See Coin.

COUNTERFEITING GREAT SEALS.-Treason,

224

COURT OF JUSTICE.-Assault in, 159

Obstructing, 217

Contempt of, 456

COURT OF JUSTICIARY.-246 et seq.-See
Justiciary-Circuit Court.

CREDITOR ranked may prosecute Fraudu-
lent Bankruptcy, 276

Some creditors should be named in
libel for insolvency frauds, 380, 381
CRIME. What constitutes, 2

False accusation of, 92, 178, 179.-See
False Accusation.

Conspiracy to commit, 240
Procuring commission of, 241
Modus, ditto, 430
Prescription of, 273, 274

CRIMINAL LETTERS.-Form in Sheriff Court,
282

Competent also in Supreme Court, 282
Form of, 282

Will not served on accused, 444, 445
Crim. Letters on six days' induciæ, 529
Last letters.-See Last Criminal Letters.

For general rules of the Libel, see
Indictment.

CROSS.--Citation at, 447

Must be after citation at dwelling, 447
CROSS-EXAMINATION.-Leading competent
in, 484

Latitude as to relevancy of, 486, 487
CRUEL TREATMENT.-Of young or weak per-
sons, culp. homicide if death ensue,
134

A serious offence, 171
Aggravated where offerder the natural
custodier, 172

Or where injury has resulted, 172
Or the mind been injured, 172
Latitude of time in libelling in case of
child, 299

Modus of libel for, 405, 406
CULPABLE HOMICIDE.-Definition of, 131
Three classes of, 131
Intentional killing, 131

Either by rashness in retaliation or
killing to prevent injury, 131

Or by rashness in exercise of power to
inflict death, 131

CULPABLE HOMICIDE-continued.

Conduct must be result of injury caus-
ing perturbation, 131, 132
Killing housebreaker, 132, and note 3
Husband killing seducer of wife taken
flagrante delicto, exception to rule of
reasonable dread, 132

Means of escape from danger not used,
132

Or danger truly over when death
inflicted, 132

Killing in self-defence, where attack of

deceased caused by accused, 132, 133
Officer hastily firing on prisoners, 133
Magistrates hastily firing on mob, 133
Death from minor injury, 133

All degrees of violence included, 133
Desertion of child, apparently with
small risk to life, 134

Administering noxious matter for frolic,
134

Giving maniac or child drugs, 134
Reckless use of firearms or fireworks,
134

Cruel treatment of young, infirm, and
helpless persons, 134

Any blame constitutes the crime, 135
Husband by violence causing wife to
squeeze child in arms, 135
Forcing children out in cold, 135
Causing horse to run off with rider, 135
Question in case of person throwing

himself into water from dread, 135
Neglect of Duty, 135, 136

Any blame sufficient, 137

Exceeding duty in corporal chastise-
ment, 137

Rash driving, 137

Driver quitting vehicle, 137

Giving reins to unskilled person, 137
Railway and nautical officials, 137
Managers of machinery, 137, 138

Ordinary operation requiring special
caution, 137, 138

Defective building, banking, &c., 138
Careless dispensing of drugs, 138
Folding up bed with child in it, 138
Act of accused need not be sole cause
of death, 139

A. leaving cart, and B. driving furiously
past and startling horse, 139
Driver giving reins to another, 139
Druggist employing unskilled assistant,

139

Act of accused must be directly con-
nected with death, 139

Driver improperly taking person on
train, and train accidentally going
off rails, 139

Where person improperly on train, and
accident caused by fault, person in
fault responsible, 139

CULPABLE HOMICIDE-continued.

Not an excuse that accused obeyed
superiors, 140

Contractor guilty, if allows workmen to
be careless, 140

Accused not free, because within bye-
laws, 140

May weakness of mind be considered
in distinguishing from murder? 16
Punishment, 140

Modus in libel for, 398 et seq.
Reckless driving or steering, general
statement sufficient, 399

Reckless dispensing of drugs must be
minute in averment, 399, 400
Latitude in stating exact cause, 400
CULPABLE NEGLECT of children or infirm
person, 171, 172
Of duty, 191 et seq.

CULPABLY AND RECKLESSLY.-Words ex-
pressing condition of offender, 330
Such words cannot confer relevancy on
a charge, 331, 332

CULPABLE AND RECKLESS FIRERAISING.-
114, 115

Modus, ditto, 393
CURRENCY.-See Coin.

CURSING PARENTS.-Capital offence, 162,
163

Parents by affinity and grand-parents
not included, 163

Must amount to bitter execration, 163
Case of person intoxicated, 163, 164
Cursing need not be in parents' pre-
sence, 164

Modus, 403, 404

CUSTOMS OFFENCES.-234 et seq.

Smuggling.

CUTTING. Statutory offence, 144
Com. law assault by, 158

See

DECEASED-continued.

Though not injured party, 511
And not in fear of death, 511
Need not be on oath, 512
Taken by respectable citizen, 512
DECLARATION.-Any magistrate may take,

257

Even baron-bailie, 257
Temporary Sheriff-Sub., 257
But not Sheriff-Clerk, 257
Magistrate must be present, 257
Not merely when read over, 257
Magistrate falling asleep, 257, 258
Prisoner sane and sober, 258
Magistrate sees to this, 258
Must be voluntary, 258

Not induced by promises, 258
Promise by injured party will not ex-
clude, 258

But by superior police official fatal, 258
Advice from Fiscal, 258

Magistrate must not induce, 258, 259
Must inform him of charge, 259
And warn him he may decline, 259
That what said evidence, 259
Accused remaining silent,259
Refusal to answer, 259

Written by neutral party, 259
Interpreter, 259

Deaf and dumb accused, 259, 260
Exam. must be fair, 260
But may be lengthy, 260

Questions asked about articles, before
showing them, 260

Signed by accused, 260

What if cannot or will not sign, 260
Declaration emitted on two days, is

one signature sufficient? 260
Articles shown, 260, 261
Two witnesses essential, 261
Must know the language, 261
Witnesses sign last page, 261
Need not add "witness," 261
Taking d., how long legal, 261
Re-exam., when proper, 261
Prisoner may ask re-exam., 261
Previous d. must be read, 261
Unless charge be different, 261, 262

Copy of first being read, 262
When must first be read, 262
Erasures or deletions in, 262
Clerical errors in, 262

Cautions, &c., not stated in, 263

Form of libelling d., 436, 437

Signing must be averred, 436
What needful as to signing, 436

Libelling several declarations, 436, 43
Cross-exam. as to statements made in a

d. competent, 493

D. must be sworn to at trial, 509
Unless admitted, 509

Proper witnesses to prove, 509

false accusation, 511

DEED.-Vitiation of, 93, 94

Modus, ditto, 378

Destroying, 94

Modus, ditto, 378

Assault to compel granting, 157

Such assault may be hamesucken, 167

DEER.-Theft of, 19

DEFACING COIN, 104

DEFAMING JUDGES, 178

DEFORCEMENT.-Definition of, 212

Warrant regular, 212

Though previous proceedings bad, 212,

213, and note 1

No warrant, revenue cases, 213

Unless duty requires warrant, 213

Rescue of military prisoner not deforce-

ment, 213

Officer duly vested, 214

Can citizen be deforced? 214

Executing solemn duty, 214

Injury before or after not d., 214

Attack on approaching, 214

Officer acting correctly, 214

Making known office, 214

Unless known to offender, 214

Notifies errand, unless known, 214,

215

Shows warrant on demand, 215

But not after execution, 215

Must act legally, 215

Breach of local usage no matter, 215

No defence payment tendered, 215

Unless officer empowered to receive, 215

Nor prepayment or compensation, 215

Unless discharge produced, 215

Acts must relate to duty, 215, 216

Violence not essential, 216

Deeds, 94

Modus, ditto, 378
Ship, 115, 116

An offence at com. law, 116
Is it per se a crime? 116

Modus, destroying ship, 394
Evidence, may be contempt, 456

DIARY of accused, evidence, 513

But not another's, 513

Party dead, diary may be evidence for

accused, 513, 514

DICE, LOADED.-Players with, 206

DIET is peremptory, 457

Cannot be called sooner, 457

Not continued, falls, 457

How continued, 457

One judge may continue, 457

Grounds for continuing, 459

Desertion pro loco et temp., 459

How long competent, 459

Is in discretion of Court, 459, 460

Desertion simpliciter, 460

If on prosecutor's motion, 460
Desertion of the "libel," 460

DILIGENCE to recover writings, &c., 280
Both parties may have, 280
How long competent, 280
Letters of, how issued, 444

DISCHARGING FIREARMS, 134.-See Murder,

Attempt.

DISORDERLY CONDUCT in church or meet-

ing, 187

DIVORCE.--Defence in bigamy, 197

Though afterwards set aside, 197
Dependence of, no defence, 197
DOCTORS remaining in Court, 479, 480
DOCUMENTS.-Vitiation of, 93, 94
Destruction of, 95
Modus, ditto, 378

Libelling documents, 336 et seq.-See
Modus, Letter i.

DOUBLE-Serving d. of warrant, 265
Under whose hand, 265

DOVECOT-Theft from, 19
DRILLING, ILLEGAL, 231
DRIVING Furious or Reckless, 192
DROWN.-Attempt to, 145
DRUG. Taking to abort, 152
DRUGGING.-Aggravates theft, 38

Is it robbery? 38, and note 6, 39
Children or maniacs, 134
Connection after d., rape, 168
Is drugging per se a crime? 173
Intent to steal, 173

To prevent lawful business, 173
Modus in libel for, 406
DRUNKENNESS.-No defence, 13

DUELLING.-Murder, though deceased the

challenger, 124

A breach of peace,

187

DUMB.-Accused, how examined, 259, 260
Interpreter, 460

Knowledge of d. witness, 474, 482
How sworn, 482

Sometimes not sworn, 482

Alphabet or gestures, 484
DUTY.-See Neglect of Duty.

DWELLING.-Citation at accused's, 446, 447

ENEMY of Britain a competent witness, 476
ENGLAND.-Conveyance of prisoners from,
256

ENGLISH TREASON LAW.-Scotch assimi-
lated to, 220

ENGRAVERS.-Evidence of, not valued, 506
Not sufficient alone, 506
ENLISTMENT, FOREIGN, 232
ENMITY.-Objection to juror, 469
EQUIPPING ships against allies, 232, 233,
234

ERASURE in declaration, 262

In summary conviction, 535
ESCAPE.-Assisting war prisoner to, 233
ESCHEAT of movables in murder, 131
In deforcement, 216, 217

In treason, 225, 226

Of heritage in treason, 225, 226
EVIDENCE-For full particulars see Proof.
Child as witness, 471, 472
Relationship of witness, 472
Spouse of accused, 472, 473
Insane and idiots, 473, 474
Deaf and dumb, 474
Atheist, 474, 475
Judges, 475

Public prosecutor, 475
Co-accused, 475, 476
Outlaw, 476

Corrupted witness, 476, 477.
Malice of witness, 478
Instructed witness, 478
Presence in Court, 479

Agent as witness, 479, 480

Effect of disqualification as to one ac-
cused, 481

Oath or affirmation, 481
Child not sworn, 482
Refusal to answer, 482
Prevarication, perjury, 482
Privileges of witness, 483
Use of notes, &c., 483, 484
Foreign or Gaelic witness, 484
Mode of examination, 484
Burden of proof, 485

Proof in presence of assize, 485
Laying foundation, 486
Reference to oath, 486
Evidence of opinion, 487
Limitations of proof, 488
Proof of res gestæ, 488, 489
Of motive and malice, 489, 490
Of guilty knowledge, 490

Character of accused and witness, 490
et seq.
Hearsay, 493

Statements of accused, 494, et seq.
Of injured party or child, 497, 498
Hearsay, incidental facts, 498

Of person deceased, 499, 500
Productions, 500, et seq.

Production by witness, 500, 501