WARRANT OF CITATION-continued.

Fiscal specified the year; repelled as an objection to form ex-
cluded by the 20th section of the Act.

Second, That the 19th section of the Summary Procedure
Act, authorising immediate imprisonment as a means of enforc-
ing recovery of penalties in certain cases, applies also to re-
covery of compensation under the Master and Servant Act.
Holland v. The Gauchalland Coal Company, High Court,
Dec. 24, 1867, p. 561.

See APPEAL, No. 3, p. 86.

WARRANT TO SEARCH FOR PAPERS.

Where a person is apprehended and examined upon a regular
charge of forgery and uttering, a search warrant may be
granted, and documents tending to instruct the charge may be
forcibly recovered from his repositories and used at the trial.
And it is unnecessary for the prosecutor to produce the warrant
at the trial, or to prove the manner in which the documents
were recovered. John Porteous, High Court, July 2, 1867,
p. 456.

See SUSPENSION, No. 3, p. 57.

WICKEDLY AND FELONIOUSLY.

Every crime is wicked and felonious, and as soon as an act is
proved to be a crime, there is sufficient evidence of wicked and
felonious intent. Elizabeth Edmiston, High Court, Jan. 15,
1866, p. 219.

WILFUL FIRE-RAISING.

1. An indictment charged wilful fire-raising; as also the wickedly
and feloniously setting fire to articles of furniture and other
effects in any house or other premises, with the wicked and
felonious intent of defrauding any individual who has affected
the same by sequestration or other legal diligence-Objection
sustained, that the second charge was irrelevant, in respect it
did not set forth an indictable offence, and the charge struck
out of the indictment. Robert Lawson, Perth, April 12, 1865,
p. 79.

2. The crime of wilful fire-raising is committed by a door being
set on fire, but the fact of a door being charred does not neces-
sarily imply that it has been on fire. Peter Grieve, High
Court, June 18, 1866, p. 263.

See RELEVANCY, No. 1, p. 488.

WILFUL FIRE-RAISING TO DEFRAUD AN INSURANCE

COMPANY.

An indictment charging two panels with wilfully setting fire to
stock-in-trade, &c., with intent thereby to defraud an insurance
company, with whom the same has been insured. Found irrele-

WILFUL FIRE-RAISING TO DEFRAUD AN INSURANCE

COMPANY-continued.

vant against one of the panels, in respect the indictment failed
to set forth any interest the panel had in the policies of insur-
ance libelled on, and did not state for whose behoof the
sums insured were to be fraudulently recovered. Hannah
M'Atamney or Henry and John M‘Atamney, Dundee, April
6, 1867, p. 363.

WITNESS.

1. The fact of a person being confined as a lunatic patient in an
asylum, is not in itself sufficient to render him inadmissible as
a witness. James Sheriff and John Mitchell, Aberdeen, April
27, 1866, p. 226.

2. Held that it is not competent to make use of a witness by
merely showing him to the jury without explanation, and that
having been called he must be sworn, in order to give the
opposite party the opportunity of cross-examining him. George
Milne, Aberdeen, April 28, 1866, p. 229.

3. In a trial for rape, it having appeared that the girl assaulted
was of weak intellect and incapable of understanding the nature
and obligation of an oath, objection sustained to her being ex-
amined as a witness; but held that a statement made by her to
her mother, immediately after the alleged assault, was admis-
sible as a part of the res gesta. John Murray, Inverness,
May 2, 1866, p. 232.

4. A boy aged six and a half years dismissed from the witness-
box, the Court being of opinion that he could not be made to
understand rightly the duty of telling the truth. Walter
M'Beth, High Court, March 4, 1867, p. 353.

See EVIDENCE, No. 7, AND PRECOGNITION, p. 300.

WRITING AND SENDING THREATENING LETTERS.
Writing and sending threatening letters is a crime, whatever may
have been the motive. Elizabeth Edmiston, High Court, Jan.
15, 1866, p. 219.

P