Money found on prisoner to purchaser of property on restitu person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following: "I, A. B., do solemnly, sincerely, and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful; and I do also solemnly, sincerely, and truly affirm and declare," etc. which solemn affirmation and declaration shall be of the same force and effect, and if untrue shall entail all the same consequences as if such person had taken an oath in the usual form; and whenever in any legal proceedings it is necessary or usual to state or allege that jurors have been sworn, it shall not be necessary to specify that any particular juror has made affirmation or declaration instead of oath, but it shall be sufficient to state or allege that the jurors have been sworn or affirmed.” *1025] *9. Where any prisoner shall be convicted, either summarily or otherwise, of larceny or other offence, be given to which includes the stealing of any property, and it shall apnot known pear to the court by the evidence that the prisoner has sold to be stolen, the stolen property to any person, and that such person has tion of had no knowledge that the same was stolen, and that any moneys have been taken from the prisoner on his apprehension, it shall be lawful for the court, on the application of such purchaser, and on the restitution of the stolen property to the prosecutor, to order that out of such moneys a sum not exceeding the amount of the proceeds of the said sale be delivered to the said purchaser. property. the body of indicted without habeas Governor of 10. Where recognizances shall have been entered into for prison to bring up the appearance of any person to take his trial for any offence any person at any court of criminal jurisdiction, and a bill of indictment shall be found against him, and such person shall be then in writ of the prison belonging to the jurisdiction of such court, under warrant of commitment, or under sentence for some other offence, it shall be lawful for the court, by order in writing, to direct the governor of the said prison to bring up the body of such person in order that he may be arraigned upon such indictment without writ of habeas corpus, and the said governor shall thereupon obey such order. corpus, underorder of court. Extent of Act. Commencement of Act. 11. This Act shall not extend to Ireland. 12. This Act shall come into operation on the first day of October, one thousand eight hundred and sixty-seven. INDEX. [The references are to the star paging.] ABANDONMENT of children by parents, 398. See Child. whether an offence at common law, 267. of a woman from motives of lucre, id. of woman under 21 years against the will of her guardian, 268 taking away a woman by force, with intent, etc., id. of girl under sixteen, id. of children under fourteen, id. what constitutes, 269 meaning of word "taking," id. meaning of word "possession," 270 proof of want of consent of guardian, 271 of age, 272 bond fide belief of over age no defence, id. of the woman being an heiress, id. ABETTORS. See Accessory. ABOMINABLE CRIME. See Infamous Crime. ABORTION. procuring, at common law, 274 administering poison to procure, id. proof of administering, id. proof of the nature of the thing administered, 275 proof of the intent, 276. See Poison. manslaughter in procuring, 725 ACCEPTANCE, obtaining, by false pretences, 498 how they are to be indicted, tried, and punished, 83, 185 ACCESSORY-continued. after the fact in felony, 186 how indicted, tried, and punished, 188 accessories in misdemeanors. 189 venue and jurisdiction, id. accessories under the Explosive Substances Act, id. aiding under the Corrupt Practices Act, 345 in coining, 412 proceedings against, for forgery and offences connected therewith, 562 who is, in forgery and uttering, 593 after the fact to murder, how punished, 747 to murder, 808 to piracy, 870 to offences relating to post-office, 876 to rape, 902 ACCIDENT, death caused by, 716. See Manslaughter and Murder. ACCOMPLICE always admissible as a witness, 130 leave of court must be obtained, 131 how obtained where he is to be taken before grand jury, id. not inadmissible because he has a promise of pardon, id. corroboration of, id conviction on testimony of, uncorroborated, is legal, id. anomalous state of the law, id. betters not accomplices, 133 nature of corroboration which it is usual to require, 133 situation of, when called as a witness, 135 what claim he has to pardon, id. evidence given by, may be used against him as a confession, 136 ADMISSIBILITY OF EVIDENCE. See Evidence, Hearsay, Dying Declaration. question for judge, 13 preliminary questions of fact how decided, id. ADMISSION. See Confessions, Evidence. in criminal cases, 7 by agents, not generally evidence against principal, 52 ADULTERATION of food, 393, 824 ADULTERER, larceny of goods of husband by, in conjunction with wife, 681 whether parties present at a prize fight are guilty of, id. AGE. See Infancy. proof of, 272, 903 AGENT, admissions by, not generally evidence against principal, 53 fraudulently selling property, 279 under power of attorney, id. obtaining advances on property, 280 exception, id. definition of terms, id. persons accused not protected from answering, 162, 281 when not liable to prosecution, id. nature of disclosure, id. cases under statute, 282 direction in writing, id. barratry by, 325 publication of libel by, 707 liability for nuisance caused by, 825 ratification of receipt by agent, 917 AGGRAVATED ASSAULT. See Assault. AGRICULTURAL PRODUCE, AIDING AND ABETTING. See Accessory. by verdict, 234 APPEAL. See Error, Bill of Exceptions, New Trial, Court of Criminal Appeal. APPOINTMENT OF OFFICERS, how proved, 6 when presumed, 18 APPREHENSION OF OFFENDERS, power of, generally, 262 by private persons at common law, id. on suspicion of felony, id. to prevent breach of the peace, id. of night walkers, id. by private persons by statute, 263 of persons found committing offences by night, id. by owner of property, id. of persons committing offences against game laws, 598, 603 |