after the tact, 44.

for a misdemeanor, in receiving stolen
goods, 44.

for felony or burglary before the fact, 45.
for receiving the principal felon, 45.
for receiving or buying a stolen horse, 46.
for an affray generally, 54.

for an adray, and beating another, 54
prosecutor may proceed on, and by action
also, in assault and battery, 78.
for a common assault, 81.

for assaulting a constable in the execution
of his office, 81.

for an assault, with intent to ravish, 82.
for an assault and false imprisonment, 83.
for assault, false imprisonment, and ob
taining a sum of money for discharg
ing, 83.

the, like, and obtaining a note, 83.
for barratry, 136.

for having two wives at one and the same
time, 146.

for having two husbands at one and the

same time, 146.

for buggery, 148.

for burglary proper, 158.

for burglary and larceny, 158.

for burning a house, 161.

against a coroner, for refusing to hold an
inquisition, 203.

against a coroner, for extortion, 253.
for a forcible entry and detainer, at com.
mon law, 269.

on the statute, 269.

for forgery, 275.

for murder, in various ways, 296.

for horse-stealing, 302,

for an escape, 345.

for larceny, 370, 371.

for a libel, 375.

for a maim, 385.

for maintenance, 389.

for a nuisance, 407.

for prison breaking, 464.

for a rape, 475.

for carnal knowledge of a child, 475.

for a rescue, 494,

for a riot, 500.

for a nuisance in stopping a road, 507.

for robbery, 511.

of a slave, 559.

for murdering a slave, 560.

Indorsement, of payment on a bond, 234.

Infancy, how tried, 237.

INFANTS, 323.

capacity of, 323, 327.

when punishable for crimes, 323, 327.
contracts by, 326.

punishable for trespass, 325.

how he must sue and be sued, 325.

testament by, 326.

how bound apprentices,

64.*

how discharged, 65.

how far bound by an award, 101.

when witnesses, 236.

in no case a witness, without oath, 237,
473.

evidence of, in case of rape, 472, 473.

Infirmary, of penitentiary, 420.

INFORMATION, 327.

qui tam. 328, 332.

popular action, 328.
when denied, 329.
when granted, 330.
how granted, 331.
certainty in. 329.
jeoffails in, 329.

Injunction, execution after, 249.
Inns. (See Ordinaries.)

Inquisitions, before coroners,

197, 198, 200, 201,

202, 203, 337, 348.
may be taken by justices, 198.

Inscription, on a grave stone, evidence, 234.
INSOLVENTS, 332. Warrants for discharge of,
333, 334.

Inspectors of penitentiary, 428,
abolished, 441.

Intendment, nothing by, 320.
Interested witnesses, 237, 238, 239, 240.
by their own act, 233.

Interpleader, 86, 87, 88

Irons, not to be used, on arraignment, 69.
may be used on felons, 337.

Issue, evidence must apply to, 227.

affirmative in, must be proved, 244,
the counsel who begins the affirmative
must conclude, 245.

Items of account, attempt to prove, how far cou-
clusive, 231.

limitation of, 378.

JAIL AND JAILER, 335. Who shall have the
keeping of jails, 336. Jailer shall re-
ceive prisoners, 336. How they shall
be maintained; and the fees allowed
for maintenance, 336. How prisoners
shall be restrained and kept, 335, Huw
they shall be deliver d, 338. Escapes
in criminal cases, 338. Escapes in civil
cases, 339. What shall be an escape,
339. What shall not be an escape,
341. When he shall be retaken, &c.
after an escape, 342. What remedy by
an action for an escape, 344. Against
whom the action for an escape shall be
brought, 344, 538. Indictment against
a jailer, for negligently permitting &
prisoner committed to his custody, by
virtue of a justice's warrant, to es
cape, 345.
Jeoffails, statute of, extended to criminal proseCU-
tions, 207, 329, 433.

Jews how sworn, 409, 410.

Judge, extortion by, 252.

Judges, witnesses, 241.

conservators of the peace, 259.

not punishable for what they do as judges,

larceny, of, 365.

LARCENY, what, 362. Grand larceny, 362. Pe-

tit larceny, 367. Larceny from the
person. 369. Larceny from the house,
369. Warrant for larceny, 369. In-
dictment for grand or petit larceny in
general, 370. Indictment for breaking
a house in the day time, some person
being therein, 370. The same, no
person being therein, 370. For break-
ing a warehouse, 371.

prisoner may be acquitted of burglary,
and found guilty of larceny, 156.
in stealing a man's own goods, 167.
joinder for, in indictment, 316.

burglary and larceny in one indictment,

LUNATICS, 380. Of lunatics, or non compos
mentis, by the common law, 380. How
they shall be restrained and kept, 381.
Warrant forexamination of, 381. War-
rant for removal, 382. Recognizance
of friends, 382. Certificate of remov..
al, &c. 383.

how fact of lunacy tried, 380, 381.
contracts of, voidable by whom, 381.
wills made by, 381.

Mahometans, how sworn, 410.
MAIM, 384.

at common law, 384.

by statute, 384, 385, 421.
indictment for, 386.

how punishable at common law, 385.
Maiming (L. U.S.) 670.
Mainprise, 126.
MAINTENANCE, what, 386. How punishable
by the common law, 388. Of cham-
perty in particular. 388. What it is,
388. How punishable by the common
law, 388. How by statute, 383. Of
embracery in particular, 389. How
punishable by the common law, 38.
How by statute, 389. Indictment for
maintenance, 389.

what not, as between master and ser
vant, 393.

MANDAMUS, 390.

when it lies, and how to be prosecuted,
390, 391, 392. Return of 392.
Manner of death, in indietments, 320.
Mansion-house, in burglary, what, 152.
Manslaughter, 288, 421.
Manslaughter (L. U. S.) 671.
Marking, the lip or ear, 385.
Marriage Articles, form of, 638.
MARRIAGES, 392.

Master and Servant. 393.

who a servant, 393.
hiring a servant, 393.
correction, 393.
maintenance, 393.

beating servant, 393.

defending, 393.

inticing or employing, 393, 395.

liability for acts of servant, 394, 395.

wife, when deemed a servant, 394.

master not liable, where trespass lies, 395.
otherwise, where case, 395.

Masters of vessels, carriers, 163.

carrying away slaves, 545, 543, 552.
Matrimonial causes, not arbitrable, 104,
Maxims, 360.

information for, 331.

costs on indictment for, 331.

Misnomer, plea of, 318.
Misprision of felony, 254.
Misrecital of statute, 320.

Mistake of arbitrators, 119, 120.
Mittimus (see commitment) 183.
Money, 182.

remitted by post, at whose risk, 418.
whether it can be taken in execution,

534.

Mortenges, forms of, 639.

Motion, against sheriff, &c. how long, 249.
Mulattoes, who, 540, 541.

orphans, apprentices, 64.

Murder, 289, 337, 419, 421, 433.

plotting, or conspiring, by slaves, 542.

Murder (L. U. S.) 671.

MUTE, 398.

Mule (L U.S.) 672.

Mutual accounts, limitation of, 378.
Name, in indictments, 318.

of prosecutor to information, or indict-
ment, 331.

NE EXEAT, 399.

how, and in what cases granted, 399,

Vose, slitting, or biting off, 384, 385, 434.
sotes, witness may refresh his memory by, 245.
Rodice, to produce deeds and writings. 232.

must be given by justice to adverse party,
360.

to take depositions, 606, 607.

AUISANCE, what, 404. How it may be removed,
406. How punished, 406. General

indictment for a nuisance, 407. Indict
ment against a butcher, for using his
shop as a slaughter house, in a public
market, 407.

Number of witnesses, 227.

Carris, 408. Of oaths in general, 408. How
administered, 408, 409. What solem-
nities may be used instead of, 409, Oaths
of infidels, 409.

must be taken in a judicial proceeding, to

constitute perjury, 409.

oath of witnesses, 409.

of Jews, 409, 410.

of Mahometans, 410.

additional, of overseers of poor. 554.

Fences, not enumerated in penitentiary law,

how punishable, 429.

icers, when they may kill in making arrests,

75.

when to shew their warrant, 75.

inions of witnesses, 244.
RDINARIES, 410. Warrant for taking more

than legal rates, 410. Summons
against the keeper of a tippling house,
411. Recognizance, 411. Mittimus,
412. Prosecution against, 412.

iginal, of private deeds or instruments, must
be produced, 232.

when dispensed with, 232.

yhm. bound apprentices, 63.

black or inulatto, how bound, 64.

PARTITION, 414.

Partners, execution against, 250, 416, 417.
see Partnership.

PARTNERSHIP, what, 415.
partners, who, 415.
fiability, 415, 416.
nature of estate, 415.
what survives, 415, 415.
actions by or against, 416-
execution against, 416, 417.
how dissolved, 417.

notice of dissolution, 417.
effect of notice, 417.

acts of partners, 417.

cannot bind each other by deed, 417.

set-off by partners, 417.

injunction to execution against one, 417.

Party, when witness, when not, 238.

Pass, to slaves, 540.

Patents, presumed, 228.

PAYMENT, 417.

application of, 417.

of rent, when, 417.

remitting money by post, 418.

voluntary, cannot raise an assumpsit,
418.

to an attorney, 418.

of one thing in satisfaction of another,

rupe, 419.

murder, in second degree, 419, 433.
robbery, 420, 438.

burglary, 420, 438.
horse-stealing, 420, 438.
simple larceny, 420.

petty larceny, 420, 435, 439.
robbery or larceny of obligations, boris,
bills obligatory, bills of exchange, pro-
missory notes, lottery tickets, paper
bills of credit, certificates of public
debt, 420.

robbery of bank notes, 441.
counterfeiting, or passing counterfeit
coin, 420.

counterfeiting, or passing counterfeit
bank notes, 420, 440.
maiming, 421.

PENITENTIARY, manslaughter, 421.
benefit of clergy abolished, 421.
murder of first degree, 421.
power of jury, 422.

offences, not enumerated, 422, 429.
buildings, 422.
cells, 422.

appropriation, 422.

conveyance of prisoners, 422, 430.
solitary confinement, 423.
characters of prisoners, 423,
second offences, 423.

option of trial, when, 423.
challenge, 424.

contagious disorders, 424.

clothing and diet, 424, 449.

employment, 424.

materials, &c. 425.

fraud, in keeper, 425.

accounts with conviets, 426, 438.
white-washing walls, 426.
infirmary, 426.

punishment of prisoners, 427, 447.
keeper, how appointed, 427.

his salary, &c. 427, 441, 445.

inspectors, 428, 441.
escape from, 429, 439.
introduction of ardent spirits, 429.
commencement of law, 429.
called courts, not meeting,
guards, how paid, 431,

30.

what sheriff to convey prisoners to, 431.
surrendering persons, to be tried before

a foreign tribunal, 432, 533.

trustees of convicts' estates, 434.
trial of free persons, 436.

board for establishing rules, 439.
limitation of penal prosecutions, 439.
of prosecutions for perjury,

440.

hog-stealing, 440.

burning barn, corn-house, &c. 440.
slitting ear or lip, 440.

attempt to ravish, by slave, 44).
bailable, who, 441.

forging checks of bank, 441.

forging seal of 441.

board of inspectors of, abolished, 442.
powers given to executive, 442.
physician to. 442.

slaves, burning barns, stacks, &c. 443.
challenge, on misdemeanors, 443.
destroying wills, 443.

presentments, how prosecuted, 444.
advices of council concerning, 444.
agents for, 444, 446.

rules and regulations for, 447.
comparative view of operations of, 450.
PERJURY, 451. Of perjury and subornation by the

common law, 451. By statute, 453, Of
matters common to both, 454.

for ever disqualifies a witness, 236, 414.
can only be in a judicial proceeding, 401
difference between perjured and for

sworn, 409, 452.

Perjury (L. U. S.) 673.

Permits, 446, 448.

Personal actions, limitation of, 377.
Personal estate, slaves, 545.

Personal goods, only subject of larceny, 365.

Petit larceny, 367.

trial for, 368, 207, 435.

punishment of, 435, 439.

Petit treason, 419, 588.

Physician to penitentiary, 442.
PILLORY, 454.

Piracy (L. U. S.) 674.

Pitch, 459.

Place, in indictments, 319.

Pleas, in assault and battery, 78, 79.

Plotting, by slaves, 542, 548.
Poison (see Homicide) 290.
Polls, challenge to, 349, 351, 252.
Polygamy, 144.

PRESENTMENT, 462.

process on, 465, 466.
called court, after, 444.

Presumptions, 227, 228.

of payment, 234.

of death, by absence, 243.
Prison-bounds, bond, 533.
PRISON BREAKING, 462.
indictment for, 464.

Prisoner, how arraigned, 69.

when he may be retaken, when not,
249, 340.

dying in jail, inquest on, 197, 337.
process against, how executed, 249.
where kept, 336.

when ironed, 337.

Privileges, from arrest, 69, 70.

Probate of will, copy of, evidence, 234.
PROCESS, 465.

on presentments, 465, 466,
on indictments, 466.
how executed, 467.
discontinuance of, 467.
superseded, 468.

Process (L U. S.) 676.

Profert of lost deeds, excused, 233.
Promissory note, forging, 272,

Prosecutor, name of, when not required. 331.
Public seal, keeper of, extortion by, 252.
Punishment of convicts in penitentiary, 427,

447.

Quakers, how qualified, instead of oaths, 409.
QUARANTINĖ, 470.

Que tam, 328.
Rafiling, 379.

RAPE, 470. What it is, 470, 471. Evidence on
indictment of rape, 471. Punishmen:
of rape. 473. Principal and accessary,
474. Warrant for a rape, 474. In-
dietment for ravishing a woman, 475,
Indictment for carnally knowing and
abusing a female child, under ten years
of age, 475.

attempt of, by slave, 441.
Rations of convicts, 449.
Real actions. limitation of, 376.
Rebellion, by slaves, 542, 548.
Receipt, for rent, 228.

Forging, 272, 273.

Receivers of stolen goods or horses, 38.
RECOGNIZANCE, 475.

who empowered to take them, 476.
to whom payable, 476.

how acknowledged, 476.

form of, 476.

with sureties, 477.
without sureties, 477.
of bail, by affrayers, 52.
for an assault, 80.
execution on, 80, 131.
in a criminal case, 131.

of special bail, 131.

in detinue, 131.

in barratry, 135, 136.

of reputed father of a bastard, 140.

Reference, by rule of court, how to be made,
105, 106.

act concerning, not to extend to cases
where suit was depending, 106.

Registers, parish evidence, 234.

of free negroes and mulattoes, 546, 551.
free negro, &c. giving to slave, 548.
of slaves held for life, 551.

Relations, witnesses, 235.

Release, in assault and battery, 79.

in pursuance of an award, 125.

to interested witnesses, 237, 238, 239.

Releases, forms of, 642.

Remainder-man, not a witness, 239.
RENTS, 478. The several kinds of rents, 479.

The remedy by distress, 480. Whether
a distress will lie for land and personal
property, 481. For what causes a dis-
tress may be made, and in what other
man er rent may be recovered, 481.
What goods may be distrained, and
what not, 482. At what time and place
the distress shall be taken, 484. That
reasonable distress shall be taken, 485.
Manner of making distress, 485. Dis
tress, how to be demeaned, 485. Of
rescous and pound breach, 486. Reple
vying the distress, 486. Sale of the
distress, 486. Irregularity in the pro-
ceedings, 487. Landlord re-entering,
on non-payment, 487. Attorning to
strangers. 487. Rent, in case of exe-
eutions 487. Rent, how far recoverable
by executors and administrators 488.
Attachments for rent, 488 Warrant
of attachment, 488. Practical direc-
tions as to the making of a distress for
rent, 489. Warrant of distress, 489.
Notice to the tenant, 490. Notice to a
sheri levying an éxecution, 490. Re-
plevy bond for rent, 491. Of the action
of replevin, 491. Declaration in re-
plevin. 492. Avowry for rent in arrear,
492. Replication, 493.

who may make distress in respect of their
interest, 481.

where the premises are destroyed, 482.
distress for, of goods of others, 483.
distress where goods are removed, 484.
working, or using distress, 485.

Replevin, 491.

Replevy bond, for rent, 491.
Replevying distress, 486.

Replication, in replevin, 493.

Reputation, proof of being a justice, 233, 234.
proof of death, when, 243.

Rescous, 482. 486.

In

ROBBERY, 508. What taking away will be
sufficient to constitute robbery, 508.
What shall be said to be a taking from
the person, 509. What kind of taking
shall be said to be violent, 509.
what respects robbery differs from other
larcenies in the crime and punishment,
510 Warrant for robbery, 511. In-
dictment for robbery, from the person,
on the highway, 511.
Rout (see Riot, &c.) 496.

Rule of court, reference by, how to be made,
105, 106.

act concerning references by, not ex-
tended to references in causes depend
ing, 106.

Rules of penitentiary, 447.
RUNAWAYS. 512. Certificate of a magistrate
to the apprehender, 513. Proof of
property, 514. Bond to indemnify the
sheriff, 514. Warrant against a she-
riff, jailer, &c. for taking more than
legal fees, $14.

Running accounts, limitation of, 378.
SABBATH, working on, 515. Warrant for la-
bouring on a Sabbath, 315.

what process may be executed on, what
not, 515,-