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INDEX TO NAMES OF Cases. Westbury Election Petition

Whiteley, app., v. Chappell, resp.Intimidating workmen-General terror -Respon

Board of guardians-Election of-False personasibility of principal-Single act of undue

tion of a voter-14 & 15 Vict.c. 105, s. 3 puge 240 influence voids an election—Threats - Recrimination--Costs--17 & 18 Vict. c. 102,

Windsor Election Petition 85. 2, 3, 5, and 36–31 & 32 Vict. c. 125,

Agency-Authority to canvass constitutes--Em

ployment—General management of electionAgency-Name on published list of committee... 450 Prior election-Parliamentary precedents— Treating-Influence on election.......

450
Costs.......

333 Scrutiny-Procedure.......

335 Westmioster Election Petition

Evidence--Previous election

335 Treating—Bribery -- Payments to voters for

exhibiting election placards--Intentions of
candidate-Agency-Canvassers of a political

Y.
association supporting the candidate-Com-
mittee of candidate, how far agents-Large
election expenditure-Statement of expenses

Young and another v. Figgins-
to be delivered to returning officer-Bills and

Parliamentary Elections Act--Costs-Recognivouchers-Cosis--Evidence

506 sance-Before whioin to be acknowledged...... 283

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INDEX TO SUBJECTS OF CASES.

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BASTARDY.
Payment can be ordered of no more than thirteen

weeks' arrears before the making of the order page 104
Application for summons for order—Place of resi-
dence of the

What is corroborative
evidence is for the justices only

573
BETTING HOUSES.
Temporary structure on a racecourse for betting pur-

poses-- Conviction for conducting business there-
Meaning of term “office” "place" in 16 & 17
Vict. c. 119, s. 3

185
BIGAMY.
Burden of proof of first husband or wife being alive
at the time of second marriage.........

564
(See Criminal Law.)

BODILY HARM.
(See Assuult Criminal LawWounding.)

BREAD.
Evidence of selling otherwise than by weight under
6 & 7 Will. 4, c. 37, s. 4

589
BUILDING SOCIETY.
Permanent mortgage to-Power of sale-Discount on
future instalments

604

-

APPEAL.
Right of, against an order of maintenance of a lunatic
pauper, in whom vested

89
To quarter sessions against an order of removal-

Right of respondent to costs—Justices declining
jurisdiction

379
To whom costs payable-Order bad in part—12 & 13
Vict. c. 45, s. 5-11 & 12 Vict. c. 43, s. 27 539

(See Quarter Sessions.)

ARCHES, COURT OF.
Parish consisting of two benefices, with a chapelry in

each-Duty incumbent to perform Divine service
-Authority of the ordinary-1 & 2 Vict. c. 106,

116
Practice - Letters of request may be moved by counsel

Church-rate Advance by commissioners
“church" includes "chancel"

619
Letters of request—Discretion of dean to accept or

refuse-Refusal without grounds alleged— Practice
-Heresy

........ 620
(See ChurchEcclesiastical Law.)

......

C. 80

...........

ARREST.
Privilege from, on civil process of a person charged

with an offence before a magistrate redeundo-Law
reviewed

..... 430

BURIALS.
Grant of exclusive right of burial-Right to plant

flowers on the grave-Right of board to make
regulations—Burials Act, ss. 33 and 38 .............

145
CAB ACTS.
Refusal to take fare-A railway station not a “public
street or road”—1 & 2 Will. 4, c. 22, s. 35......... 637

(See Hackney Carriages.)

CAMPBELL'S, LORD, ACT.
Obscene publications, what are.....

75
(See Nuisance.)

CATTLE.
(See Highway.)

ASSAULT.
On a constable—Unlawful apprehension

62
Verdict of, may be returned under an indictment for
maliciously wounding or doing grievous bodily harm 563

(See Criminal Law.)

BANKRUPTCY.
Admissibility of examination in a criminal prosecu-

578

CENTRAL CRIMINAL COURT.
Constitution of the court-Presence of the same two
judges during the trial—Sitting in separate courts

-Jurisdiction of the Judge of the London Small
Debts Court ......

599

tion ....

........

INDEX TO SUBJECTS OF CASES.

page 538

page 293

........

.....

chancel".

CERTIORARI.

COSTS.
To remove conviction-Recognisance-Absence of de- Payment of, out of the borough fund by a corporation
fendant-Enlargement of return

Bona fides........

On appeal against justices to grant alehouse licence -
CHARITY.
To whom payable

539
Trust for-Liability of trustees—Information ...... 382 Appeal against an order of removal — Abandonment-
Scheme-Trust to clothe and educate“ poor boys ”-

Right of respondent to costs........

379
Mode of extension-Capitation fee

567 Security for Power of Queen's coroner-Security
lost by lapse of time........

607
CHURCH.
Perpetual curate-Rector— Property and right of de-

CRIMINAL INFORMATION.
pastaring in churchyard-User

81
Parish consisting of two benefices with a chapelry in

When the court will not permit a second application

612
each-Duty of incumbent to perform divine service

to be made for a rule for—Practice
-Authority of the ordinary

116

CRIMINAL LAW.
Ornaments used against the wishes of the church-

wardens-Right to remove- -Right to keys of the False pretences- Obtaining money by pretending to
cbarch

203
carry on a certain business

126
Faculty to desecrate consecrated ground—Ecclesias- Larceny-A watch stolen in Liverpool, and sent to a
tical church-Probibition

583

receiver in Middlesex, is liable in the latter......... 127
Letters of request-Practice-Advance by com- Larceny-Circumstances under which the wife held

missioners—“Church” includes a chancel" 619 not to be acting under the control of her husband 128
(See Parish Law, Arches, Court ofEcclesiastical Rape-On an indictment for having carnal knowledge
Law.)

of a girl between ten and twelve, the prisoner may
be convicted of an attempt

128
CHURCH BUILDING ACT.

Malicious injury by an explosive substance-Must it
(See Ecclesiastical Law.)
be in a condition to explode

190
Perjury-A witness incompetent to be such in law
CHURCH RATE.
cannot be convicted of perjury....

189
Advance by commissioners—"Church " includes

Manslaughter – Indictment-Charging cause of death 226
619 False pretences - Charge of in indictment

226
(See Poor-rate-Ecclesiastical Law.)

Murder-By a private soldier in the discharge of his
duty

226
CHURCHWARDEN.

Verdict - Where indictment contained counts both for
Election of, by parishioners-Claim of exemption — felony and misdemeanor

227
Appointment of another-Conditional re-election...

12 Evidence-Where three jointly indicted, but one is
Ornaments used in the church without consent of

not on trial - Admissibility of his wife for the
Right to remove-Right to keys of the church 203

prosecution

227
Of a district church, duties of—Payment of minister's Evidence- Statements by a witness contradictory of

stipend out of pew-rents—Right of action against his evidence cannot be given by the party cal-
for arrears-Liability of incoming church wardenis

ling him

227
for rents collected and not paid over by outgoing 370 Einbezzlement-By the secretary to a friendly society 249
(See Ecclesiastical Law.)
Embezzlement-Who is a servant or agent

251
CHURCHYARD.

252
False pretences-Evidence of

Larceny-Young partridges cooped are the subject of 2:3
Property and right of depasturing in.........

81
Larceny-Agent parting with the property

253
(See Ecclesiastical Law.)
Rape—what amounts to

255
Manslaughter-By a foreigner, one of a crew of a
CLERGY, THE.

British ship wbile in a tidal river in France .......... 266
(See Ecclesiastical Law.)

Highway-Indictment for non-repair-Evidence of
liability to repair

380
CLERK OF THE PEACE.

Embezzlement - By treasurer of a friendly society 381
Removal of, by quarter sessions--Court will not

Larceny-Continuous act of by tapping a gaspipe 407
review decision

363

Abduction What is taking out of the father's
COLONIES.

possession

Misdemeanor-Previous conviction -Sentence-27 &
Offences committed by governors of_Summary juris-

28 Vict. c. 47, s. 2

429
diction of justices Taking of depositions 86 Evidence- Admissibility of dying declaration
CONSTABLE.

Malicious wounding-Grievous bodily harm-On in-

dictment for, a verdict of cominon assault may be
Assault on-Unlawful apprehension by-Duties of... 62

returned

563
CONVICTION.
Perjury-Materiality

563
Certiorari to remove

Bigamy-Burden of proof of first husband or wife
- Recognisance Absence of
being alive at time of second marriage.

564
defendant- Enlargement of return

538
(See Criminal Law.)

(See also, the various offences.)
CORONER.

CRIMINAL LAW CONSOLIDATION ACTS,

CONSTRUCTION OF.
Power of Queen's coroner-Security for costs

607

Larceny Act (24 & 25 Vict. c. 96), ss. 51, 103, 113
CORPORATION.
- Notice of action

61
(See Municipal Corporation.)

24 & 25 Vict. c. 98 s. 16–Forgery of plate of a
Scotch bank-note

66
CORPORATION, ECCLESIASTICAL.

(See Criminal Law.)
Lease by-Absence of corporate seal-Holding over

CUSTOM.
-Power of corporation to sue on a demise void for
want of seal

608 Right of inhabitants of a district to a flow of water
(See Ecclesiastical Law.)

-Who may maintain action for interference with 269

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428

......... 560

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INDEX TO SUBJECTS OF CASES.

page 273

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CUSTOMS.

Boroughs—Rating-What are rates made during the

time of occupation......
Offences against-Power of magistrate to mitigate

County-Notice of objection Statement of the list
penalties--Having contraband on board ship, deten-

on which the objector's name appears
tion for

............... 297
Franchise-Right of women to vote ..........

301
(See Excise.)

Practice-Right of a woman to appeal from the deci-
sion the revising barrister ..

308
DILAPIDATIONS.

County—Description of qualification-Lease for life... 308
Liability of rector for taking gravel from the glebe 222 Practice-Objection-Description of objector's resi-

dence....

310
(See Ecclesiastical Law.)

Practice-Notice of objection-Duplicate stamped by
DRUNKENNESS.

the Post-office-Variation-Description of ob-
23 & 24 Vict. c. 27, ss. 30, 40—Conviction for-

jector's residence

310
Dismissal on the merits

597

County-Right to vote in respect of leasehold pro-

perty conferring a right to vote for a borough 329
EASEMENT.

Borough--Notice of objection-Description of the list

-6 Vict. c. 18, schedule B, No. 10......... 330
(See Water, Right of - Way, Right of.)

Borough-Notice of objection-Description of list on
ECCLESIASTICAL LAW.

which the name of the person objected to appears... 331
County franchise-Annuitant of a society

345
Vault under chapel-Performance of service by incum-

Borough franchise Occupation of eleemosynary
bent in unconsecrated ground - Discretion of ordi- houses, whether as owner or tenant

346
nary to grant faculty to bury in the chancel or

Borough franchise-Rating-Composition for poor-
body of a church

rate-Occupier not rated to rate made after the
Colonial bishop-Invalid excommunication - Clerical

passing of the Act of 1867, but before Sept. 29 352
obedience
15 Borough franchise Rating — Composition

Sm 11
Right of bishop to require testimonials – Refusal to in-

Tenements Act, 8. 4, effect of

353
stitute-Canons of 1603-39th and 48th canons... 69 Borough franchise Poor-rate, when “made"-
Perpetual curate-Lay rector - Property and right of Claim to be rated by landlord, ratified by tenant
depasturing in churchyard-User
81 after expiration of the year

456
Marriage fee-Immemorial custom--Rankness... 111 Borough franchise-Claim to be rated—When to be
Parish consisting of two benefices with a chapeiry in

made-Representation of the People Act, s. 3

458
each-Duty of incumbent to perform divine service

County franchise Equitable leasehold estate-
-Authority of the ordinary
116 Member of a building society..

461
Digging gravel on glebe-Waste, action for against re- County franchise-Freeholder - Equitable freehold-
presentatives of deceased rector...
222 Actual and bonâ fide occupation

558
Ritualism-Elevation of the cup-Kneeling—Lighted
candles—Incense-Mixing water with the wine 287

II. Election Petitions,
Two chapelries united into a separate benefice, with Practice--Sufficiency of recognisances .

282
church in each-Duty of incumbent of benefice as Practice - Before whom recognisances are to be
to Sunday services in each—Church pulled down

acknowledged

283
and rebuilt on the same site-Whether reconsecra-

Practice - Technical objections not to be allowed
tion necessary-Act of Uniformity, s. 2—Ecclesias- Complaint against returning officer

283
tical offence under Church Discipline Act-Pro- Practice-Time for giving particulars

284
ceedings under 1 & 2 Vict. c. 106, ss. 77, 109 313 | Practice-Objection to surety-Costs

285
Bermuda-Bishop of Newfoundland --Status of

Practice— Tiine for giving notice of the invalidity of a
colonial bishops-Institution-Induction-Writ de

surety-Rule 21

2-5
vi lnicâ removenda-Court of Chancery in Burmuda 313 Practice-Before whom summonses are to be heard... 286
District church-Payment of minister's stipend out of Practice - Rules 6 and 7 are to be read together.

pew rents-Duty of churchwardens- Application Practice-Particulars— To what limit to be granted... 294
of pew rents paid in advance to arrears of stipend Practice-Sureties-Costs

294
-Right of action by the minister against the Practice-Scrutiny-What particulars to be given

295
church wardens for arrears—Rents collected by out- Practice-Stating special case-A question of law 295
going and not paid over to incoming churchwardens Practice — Particulars of inflammatory speeches,
-Church Building Acts

370
priestly influence, &c.

295
Consecrated ground-Faculty to desecrate-Prohi- Practice-Objection to recognisance-Omission to use
bition-Ecclesiastical Court.

term" acknowledgment

297
Letter of request must be moved by counsel--Prac- Practice-Particulars of agents alleged to have bribed
tice of Arches Court-Church-rate-Advance by and of the persons bribed

312
commissioners—“Church " includes "chancel" 619 Practice-Particulars of “other corrupt and illegal
Letters of request-Direction of Dean of Arches to

means"

313
accept or refuse-Refusal without grounds alleged Agency proved by authority to canvass—Employment
-Heresy—23 Hen. 8, c. 9—3 & 4 Vict. c. 86,

- General management of the election-Prior
s. 13 ....

620 election-Parliamentary precedents-Costs ......... 335
Sequestration ---Clergyman's life estate ............... 640 Practice-Scrutiny-An opening and reply will not
(See Church, ChurchwardensVestry --Arches,

be allowed on each vote

335
Court of:)

Evidence of acts done at a previous election will not
be allowed.........

335
ELECTION LAW.

Bribery--Agency-Relation between candidate and
I. REGISTRATION.

agent is that of master and servant--Form of
II. ELECTION PETITIONS.
petition ......

335
Bribery-Progress of polling-Agency....

338
Scrutiny-Costs—Vexatious petition or defe ice-
I. Registration.
Issues-Procedure

339
County- List of claimants - Notice of objection- Practice - Particulars of bribers and bribed...

......... 341
Who is a claimant within the exception
261 Practice - Particulars--- Separate lists

342
Practice-Consolidated appeal where some of the Practice — Time for presenting petition ---Sundays are
appellants are men and others women

..... 273
excluded from the calculation

348

..................

...... 286

...

.... 583

99

.......

..................

INDEX TO SUBJECTS OF CASES.

page 517

...

................

Practice-Sufficiency of security-Jurisdiction of Practice · Particulars of accounts Inspection of
coart-Construction of the Election Petitions Act

vouchers
1868, 88. 6, 8, 9, 22, 26

page 349 Scrutiny-Opening register – Practice — Ambiguous
Practice-Particulars of alleged misconduct of a re-

headings to lists of voters—Particulars-Receipt of
turning officer and his deputy-Order-Costs

356

parochial relief - Personation - Residence- Power
Practice-Petition-Application to strike out irrele- of judge to amend list of voters-Non-payment of
vant clause

357 rates-Matter for revising barrister--Double occu-
Practice Commission to examine a witness who was pancy--Ten lered votes--Intimidation ......... 517
358 Scrutiny- Residence to time of election necessary

522
Practice-Petition-Law and faet-Severance of alle Scrutiny--Voting at the wrong booths......

522
gations - Special case-Office of profit uuder the Scrutiny- Residence -Occasional sleeping place 523
Crown

358 Scrutiny--Identity-Practice-Ainendment of list 523
Practice-Particulars of evidence subsequently arising 359 Scrutiny-Parochial relief

523
Unpaid agents— Introduction of by candidate to Scrutiny-Parochial relief-Grandchild

524
voters--Candidate's responsibility for acts of sub- Scrutiny-Parochial relief-Loan by relieving officer 524
agents—Treating, evidence of Employment of Scrutiny-Relief--Father and son

524
Witchers

359 | Scrutiny-Relief between date of revision and election 524
Practice - Production of telegraphic messages......... 385 Scrutiny-Voter correcting vote given

524
Treating by agents, evidence of --Public-houses - Scrutiny-Female suffrage

525
Lavish expenditure, Failure to send in bills and Scrutiny-Mindescription

525
vouchers after the election
386 Scrutiny --Break of residence

525
Bribery–Treating-Undue influence.- Meaning of Scrutiny-Practice-Putting bribers in the list 525

"freely ”— Opening of public-bouses—17 & 18 Scrutiny-Bribery- Paying railway fares.......... 525
Vict. c. 102, 6s. 4, 12, 23

391 | Boundary of borough-Seven miles --Burden of proof 526
Practice-Restriction of particulars--Evidence 396 Payment of rates--Corrupt inducement to vote 526
Treating, evidence of-Case not included in particu- Objections before revising barrister-Further objec-
lars-Bribery-Statement by voter to third person tions--Practice

528
— Promise to pay voter's travelling expenses con-

Two voters with the same name>Disallowed voter
ditionally on voting - Agency - Authority to can-

voting

529
vass not always a test of --Costs
397 Loan to pay rates—Bribery

529
Treating—Evidence-Case not included in particulars 400 Double occupancy-Express decision

530
Practice -Getring up brief's, when costs of allowed... 409 Intimidation-A vote thus got is bad

531
Practice--Application to withdraw petition- Memorial Intimidating letter not genuine.............................

531
by electors-Costs.......
409 Scrutiny-Costs-Several issues

532
Voting tickets– Inefficiency of poll.clerk--Irregularity Scrutiny - Application after trial-Classes rejected-
in taking the poll - What necessary to avoid an Costs......

540
election-Adding tendered votes at trial .......... 418 Treaty between candidates ---Payment by one of the
Intimidation — Employment of pugilisis – Corrupt expenses of the other-Purchase of influence-

payment of rates-Proof of petitioner's case — Outvoters — Payinent of travelling expenses
Nonsait......

422 Bribery-Payment on account of previous election 541
Practice-List of bribed—Amendment of list......... 426 | Telegraph companies — Privilege-Evidence....... 557
Practice-Withdrawing petition--Procedure — Coin- Scrutiny-Non-payment of rates-Express decision
mencement of trial-Statutory notice --Costs...... 427 of the revising barrister, review of

569
Treating-Public-house -Quantity-Corrupt
motive-A

434

EMBEZZLEMENT.
Bribery at common law—Treating- Paying travelling By the secretary to a friendly society .................. 249
expenses of a person not entitled to vote-When Who is a servant or agent...........

251
exercise of influence illegal-Suspicion Infer- By a treasurer of a friendly society-If a clerk or
ential evidence- Promises....
437

381
Intimidating workmen-General terror — Responsi

(See Criminal Law.)
bility of principal - A single act of undue influence
avoids an election Threats Recrimination

ERROR.
Costs......

442

(See Writ of Error)
Agency- Name on published list of the comınittee ... 450
Treating, its influence on the election

450

EVIDENCE.
Intimidation – Treating Agency

Volunteers

Husband cannot charge his wife with a crime in a
Delegated authority to bring up voters.
450 collateral proceeding

..... 227
Practice - Particulars

Where three jointly indicted, but one is not on his
Agency-Coalition of candidates-Bribery—Treating trial, his wite is admissible for the prosecution...... 227

--Undue influence by land agent-General drunken- Statements contrary to the sworn evidence of a witness
ness--Agency by adoprion --Einployment of “pri-

cannot be proved against him by the party calling
vate police" –Employment of voters - Evidence-

him

227
Procedure - Effect of opening cases not proved — Of false pretences

.......................... 252
Costs......
482 Of rape....

255
Hiring of roughs—Conveyance of voters to the poll — Of liability of a parish to repair a highway............ 381
Treating — Drunkenness of voters -- - Undue in- Auinissibility of dying declaration

560
fluence-General violence not alleged in the petitive In perjury, of materiality

563
- Beer house-keeper's accounts-Custom of borongh Corroborative evidence in bastardy
-Payment of day's wages to partisan's employés Admissibility of the examination of a bankrupt in a
engaged in the election-Offers of bribes- Isolated criminal prosecution

578
payinents of trifling sums Agency Saltord Of false pretences........

579
election
498 Of selling bread otherwise than by weight

589
Treating– Bribery-Payments to voters for exhibiting Admissibility of declaration of a deceased tenant to

placards--Intentions of candidate--Agency-Can- prove terms of renting for purposes of settlement 625
Yassers of a political association Committee of

FAIRS.
candidate, how far agents--Large election expen-
diture-Statement of expenses to returning officer Markets and Fairs Clauses Act, s. 13—What is a
-Bills and vouchers-Costs - Westminster election 506 "dwelling-house or shop".

scores-

servant

........ 482

........... 573

........... 575

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