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Pleas to the jurisdiction.
plea, offence out of jurisdiction of sessions, 515
continuances, and judgment on demurrer and respondeas Demurrers to indictments.
ouster, [516 general demurrer, 517 the like by inhabitants of parish, 517 common joinder, 517 demurrer to some counts on indictment for forcible entry, and
confession as to the residue, 518 joinder, 518
special demurrer, no time and place alleged, 518 Pleas in abatement.
misnomer of surname and addition, 520
autrefois acquit, on indictment for burglary, 258
replication, no such record, 538 Of pleas to merits of indictment.
entry of plea, not guilty, in treason or felony, 540
by township, confession to part and not guilty to residue, 541 SPECIAL PLEAS. 1. Highways. plea that two townships are bound to repair different parts of
way and general issue to residue, 542 to presentment of justice another parish bound to repair, 544 plea, two townships bound to repair in their district, 545 plea to presentment, inhabitants of two districts liable to re
pair, 547, 548 that particular liberty ought to repair, and not parish at large, replication traversing custom alledged in plea, 549 [549 plea by two inhabitants not guilty to part, and particular
individuals liable as to residue by reason of inclosures, 550 by parish, that road was created by statute-repairs made
by virtue thereof-particular districts liable to repair parts
within each-and other parts repairable by individuals ra.
tione tenuræ, 552 by parish, that commissioners under paving act are liable, 554 plea by parish, confession to first count, and as to the others
exemption under paving act, 555 replication-praying judgment on confession, and denying
residue, 556 plea by township-individuals liable ratione tenuræ, 557 that society of merchants of the city of Bristol liable ratione
tenuræ, 558 replication issue on traverse, 559 plea not guilty as to part, and as to residue two persons liable
ratione tenuræ, 559 plea not guilty as to part, and as to rest that occupiers of cer
tain farms ought to repair, 561 replication in K. B. denying the liability ratione tenuræ, 562 2. Bridges. plea by inhabitants of county that trustees under act of parli
ament liable, 564 plea proprietors of navigation liable to repair bridge, they having rendered it necessary, 566
[tion, 567 plea-individual bound to repair, setting forth former convic3. Miscellaneous Pleas. plea by mayor, &c. of Gloucester, to indictment for not repair.
ing gaol--inhabitants of city are liable, 568 replication and issue on traverse, 569 plea to presentment by commissioners of sewers, not guilty,
and process, 569 Demurrers to pleas, &c. .
to plea to indictment removed by certiorari, 571
CHAPTER I. ;:-.
THERE ARE NO FORMS APPLICABLE TO THIS CHAPITR.
INFORMATIONS, SUMMONS, WARRANTS, SUPERSEDEAS, AND
OTHER PROCEEDINGS BETWEEN ACCUSATION AND EX-
Middlesex, (to wit.) The information and complaint of Usual form A. B., of Hammersmith in the county of Middlesex, yeoman,
on of informataken and made on the oath of the said A.B., before me E.criminal of F., esquire, one of his majesty's justices of the peace, in and fence. (a) for the said county, on the first day of January, in the year of our Lord, eighteen hundred and sixteen, who on his oath saith, that (here state the subject matter of the offence, as in the following forms, observing the rules as to the mode of framing the information, ante I. Vol. 31. The offence may in general be described as in the following warrants and commitments, or as in an indictment, though more concisely than the latter, and if the offence be properly stated, the same description will suffice in the warrant.] And thereupon, he the said A. B. prayeth that justice may be done in the premises. (6) A. B. Exhibited before me, E. F.
Middlesex, (to wit.) Be it remembered, that on the first The like in day of January, in the year of our Lord, eighteen hundred another.
(@) As to the form and requi- all cases. sites of the information, see ante (b) The conclusicn, post 2. 1 vol. 31. This is the usual print with a prayer that a warrant may ed form of information, see Burn, be issued, seems proper. J. Felony, Sect. IV. Toone, 156. (c) See forms Williams, J. FeThe forms sometimes vary, see lony, X. Burn, J. Highways, the following precedents; but the Turnpike, d. Toone, Man. 158. above may be safely adopted in 77. See form and notes, supra. Crim. Law. Vol. IV.
[* 2] and sixteen, at Hammersmith,* in the county of Middlesex,
A. B. of — in the said county, yeoman, in his proper person, cometh before mę E. F. esquire, one of his majesty's justices of the peace, in and for the said county, and upon his oath, maketh complaint, that, [here state the substance of the offence as. directed in the last precedent.] And thereupon he the said A. B. prayeth that justice may be done in the premişės. :
A. B. Befote: me, E. F. The likę be: "Middlesex, (to wit). Be it remembered, that on this first fore two hus. day of January, in the year of our Lord eighteen hundred tices: (d):
and sixteen, at Hammersmith, in the county of Middlesex, A. B. of, &c. yeoman, cometh before us, É. F. and G. H. esquires, two of his majesty's justices of the peace in and for the said county, and giveth us to understand and be informed, that, [here state the substance of the offence as directed in preceding forms. And thereupon the said A. B. prayeth the judgment of us in the premises, and that our warrant may issue against the said C. D. to answer the premises. Exhibited before us, E. F. G, H.
Form of in
Police office, Union hall, Southwark, formation at Established pursuant to acts of parliament 32 Geo. III. cap. Police Office Southwark,
53, and 36 Geo. III. cap. 75. for obtaining Surrey, (to wit). Be it remembered, that on this — day of goods by - one thousand eight hundred and , at the police office, false preten. In
en. Union hall, in the parish of St. Saviour, in the said county of ces, on 30 Geo. II. c. 24. Surrey, — A.B. of —, in the parish of —, in the county of Šurs. 1. rey, yeoman, cometh in his proper person before me, one of
his majesty's justices of the peace in and for the said county
A.B. ē?2?2ņģēņ2–22/2ģffiti2\\2\\2\/\/2\2\\2\ēģtiti\/ti2 /2/2/22/222/22
fore me, E. F. The like for
Police office, Union hall, Southwark. larceny. Established pursuant to act of parliament, 42 Geo. III.
Surrey. The information and complaint of A. B. of the
parish of — in the county of Surrey, esquire, taken this
(d) Toone, Man. 77.
- day of — in* the year of our Lord one thousand f* 37 eight hundred and sixteen, before me, one of his majesty's
justices of the peace for the said county, Who, being upon oath, says, that on the day of — now last past, at the parish of - in the said county, (twenty silk handkerchiefs,] of the goods and chattels of this informant, were feloniously stolen, taken, and carried away; and that he hath just cause to suspect, and doth suspect, and verily believes that C. D. late of the parish last aforesaid, in the county aforesaid, labourer, did then and there feloniously steal, take and carry away the same, against the peace, &c. And thereupon this informant prayeth me, the said justice, to issue my warrant to apprehend the said offender, in order that he may be dealt with according to law, and justice done in the premises.
A.B. Taken and sworn the day and year first above written, before E.F.
Middlesex, (to wit). Be it remembered, that the first day Information of January, in the year of our Lord one thousand eight hun-of two per. dred and sixteen, at —
sons on 1 w. in the said county, A. B. of
couny, hod:01 and M. c. 18. in the said county, and C. D. of - in the said county, s. 18. for dig. severally came before me E. F. esquire, one of his majesty's turbing a li. justices of the peace, in and for the said county, and upon ce their several corporal oaths, gave me, the said justice, to gregation.
senting con. understand and be informed, that on Sunday last, being the (e)
- day of — instant, one G. H. of — yeoman, willingly
C. D. A. B. of yeoman, maketh oath, and saith, that on the Information - day of instant at Isleworth, in the county of for an af. Middlesex; C. D. of labourer, did violently assault,
(e) Toone Man. 359. See the (f) If the information be on indictments on the Toleration 52 Geo. III. c. 155. S. 12. this alAct, 5 Term Repts. 542, et ante legation does not seem necessary, 24 to 34, and 52 Geo. III. c. 155, ante ad vol. 24, 28. 8. 12, &c. which extends the re () Toone Man. 41. medy.