MUSSELS.-Theft of, 19, 20
Attempt, 76

MUTILATION OF DOCUMENTS, 94
Modus, ditto, 378

Of term game, 188

Taking or being on land armed, 188
2d and 3d offence, 189

Section includes only one offence, 189
All need not have instrument, 189
Roads, limited to taking on, 189
Violence to person apprehending, 190
Weapon, stones included, 190
Three or more, on land, 190
Does not extend to roads, 190
All need not be armed, 190, 191
Tenant within sanction of act, 191
Prev. conv. of land offence in road

offence, and vice versa, 191
Description of night in libel, 298
Modus in libel for, 410, 411
Proprietor should be named, 411

Need not say

411

66

66
open" or enclosed,"

Misplacement of word "unlawfully,"

411

All names known given, 413
Statement as to "three or more," 413
NOMEN JURIS, in libel, must be unambigu-
ous, 287

Along with general description, 287
Not essential to major prop., 287
NONAGE.-Child under 7 irresponsible, 11
No capital sentence till puberty, 11,
and note 5

NON-RECOLLECTION.-Profession of,-may
infer perjury, 208

NOT GUILTY."-Ambiguous plea held, 466
Plea of withdrawn during trial, 518
Verdict where case given up, 525
NOTARIES. False deed by, 82

Forgery by deceiving, 82
Pretending to be, 90

NOTES. Use of, by witness, 483
NOTES, FORGED.-Possession of, 99, 100
Vending, 100

NOTES OF EVIDENCE must be taken in Su-
preme Court, 518

And in Sheriff and Jury cases, 518
NOTICE of Citation, 448

OATH. Not necessary before warrant, 253
Unless required by statute, 253

If required, want of it fatal, 253
Or want of oath of complainer himself,
where that required, 532
OATH OF CALUMNY in private prosecution,
278

OATH OF VERITY under statute, 532
Of endorsed warrant, 254
OATH, FALSE.-An offence, though not in-
ferring perjury, 211

OATH, REFERENCE TO.-Wholly incompe-
tent, 475, 486

OATHS, UNLAWFUL.-230, 231.-See Unlaw-
ful Oaths.

OBJECTIONS to relevancy, 464, 465.-See
Relevancy.

How far statable on appeal, 529
OBLIGATORY.-Must writ be-in forgery,
80, 81

OBSCENE WORKS.-Dealing in, 203

How libelled to avoid quotation, 337
Form of modus, 421, 422
OBSTRUCTING COURT, 217
OBSTRUCTING OFFICERS, 217

Preventive officers, 235
OBSTRUCTING PRESBYTERY, 217
OBSTRUCTING RAILROADS, 117
Modus of libel for, 395

OFFENSIVE WEAPON.-In night-poaching,
190

OFFICE. When duties of-to be stated in
libel, 337, 338

If name (e.g., teller) well understood,
this sufficient, 338

OFFICER.-Keeping proceeds of poinding-
br. of trust, 66

Br. of trust by excise o., 70, note 1
Of law-assault on, 160

Assault by o. on prisoner, 161
Obstructing, 217

OFFICIAL. Corrupt conduct by, 207

Deprivation of office for ditto, 207
OPEN COURT.-Trial must be in, 455
Unless cleared for disorder, 455
Or indecent cases, 455

If the latter, doors opened before
verdict, 455

OPPRESSIVE EXAMINATION of accused, 260
ORDER. Power of Court to maintain, 456
OUTBUILDING.-Attack in, not hamesucken,
164

OUTLAW. Cannot prosecute, 275
Cannot be juror, 469
Nor witness, 476

Court will not repone witness at trial, 476
Accused may be reponed before trial,

464
OUTLAWRY.-May be averred in libel, 431
Not pronounced in absence of prose-
cutor, 458

Accused not appearing, strong grounds
necessary to prevent, 458
Cautioner cannot object to, 458
Does not exclude trial, 463, 464
Recalled by placing at bar, 464
OVERPAYMENT.-Retention of-theft, 39

Whether paid to delinquent or one for
him, 39

OVERT ACT.-See Treason.

OWNERSHIP.-Libelling of,-in theft, 359,
360

Must be libelled in fireraising, 391
And in mischief to property, 395
And night-poaching, 411
OYSTERS.-Theft of, 19

PANEL.-Naming of, in libel, 282 to 286
For particulars see Indictment, Letter a.
Charging in minor prop., 293 et seq.
PARDON.-By Crown or statute, 549
May be conditional, 549
Supreme Court apply it, 549
Presence of accused not necessary, 549
Signature of one judge suffices, 549

Court grant warrants, to carry out con-
ditional pardon, 549

PARENT.-Reset by parent of thief, 63
Assault on, 159

By parent on child, 159

Beating or cursing parents, 162, 163
Modus, ditto, 403, 404.-See Beating
Parents, Cursing Parents.

PARISH.-Not essential in locus, 304
Error in rural p. fatal, 403, 304
But not in town, 304

PARISHIONERS cannot prosecute for resist-
ance to induction, 275

PAROLE PROOF, 486 et seq.-See Proof,
Letter a.

PARTICIPATION.-See Art and Part.
PARTICULARLY.-Use of in major prop., 292
PATRON OF PARISH may prosecute for re-
sistance to induction, 275
PAWNBROKER.-Taking by, not theft, 18
Br. of trust, 65
PAYMENT.-Tendered, no defence in de-
forcement, 215

Or p. asserted to have been made, 215
PEACE. Security to keep the, 16, note 7
Breach of, 187, 188.--See Breach of
Peace.

PEACE, JUSTICE OF. Jurisdiction, 251, 252
PEERS, Jurisdiction over, 242

Application for bail by, 267

PENAL SERVITUDE. --Periods of, 16, 17
PENETRATION.--Essential in rape, 167

Extent of, 167, and note 11
PEREMPTORY CHALLENGE of jurors, 468
PERJURY.-Definition of, 207
Falsehood explicit, 207
Omission not perjury, 207

Prosecutor must prove opposite facts,
207, 208

Falsehood must be absolute, 208
Profession of non-recollection may be
perjury, 208

Falsehood must be wilful, 208
Oath of opinion not perjury, 208
Unless corrupt in its origin, 208
As where witness bribed, 208
Must be on formal oath, 208
Under the rules of law, 208
Writing not essential, 208, 209
Oath before qualified person, 209
In judicial proceeding, 209
Spiritual Courts not included, 209
Voluntary affidavit excluded, 209
Technical flaw in proceedings of no
consequence, 209

Party before whom oath taken must be
truly present, 209, 210

Falsehood must be material, 210
What is pertinent to issue, 210
Breach of oath of promise not p., 210
Oath of allegiance, de fideli, &c., 210
Infamy for, 210

Unfitness for office of trust, 210
Direct commitment for, 264, 265, 482
Person prejudiced may prosecute, 275
Modus in libel for, 423, 424

Facts stated must negative oath, 423,
424

Averment making truth impossible
sufficient, 424

PERSON as a production, 501

Name in witness list sufficient notice, 501
PERSONAL CITATION, 446

PERSONATING, 90 et seq.-See Falsehood and
Fraud.

Husband, and obtaining access to wife,
not rape, 170

But a very serious offence, 170-
Modus, ditto, 405
Voter, 239

PERVERSION OF JUSTICE.-Conspiracy for,
240

PETITION. Not essential to warrant to ar-
rest, 253

Need not be dated, 254

Necessary to commitment for trial, 264
Double not served on accused, 265
If warrant itself specific, 265
PICTURES.-Dealing in obscene, 203
PIER. Citation at pier and shore, 447, 448
PIGEONS.-Theft of, from dovecot, 19
PIRACY.-Definition of, 59

Ship uncommissioned, 59
Going beyond commission, 59
Crew or others seizing vessel, 59
Carrying off persons or goods, 59
Exception where necessaries taken, 59
Question whether taking essential, 59
Capital offence, 59

Jurisdiction universal, 245

Modus, charge of piracy, 361, 362
Latitude permissible, 362
PLACE.-See Locus.

PLAGIUM.-Mode and motive no matter, 25
Aggravated by prev. conv. of theft, 47,

48

Is an aggravated theft, 52

PLANS to be proved by maker, 506

Maker should be neutral party, 508
Should represent places in ordinary
state, 508

PLEADING TO INDICTMENT.-Doubtful plea
held "not guilty," 466
Same if accused decline, 466

Or cannot be made to understand, 466
Plea of guilty recorded, 467
How signed, 467

Prosecutor need not accept plea, 467
If accepted, sentence moved for, 467
Court may delay sentence, 467
Procedure if one accused pleads, 467
Evidence of character after plea, 467
Certificates allowed, 467

But not comments on facts, 467

PLEAS IN BAR OF TRIAL, 460
Pupilarity, 460, 461
Insanity, 460, 461
Prescription, 273, 274

Res judicata and tholed assize, 461, 462
This plea not good where events
changed, 461, 462

Or previous trial stopped by illness,
&c., 462, 463

Or nullity without fault of prosecutor,
462, 463

Promise of indemnity, 463

Is every Crown witness included? 463
Promise must be by high official, 463
And takes effect only when party made
witness, 463

Plea when to be stated, 464
PLEAS IN BAR OF SENTENCE-Delay not
granted to prepare, 526

Unless pleas at once stated, 526

No objection to libel or evidence, 526
Or juryman out of custody, 526
Circuit beyond month in libel, 527
Capital convict pregnant, 527
PLEDGE.-Appropriation of, br. of trust,

65

POACHING, 188, et seq.-See Night-Poaching.
POCKET-PICKING.-Attempt, police offence,

76

And a breach of peace, 188

Latitude-locus of theft by, 309
POINDED GOODS.-Re-taking of, 18, 19
POINDING.-Oppressive, not theft, 20, 21
POISON.-Murder by, 124, 125

Administration of, capital, 144

POLICE LOCK-UP, not prison-breaking to
escape from, 218

POLICE-OFFICER.-Theft by, aggravated, 51
Robbery by, 58
Reset by, 64

Seeing offence, or directly informed,
may arrest, 252

Breaking open doors in pursuit, 252
Must bring prisoner before magistrate,
255

POLITICAL RIOT.-Not mobbing if for na-
tional object, 180

May be mobbing if local, 180
PORT.-Jurisdiction where offence com-
mitted in, 245

POSSESSION.- Lawful, does not exclude
theft by custodier, 39 et seq.
See Theft, Letter i.

POSTAGE. -Overcharging, 92

Accused heard in mitigation, 467

Plea of "not guilty," 467

Second diet, 467, 468

Plea of "not guilty" sometimes with-
drawn, 518

In which case formal verdict convict-
ing, 518

ters, 70

Stealing, embezzling, secreting, or de-
stroying, 71

Letter containing valuables, 71
Stealing valuables from letter, 71

Stealing bag, or letter from bag, or

P.O. officer, or stopping mail, 71

PROFANITY.-Breach of Sabbath, 204
Strong case requisite, 204
Disturbing worship, 204

Forcible attempt to communicate, 204,

205

Punishment, 204, note 5, 205
Modus in libel for, 422

PROMISE.-Marriage by-sub. cop., in ques-
tion of bigamy, 197

Oath of, does not infer perjury, 210
Of reward excludes witness, 476

But not of reasonable sum beyond ex-
penses, or of protection, 477
Emitting declaration under, 258
PROOF before Court, accused, and assize,
485

Depositions of living persons cannot be
read, 485

Judge or jury cannot act on their own
knowledge of fact, 485, 486

Should jury inspect forged document ?

486

Foundation for discrediting witness,
486

By examining witness himself, 486
Prosecutor asking his witness question

to discredit exculpatory witness, 486
Rule as to foundation ignored where a
fact emerges unawares, 486

(a) Exam. must be relevant, 486

But latitude permissible, 486, 487
Witness must speak to facts, 487
But skilled evidence of opinion com-
petent, 487

This confined to legitimate bounds, 487
Proof contined to libel and defences, 488
Proof of collateral facts, 488
Insanity of relatives, 488

(b) Proof of family deformity, in evidence
of parentage, 488

Proof of rumour, 488

All res gesta may be proved, 488, 489
Question as to acts not libelled, in sedi-
tion, 489

Proof of ill-libelled offence, as evidence
as to simultaneous offence, 489
Of removal of goods in fireraising, 489
Of motive, 489

Malice within a fortnight needs no no-
tice, 489, 490

With notice may go far back, 490
Unless libel fixes limit, 490

(c) No notice needed, where malice denied

in defence, 490

Prior acts proving guilty knowledge,

490

Good character in defence, 490, 491

Proof against character incompetent,
491

Unless attempt to set up, 491

Proof of repute "a resetter" illegal,
491

May prove bad repute, 491

But only about time of offence, 491
Can acts of unchastity be proved? 491
Surrender to accused shortly before, 492
Or to others on same day, 492
General proof of after character incom-
petent, 492

Other witnesses cannot be attacked, 492
Unless so degraded as to affect credit,
492

Witness indicted for crime or con-
victed, 492

Extract conv. only proof of crime
against witness, 493

(e) Witness asked whether under fear, 493
Evidence as to witness' former life in-
competent, 493

Cross-exam. and proof that he made
different statement, 493

But not as regards precognition, 493
Even to support his testimony, 493
May be crossed as to statements in a
declaration, 493

Hearsay inadmissible, 493

But statements by accused received,
494

Even before offence, if throwing light
on it, 494

Statements by accused as witness, in
trial of another, 494

(f) Statement when charged, 494
Or that he remained silent, 494
But continued questioning by official
objectionable, 494, 495

Or entrapping or deceiving, 495
How as to eavesdropping, 495
Statements of accused alleged insane,

495

Statements to magistrates and fiscals
rejected, 495

Non voluntary statements by seamen
to officer, 496

Statement extorted by poor inspector,
496

Confession to kirk-session admitted, 496
(g) Statement to clergyman, 496
Statement to private person, 496
Unless oppressively obtained, 496
Quasi-official position of questioner may
exclude statement, 496

Proof of utterance in sleep, 496
Statements by accused proof only
against him, 496