seas, 21; for forcing sailors on shore, &c., 23; for murder
or manslaughter, where the act and death are in different counties, &c., 23; for offen-
ces on the boundaries of counties, or begun in one county and completed in another, 24;