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LINEN,

larceny of, in process of manufacture, 220
injury to machines or manufactures, 279
LIQUIDATION: v. Bankrupt.

LOCUS IN QUO, view of, by jury, 450

LOCK, destroying, 281

LODGERS, larceny by, 219

LODGING THIEVES, &c., 231

LOOM: v. MACHINERY.

LORD HIGH STEWARD,

court of, 299

at Oxford or Cambridge, 314

president on impeachment of peer for high treason, 297

on indictment of peer, 298: v. 313, n.

LORDS, HOUSE OF: v. PEERS.

LOST GOODS, larceny of, 215

LOTTERIES, 142

LUCRI CAUSÂ, in what sense taking in larceny must be, 217
LUNATICS, 21

assault on, 196: v. INSANITY.

M.

MACHINERY,

demolishing, 279

damaging, if used in certain manufactures, 279

used in others, or in agriculture, 279

MADNESS, 21: v. INSANITY.

MAGISTRATE,

slanderous words uttered to, 57

false declarations before, 87

contempt of court by, 103

issue of warrant by, 318

summons, 318

information to, 319

arrest by, 322

proceedings before, 327

examination, 327

depositions, 327

binding over witness, 328

[blocks in formation]

bail, 330

the sureties, 331

refusing or delaying bail, 331

excessive bail, 332

proceedings against, 499: v. SUMMARY CONVICTION.

MAIL, offences with regard to, tried in any county through which
it passed, 353: v. POST OFFICE.

MAIM,

wounding, &c., with intent to, 191

animals, 283

MAINTENANCE, 97

what acts do not amount to, on account of relationship, 97
curalis, ruralis, 97, n.: v. CHAMPERTY.

MALA IN SE AND MALA QUIA PROHIBITA, 5

as a test of the responsibility of ambassadors, 32

the distinction noticeable in offences against public trade, 120
MALICE,

equals, in legal signification, criminal intention, 13
when it must be directly proved, 13

when presumed, 14

active or positive, passive or negative, 14

express or implied, 14, 167

danger of entertaining the moral signification, 15

absence of, exempts from criminal responsibility, 19,
presumed in homicide, 155

aforethought (prepense), or murder malice, 166
MALICIOUS INJURY: v. ARSON.

to houses by explosion, 278

by demolishing, 279

in the case of tenants, 279

to manufactures and machinery, 279

mines, 280

vessels, 280

wrecks, 281

sea and river banks, 281

bridges, viaducts, and aqueducts, 281

turnpikes, 281

walls, gates, &c., 282

railway trains and telegraphs, 282

ponds and fish, 282

MALICIOUS INJURY-continued.

animals, 283

trees, 284

plants, 284

hopbinds, 285

works of art, 285

general provision, if damage exceeds £5, 285

if it does not exceed £5, 285, 487

making a dangerous or noxious thing with intent, &c., 286
not necessary to prove malice against the owner of the pro-
perty, 286

no defence that the offender was in possession, 286
general intent to defraud will suffice, 286

summary jurisdiction, 487

MANAGER: V. COMPANIES.

MANGANESE, larceny of, 201

MANSLAUGHTER, 169

moral character varies widely, 169

voluntary, 169

the instrument used, 170

distinguished from homicide se defendendo, 160, 170

involuntary, 170

negligence, 171

accessories before the fact, 36, 172

punishment, 172

by fighting, 173

by correction, 173

while doing an unlawful act, 173

a dangerous act, 174

of officers of justice, 174

by officers, 174

states of mind constituting manslaughter, 176
MAN-TRAP, setting, 150

MANUFACTURES,

offensive or dangerous, are nuisances, 141

larceny of goods in process of, 220

malicious injury to, 279

MARINES; v. ARMY.

MARRIAGE,

offences connected with, 135, 136, n.

forging licence or certificate, 264 v. REGISTER.

MARRIED WOMAN: v. WIFE.

MASTER, still in possession, though goods intrusted to servant, 212

MATERIALITY: v. PERJURY.

MATRONS, jury of, 473

MAYHEM, 191

MEDICAL EVIDENCE ON INSANITY, 23

MEETING-HOUSE: v. CHAPEL.

MENACES: V. THREATS.

MERCHANDISE MARKS ACT, 1862..125

MERCHANT,

embezzlement by, 237

trafficking in property intrusted, 238

MESSAGE: v. TELEGRAPH.

METAL, &C.,

belonging to house, larceny of, 201

purchasing less than specified quantities of old, 294

MIDDLESEX, offences committed in, may be tried in Q. B. Division,
but usually at sessions or C. C. C., 300, 306

MIDDLESEX SESSIONS, 312

MILL, setting fire to, 273

MINE,

larceny from, 201

setting fire to, 275

malicious injury to, by conveying water, &c., 280

obstructing ways, 280

obstructing engines, &c., 280

MINIMUM PUNISHMENTS, abolished, 455

MISADVENTURE, homicide by, 160

MISCARRIAGE, attempts to procure, 182

MISDEMEANOR,

distinguished from felony, 8

meaning of the term, 10

further points in which it differs from felony, 10

compounding, 100

verdict for, though facts shew felony, 443

general punishment for, 456

MISFORTUNE, OR MISHAP, as an exemption from criminal responsi-

bility, 28

MISJOINDER OF COUNTS: v. Counts.

MISNOMER V. NAME.

MISPRISION,

meaning of, 8

MISPRISION-continued.

negative or positive, 8

of treason, 54

of felony, 101

MITIGATE PUNISHMENT, power of Court of Summary Jurisdiction

to, 479

MOCK AUCTION, larceny by means of, 211

MOHAIR,

larceny of, in process of manufacture, 221

injury to manufactures or machinery, 279

MONEY: v. FALSE PRETENCES.

MORAL NATURE of an act does not determine whether it is criminal,

4, 72, 135

MORALS, offences against public, 135

MORAVIAN: v. QUAKER.

MOTIVE,

may explain the intention, but does not determine the quality
of an act, 13

absence of, does not prove insanity, 23

MOULDS, making, &c., for producing bank-notes, &c., 271
MUNICIPAL ELECTION,

false declarations as to, 87

bribery, &c., at, 95

MURDER, 163

varies in moral character, 163

definition, 164

the offender must be of sound memory and discretion, 164

the unlawful killing, 164

form of death, 164

cause of death, 165

time of death, 165

variance as to the form of death, 165

finding the body, 166

the offender must be a reasonable creature, in being, and under

the king's peace, 166

the malice aforethought, 166

express and implied malice, 167

punishment, 168

accessories after the fact, 168

on indictment for murder the jury may convict of certain

other offences, 168, 444

murder in fighting, 173

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