EVIDENCE-continued. Evidence--Falsehood and Fraud. Person as production, 501 Written evidence of office, parentage, Proof of writing or forgery, 505, 506 Official extracts, 507 Medical report, 507, 508 Declaration, 508, et seq. Proceedings in civil suit, 511 ESPECIALLY.-Use of in major prop., 292, 293 EXAMINATION ON DECLARATION. seq.-See Declaration. 257, et EXAMINATION OF WITNESSES.-Leading in- But competent in cross, 484 Whether re-inclosed or not, 485.--For EXCISE OFFENCES.-234, et seq.-See Smug- gling. EXCISE OFFICER.-Re-taking things seized by, 18, 19 Br. of trust by, 70, note 1 Deforced although no warrant, 213 Need not be produced, 450 Except for outlawry, or forfeiture of If produced, and bad, fatal, 450 Cannot be withdrawn and amended EXPENSES.-Prosecutor liable in expenses, In discretion of Court, 549 Words of Act not held to exclude ap- EXPERTS to prove handwriting, &c, 506 EXPOSING FOR SALE.-Obscene works or Blasphemous work, 203 EXPOSING INFANTS.-If death ensue, may be murder, 125 Injury not essential, 172 Injuries aggravate, 172, 173 Modus in libel for, 406 EXPOSURE OF PERSON before young girls. In public place, 202 EXTORTION and Oppression, 174, 175 False accusing to extort, 178, 179 Of register of births, &c., 504 Of foreign record requires proof of The only proof of proceedings of Court Parole cannot affect, 507 Conclusive against proceedings, 507 Bad if signed on last page only, 507 FABRICATION.-See Forgery, Falsehood, and FALSE ACCUSATION of crime, 178, 179 To extort, 178 Person arrested under, 178 Sufferer, offender's wife, 178 Modus in libel for, 407 FALSE COIN.-See Coin. FALSE OATH.-An offence, though nature (a) Want of solemnities of law, 78 serious, 79 False receipt for one lost, 79 (b) False deed by notaries, 82 Misusing genuine signature, 84 Falsehood and Fraud-Fireraising. FALSEHOOD AND FRAUD-continued. Trifling forgery sometimes prosecuted Minor falsehoods by writ, 85 (c) Pretended copy of summons, 85 Or tradesmen or owner of goods, 90 Or to be of a certain trade, 90, 91 (d) Or a pensioner, 91 Or a person of means, 91 Or influence, 91 Or to hold an office, 91 Falsehood to excite pity, 91 Telling fortunes, witchcraft, &c., 91 Recruit denying facts, 91, 92 Obtaining letter and opening it, 92 (e) Falsely accusing, 92 FALSEHOOD AND FRAUD-continued. Article made over to others as being Although real advantage not obtained, Tampering with deed with intent, 98 Punishment, 99 (h) Fraudulent bankruptcy, 100, 101 Falsehood in registering births, &c., 102 Need not aver no means to pay for Intent not to pay enough, 377 Need not aver pretences known to be Statement of result needful, 377, 378 FANATICISM.-No excuse for criminal act, 2 Pregnancy, 147 - FEMALE under 12, connection, rape, 167 Summons, 93 Obtaining advances, intending not to FINE.-Punishment by, 16, 17 pay, 92 Supplying adulterated goods, 92 Fictitious summons, 93 False date in testing clause, 93 Writer of deed inserting unauthorised False entries to conceal defalcations, 94 Though the property of delinquent, if False weights and measures, 94, 95 (g) Attempt at fraud, 95 Absolute success not essential, 95 Writ narrating falsehood officially, But uttering of false begging letter not Alternative of, 16, 17 FIREARMS,-Reckless use of, 193 "Loaded" not implying "shotted," 145 Smugglers assembling with, 235, 236 FIRERAISING, WILFUL.-What included in, 112 Labourer's hut, 112 Building must have taken fire, 112 Wood in yard near corn-stacks, 112 Mob burning goods in street and flame How as to prison door, 113 Thief accidentally firing house, 113 How if tenant not in occupation, 113,114 Attempt, 115 Punishment, 115 FIRERAISING, WILFUL continued. INDEX. Fireraising-Forgery. May destruction of movables be averred Modus in libel for, 391 Statement of ownership, 391 May be libelled as unknown, 391 An aggravation of prison-breaking, Fireraising, minor heinousness-hay, Or own to neighbour's danger, 114 Not needful to state attempt to recover Nor removal of goods, 393 Need not state how it was dangerous to FISH.-Theft from net, 19 FORBIDDEN DEGREES of marriage, 198, 199 FOREIGN PORT.-Crime by British seamen FOREIGN WITNESS examined by interpreter, But not if he know English, 484 Found in smuggling ship, 234, 235 No right to foreign jury, 469 FORGED NOTES.-Vending, 100 Obligatory or not, 80, 81 Signing own name as that of one of Or as of person in a certain position, 82 Procuring person to sign his name with False obtaining signature by notaries, 82 FORGERY-continued. Notaries signing on false statement of Notary forging witnesses to false seisin, 82 Officer forging witness to false execu- Forging witnesses' names to antedated Question as to forging witnesses' names Fictitious subscription, 83, and note 5 Is mark alone sufficient? 84 Not if what written what subscriber Minor forgery sometimes prosecuted as Modus, form of charge, 373, 374 Description must not mislead, 374, 375, Uttering, 86 When complete, 86 Withdrawal on challenge, 86 Giving document for preservation or to Uttering by another hand, 87, 88 Bill delivered to be filled up and dis- Writing placed in repositories and Writing must have left possession of Fraudulent intent, essential, 88 Immediate injury to others not essen- Purpose of, immaterial, 89 Latitude of time, 300 Ditto, locus, 310 Modus of the uttering, 375, 376 Blank stamp, special averment, 376 FORGERY-Continued. Not bailable, 266 Forgery-Handwriting. Except in discretion of Court, 266 FORMA SPECIFICA.-Duty to deliver in- FORTUNE TELLING, 91 FOUND ARTICLE.-Appropriation of, may be By whatever mode, 486 FRACTURE OF BONES.-Aggravation of as- FRAUD.-See Falsehood and Fraud. FRAUD, accompanying theft, 21, 22 FRAUD BY INSOLVENTS AND BANKRUPTS.— Alienation, 100, 101 Secreting from creditors, 100 Pretended payment, 101 Fraud after bankruptcy, 101 Need not state who had goods when Averment of property of goods, 380 Fraud in prospect of, and continued to Secreting property when solvent, 101 Some creditors named, 380, 381 FRAUDULENT FIRERAISING, 114 FUGITATION.-Prosr. must be present, 457, Strong case needful to prevent, 458 Recalled by placing at bar, 463, 464 FULL COPY.-Not include Will of Crim. Only if not knowing English, 484 GAMING-HOUSE, KEEPING.-Statutes not applicable to Scotland, 205 Offence at com. law, 205 GRAVES.-76.-See Violating Graves. GUILTY KNOWLEDGE.-Proof of prior acts Coin or forged notes, 490 HABIT AND REPUTE.-Thief, 48 to 50 Full year necessary, 49 A connected period, 49, 50 Time in prison not counted, 50 Nor time after arrest, 50, 51 But imprisonment does not disconnect No hab. and rep. in robbery, 57 Nor of housebreaking with intent, 75 Shop or out-building not h., 164 Attack on lodger, 164 House need not be sufferer's, 164 House means separate dwelling, 165 Attempt at rape may be h., 166 Or to carry person off, 166 Firing, though weapon miss fire, 166 Often combined with robbery and Punishment, 167 Modus in libel for, 404, 405 GAS.- Breach of service causing stoppage of HANDWRITING.-Proof of, 505, 506 gas, 175 GENERAL PRINCIPLES, 1, 2 And of forgery, 506 Best evidence, 506 HANDWRITING-continued. Handwriting-Husband. Engravers not valued, 506 Of infant witness, 498 Of incidental facts, 498 Of person dead, 499, 450 Or since insane, 500 Exact words not essential, 500 For Particulars see Proof, Letter e. HERITORS.-Cannot prosecute for resist- HIGH COURT OF JUSTICIARY.-246.-See HIGH SEAS.-Aiding prisoner of war to May commit theft, 41. See HOLY SCRIPTURES.-Publishing work to asperse, 203 HOME.-Hamesucken only in, 164, 165 Destruction of fœtus not h., 120 Injury must be real, 120 Death by fright not h., 120 Or treatment aggravating injury, 121 No defence that life might have been Unless treatment very bad, 121, 122 Division of subject, 122 See Murder-Culpable Homicide-Justi- HONOURS. Forfeiture-for treason, 225, HORSE-STEALING.-52 HOUSE means separate dwelling, 29 House let in different portions, 29, 165 Building roofed and fastened, 29, and Unfinished house, 29 House with several families, 29 Building must be violated, 29 Chest against door, 30 Wood nailed across, 30, and note 7 Removing fastening, and returning, 30 Ringing and rushing in, 30 Key given to carry to owner, 31 Unsecured door, 31, 32 Key left in lock, 32 Key on nail in sight, 32 Removal of inner fastening, 32 Unless used as entry, 34 Window opened farther, 32 Entering by open window not h., 32, Flap door not fastened, 35 33 Breaking out not h., 35, 36, and note 2 Breaking part of house with intent, 73, Aggravates theft, 29, et seq. And robbery and stouthrief, 58 Conspiracy to commit, 240 Mode must be stated, 370 Door not said to be locked, 371 Statement must apply to place whence In doubt, alternative permissible, 372 Intent to break adjoining house, 372, Statement of intent in 372 such case, HUSBAND. -Influence of, as mitigation, 16 Not a competent witness, 472, 473 |