want of christian or surname, or assigning wrong one, 301.
not the want of an addition, or giving a wrong one, 301.

pleas in, when may be pleaded, 301.

to indictment, 301.

on summary trials before justices, 542.

on trials before courts of special sessions, 552.

form of, 301, 683.

woman abducted and married by force, a competent witness against her

husband, 72.

or for him, 72.

of girls under fourteen, 71.

crime, punishment, 71.

illegitimate child within the statute, 71.

when a forcible taking necessary, 71.

when not, 71.

evidence, 72.

facts necessary to be proved, 72.

child taken and married without consent of parents, &c. a compe

tent witness, 72.

accessaries before the fact, to be punished as principals, 72.

of parents from their children, and husbands from their wives, 531. (See
title Parents and Husbands.)

ACCESSARIES. (See tit. Principals and Accessaries.)

ACCOMPLICE,

dying declarations of, 53.

a competent witness, 382.

when to be admitted as a witness, 485.

how far credible, 382, 484.

should be corroborated by other evidence, 382, 486.

duty of magistrate in receiving testimony of, 485.

should not be promised any favor by magistrate, 485.

when to be committed for trial, 485.

ADDITION,

of defendant, want of, or giving a wrong one, not to be pleaded in abate-
ment, 301.

manner of stating in indictment, 285.

of mystery, 285.

of office, 285.

of degree, 285.

of residence, 286.

misstatement, or omission of, not fatal, 286.

of prosecutor or third persons, 287.

ADJOURNMENT,

in cases of bastardy, 525.

of examination of offenders, 480. (See tit. Commitment.)
in cases of summary convictions, 541.

ADMINISTERING POISON,

when death does not ensue, crime, punishment, 85.

necessary poison should be taken, 85.

need not be delivered by hand of defendant, 85.

indictment must charge intent to kill, 86.

evidence, 85.

necessary to prove thing administered was a poison, 85.

precise kind charged need not be proved, 85.

intent to kill must be proved, 85.

how proved, 86.

ADMISSIONS. (See tit. Evidence. Confessions.)

in pleadings, when they excuse production of written instruments, 413.

ADULTERY,

not, in general, an indictable offence, 210.

in what cases it is, 210.

AFFIDAVIT,

how proved, 361.

of person convicted of infamous crime, admissible when, 451.
evidence as an admission on oath against him who made it, 361.
perjury in, (see tit. Perjury.)

to put off trial, 322.

of plaintiff in replevin, not to be taken by sheriff or coroner, 180.
to pleas in abatement, 301, 682, note.

AFFIRMATIONS. (See tit. Oaths.)
AFFIRMATIVE,

of issue to be proved, 304, 353, 357.
AFFRAY,

what is an, 211.

necessary parties should fight in a public place, 211.
when doors may be broken open to suppress, 36, 44.
by constable, on following affrayers with fresh suit, 44.
whether it can be done without a warrant, 44.
power of constable to arrest for, after it is ended, 44.

ALIENS,

to carry persons engaged in, before a magistrate, 45.
to part an affray which happens in his presence, 45.

incapable of serving on juries, 555.

AMENDMENT,

of indictment, not proper without consent of grand jury, 305.
of return to certiorari, 343.

ANIMALS,

cruelty to, 209, 232.

ANSWER IN CHANCERY,

how far evidence, 361.

against whom, 361.

how proved, 361.

APPEAL,

from justices to general sessions, in cases of bastardy, 528.
from special sessions in New-York to general sessions, 557.
APPEARANCE,

felon cannot be tried without appearing in person, 318.

for less than felony, may be either in person or by attorney, 319.
upon examination, 479, 480.

in cases of summary convictions, 541.

before court of special sessions, 552.

ARBITRATORS,

attempts to corrupt, 230.

ARRAIGNMENT, 299. (See tit. Indictment.)

ARREST,

what it is, 461.

who are liable to, 461, 462.

in general, all persons, 461.

exemptions in civil, do not operate in criminal cases, 461.
females may be arrested, 462.

members and officers of the legislature,

voters at elections, 462.

witnesses, 462.

462.

seamen and soldiers in the public service, 462.

for what offences, 462.

in general, for all offences of a criminal nature, 462.

time of making, 462.

may be made on Sunday, and in the night, 462.

when made in the night, a more especial notice of officer's author-
ity necessary, 462.

place of making, 462.

may be made in any place, 462.

after indictment found, 475.

requisites of, 462.

no manual touching of the body, or actual force necessary, 463.
sufficient, if party is within officer's power, and submits to, 463.
by warrant, 463.

should be made forthwith, 464.

by whom to be made, when warrant is directed to sheriff, 463.
when it is directed to a constable, or private person, 463.
when it is directed to all the constables of the county, 463.
when it is directed to constables of a particular town, 463.
in general, to be made within county where justice resides, 463.

when made out of justice's county, warrant to be backed, and how, 463.
may be made at any time during term of office of justice granting war-
rant, 464.

when defendant may be twice arrested under same warrant, 464.

rule where prisoner escapes, 464.

as to the person to be arrested, 464.

effect of misdescription of defendant, 464.

of describing him by a fictitious name, 464.

where defendant is merely described, but not named, 464.

breaking open doors, &c. (See tit. Doors and Windows. Officers. Pro-
cess. Assaults.)

regularity of process, 464.

officers should see that process is regular on its face, 464.

regularity on its face, meaning of, 465.

a protection to officer, 565.

officer not protected, if it appear to be void on its face, 565.
notification of officer's authority, 465.

when necessary, 465, 82, 84, 35.

where officer and his business are unknown to defendant, 465.

ARREST-continued.

by private persons acting under a special deputation, 84.
when not necessary, 84, 465.

where officer and his business are known to defendant, 84, 465.
where officer is in his proper district, and known, 84.

what a sufficient notification, 84, 465.

words of arrest, 465.

showing the process, 84.

officer showing his staff of office, 84.

in the night, a more especial notice necessary, 84.
must be an express notice by private persons, 84.

showing warrant, 465.

when necessary, 465.

where served by a private person, 465.

or by officer not generally known, 465.

or acting out of their precincts, 465.

not by known officers, acting within their precincts, 465, 6.
substance of warrant should be stated to defendant in all cases,
commanding assistance, when authorized, 466.

who may be called on to assist, 466.

penalty for disobedience, 467.

assistants, how far protected, 467.

officer must be present, or near, when others aid him, 466.
constructive presence, when sufficient, 466.

power of officer to call in military aid, 466.

manner of making, where defendant is already in prison, 467.

duty of officer after making, 467.

466.

within what time to bring defendant before the justice, 467, 8.
before whom accused, to be brought, 468.

in general, before magistrate issuing warrant, 468.

when may be before another, 468.

when before nearest magistrate, 468.

where arrest is made in another county on an endorsed warrant,
468.

as to prisoners arrested in another county on endorsed warrant, 469.
power to command assistance, 469.

arrest of officer or prisoner prohibited, 469.

right of officer to retake prisoner if he escapes, 469.

whether an officer can retake a prisoner he has suffered to go at large, 469.

may detain him if he returns, 470.

right of officer to retake prisoner who escapes, 470.

officer to detain prisoner in his custody until he is discharged, bailed,
or committed, 470.

but such detention not to exceed twelve hours, 470.

return of warrant, 470.

by officers without warrant,

what officers are authorized, 471.