semblies, ib.; 36 George III. c. 8. ib. ; 39 George

III, c. 79. 352; exceptions, 353; free mason, ib. ;

penalty and method of procedure under the statute,

354; mitigation, ib.; disorderly houses, ib.; printing

presses, &c. ib.; sale of types, &c. ib. ; affixing the

printer's name and designation, ib.; searching for

suspected printing pressess and types, and arresting

offenders, 356; 36 George III, c. 7. for securing the

king's person, 357,

§4, PRIVATE BREACHES OF THE PLACE, 351.

Riot act, 357; number of rioters, ib..; order to dis-
perse, ib.; form of proclamation, 358; who may
make proclamation, ib. ; what justifies an order to
disperse, ib. ; when is the proclamation unnecessary,
ib.; if it be opposed, ib. ; if any of the mob be killed,
ib.; what is a beginning to demolish, 359; damages
due to the sufferer, ib. ; is loss of furniture and other
personal funds included, ib. ; mobbing, 360; English
law, 361; combination supposed, ib. ; private ob-

...ject, 362; force, ib.; mere assembling, 363; art and

part, ib.; punishment, 306, 307, 368; affray,

369, 370, 371; what is it? 369; by mere words?

370; if without actual violence, ib. ; incendiary let-

ters, 371, 372, 373; verbal threats, 372; duelling

373; its origin, ib, its punishment, 376, 377;

CHAP. II. OF PREVENTIVE JUSTICE, 379, 429.

༄* ། 3

{1, HISTORY OF IT, 379, 381.

Saxons, 380; Normans, ib.; Scotland, ib.

2, LAWBURROWS, 381, 389.

7 hi

Causes of granting lawburrows, 382; fear, if genuine,

383; penalty, ib. how incurred, 384, 385, 386;

if maliciously applied for, 387; who may take out
this writ; ib.

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3 SURETY OF THE PEACE, 389, 399.

What judges may take it? 390; whom may the

B

judge bind of his own motion ? ib.; who may demand
it? 391; against whom? ib.; oath necessary, 392
what fear necessary, ib.; manner of taking it, 393;
by word, ib.; by writ, 394; offer of sureties, ib.
when new sureties may be demanded, ib.; form of

the bond or recognizance, 395; how long may a

person be bound to keep the peace, ib.; how dis-

charged, 395, 396; a recognizance generally to keep

the peace, ib.; if it specifies the time, but no person

before whom appearance is to be made, ib.; if a gen-

eral sessions intervene before the time specified in the

recognizance, ib.; release of a recognizance, ib.;

sureties, representatives, ib.; forfeiture of the re-

cognizance, 397.

SURETY OF THE GOOD BEHAVIOUR, 399.

要

Definition of it, 399; ancient conservators of the

peace, their power respecting the good behaviour,

401, 402, 403, 404; when to be required, 400;

origin of the power of English justices as to the

good behaviour, ib. 401; how forfeited, 402, 403,

404.

5, PREVENTION OF CIVIL WRONG, 404, 407.

General view, 404; Roman form of beginning pro-

cess, ib.; English practice, ib. ; ancient practice, 405;

present practice, 406; inducia necessary, ib.; abbey
prison, 407; sanctuary, ib; may one in the abbey
be cited as a party in a criminal action, ib.; if his
evidence be necessary as a witness, ib.

6, ARRESTMENT WITHIN BOROUGH, 408, 409, 410.

In what boroughs, 409; certification of wrongous
imprisonment, what caution, judicio sisti; not judi-
catum solvi, ib. ; if the debtor appears, but has ob-
tained letters of advocation, ib.; border warrants,
411, 412.

8, ARRESTMENT OF STRANGERS, TO FIX A FORUM,

412, 413, 414.

Origin of it, 412; foreign deeds, how diligence pro-
ceeds thereon, 413; does the sanctuary and sunday
avail such stranger, ib.

9, SUMMARY WARRANT, MEDITATIONE FUGÆ, 414,

429.

How granted, 415; previous examination if neces-

sary, ib.; caution, effect of it, 416; sanctuary-

surday, ib.; evidence necessary, 417; if there ap

pears to be no ground of applying for it, ib.; can

one under caution judicio sisti retire to the sanctuary?

ib.; if he succeeds a peerage, 421; may he retire to

the sanctuary as to other creditors, ib. ; a justice of

peace may grant the warrant, ib. ; judge ordinary,

422.

10, SUMMARY WARRANTS TO ONE FOREIGNER AGAINST

ANOTHER, 422, 423.

Strangers may be arrested, 123; case of Wooley and

Maidment, 426; of Lechinere, Tasker against

Mercer, offer of caution to appear in his native

Court's? 428. napakas

CHAP. III. OF REMEDIAL JUSTICE, 430, 477.

§ 1, GENERAL VIEW, 430,

2, SEARCH WARRANTS 431, 435.

Upon what evidence? 431; who may grant warrant

to search, ib.; form of the warrant, ib.; when grant-

ed before the crime be committed, 432; warrant to

break open doors, ib.'; search in virtue of 22 George

III, c. 58, 433; to whom directed, ib.; search, is it

in the day time only, ib.; what must the justice of

peace do with the goods recovered, 434; if stolen,

but not by the party, ib.

8, ARREST, 435, 439, 440.

WITHOUT A WARRANT, 435; magistrates, officers,

ib.; private individuals, ib.; English law, ib.; private

individuals can they arrest affrayers and petty delin-

quents, 436.

BY A VERBAL ORDER, ib.; 437.

When a justice or other magistrate may verbally
order an arrest to take place, 436; private indivi
duals when bound to obey the personal order of the
justice, ib.; of the constable, ib.

Written warrant 438; form of it ib.; before whom is

he brought, ib. to whom is the warrant addressed,
ib.; indorsation of the warrant, 439; waṛrant either
for examination or immediate committment, ib. ;
form of those by the court of justiciary, ib.

NJ

...A, PRISONERS' EXAMINATION, 440. ̧ ̧

When it ought not to proceed? 440; not to be

punished though he refuses to say any thing, ib.

5, PRECOGNITION, 440, 445.

If the examination shews the accusation to have beek

groundless, 440; unreasonable delay punishable, 441;

citation of witnesses, ib.; may the witnesses be
sworn, ib.; is the accused entitled to attend or have
any person for him present? 442; if witnesses hear
one another precognosced, ib.

6, WILLIAM, PARL. I, 1701, c. 6, 445.

COMMITMENT, 446, signed information, 447; its

effect, 449; prisoner gets a duplicate of the war-

rant, 450 jailors and officers punishable, 451;

method of relief, ib.

BAIL, 452; crimes bailable, 454; general rules, ib.

what magistrates can grant bail, 456; if the warrant

be from a justice, but the crime not triable by the

sessions, ib.; form of applying for bail, ib. to whom,

ib. ; limited time for granting or refusing it, 457;

who judges of the sufficiency of the bail, ib.; terms

of the bail, ib. ;

FORCING ON THE TRIAL, 458, 471; oppressive

delays, ib; common law remedy, ib; statutory

i

remedy, 459; day of commencing the trial, is it
counted, 467; intimation to whom, 468; if the pro-
secutor disobey the intimation, ib.; mode of obtaining
liberation, 469; different cases resolved, ib; recom-
mitment, ib; new criminal letters, ib.

EXCEPTIONS; treason, 472, 473 474; forgery,
ib; personal diligence, ib; colliers, &c. ib; arrest
to keep the peace, ib; disobedience to church cen◄
sures, ib; riots, c, ib.

PAINS of wrongous imprisonment, 474, 475.
What imprisonment means, 475, 476, 477; does
it apply to private prisoners, ib; where the party in
confinement is in danger of his life, he gets out on a
bill of health, 477100 viz.6