GRAND JURORS-Continued. must be not less than 16, nor more than 23. presence of at least 16 necessary for transaction of any business, 675. twelve must concur in finding indictment, 662-3. mode of selecting, 676. ordering additional jurors, 676. designation of; summoning, 676. when they may be drawn or appointed, 676. mode of taking and trying challenge, 677. effect of allowing challenge, 678. oath of, 678. must declare their knowledge as to commission of a crime, 679. when bound to disclose the testimony of a witness, 680. not to be questioned for their conduct as such, 680. under the Penal Code, acting after challenge has been allowed, 681. GRAND JURY. See INDICTMENT. under the Revised and other statutes, number of jurors to be sworn on, 662. not more than 23, nor less than 16, 662. twelve, at least, must concur in finding indictment, 663. preferring indictment before, 666. how witnesses are to be examined before, 666-7. what evidence they should require, 667. should be the same as is necessary to support indictment on trial, 667. defendant no right to have counsel, 667. names of witnesses to be examined before, to be indorsed on indictment, 666. finding of, to be indorsed thereon, 668. form of; effect of insufficient finding, 668. on two counts, 668. same indictment not to be preferred twice before same grand jury, during same term, 669. indictments found by, how presented to court, 681. preparation, by boards of supervisors, of lists of persons to serve on, 673. mode of drawing and summoning grand jurors; fining for non-attendance, &c., 673. right and duty of district attorney to attend before them, 674. to examine witnesses, in their presence, 674. to give them advice upon any legal matter, 674. to give them information relative to any matter cognizable by them, 674. no one allowed to be present during the expression of their opinions, or the giving of their votes, 674. in the city of New York, 674. in what courts, 674-5. when they may sit simultaneously, 674-5, 681. omission of county judge to designate at what terms a grand jury shall be summoned, 681. will not prevent the court from impaneling a jury at any term, 681. objection to organization of, when too late, 681. has power to indict one under arrest upon coroner's warrant, 681. want of precept to summon, can not be objected to, after verdict, 681. under Code of Criminal Procedure, definition of grand jury, 675. GRAND JURY-Continued. number of jurors, 675. for what courts, 675. order for, when made by the court, or a judge thereof, 676. new grand jury, 677. how drawn, when more than a sufficient number attends, 677. must be charged by court, and how, 678. appointment of a clerk; his duties, 679. power of, to inquire into crimes, and to present them to the court, 678. must be legal, 679. not bound to hear evidence for defendant, 679. when they may require other evidence, 679. subpoenas for witnesses before, 666-7. as to what it must inquire, 680. person imprisoned and not indicted, 680. the condition of public prisons, 680. misconduct of public officers, 680. entitled to access to public prisons, and to examine public records, 680. may ask advice of a judge of the court, 680. duty of district attorney to attend them, &c., 680. no one to be present during the expression of their opinions, or the giving of their votes, 680. secrets of, to be kept by every member, 680. names of witnesses examined before, must be indorsed upon indictment, 681. if not, court may order them to be furnished, 682. indictment must be presented in their presence and filed, 682. when so presented and filed, it is deemed found, 662. when grand jury ought to find an indictment; sufficiency of evidence, 662. GRAND LARCENY. See LARCENY. GRAVES. See OFFENSES AGAINST PUBLIC DECENCY. opening; stealing from, 372-3. removing bodies from, 372-3. in cemeteries; removing flowers, &c., from, 513. GROWING CROPS, burning, how punished, 387. GUIDE-BOARDS, destroying or altering, a misdemeanor, 473. GUILT, must be established beyond any reasonable doubt, 944. of defendant; burden of proof as to, 853. GUNPOWDER, keeping in too large quantities, near to a town, 433. H. HABEAS CORPUS, re-confining persons discharged upon, 551. HABEAS CORPUS-Continued. when a person is restrained of his liberty, for any crime, or upon any pre tense, 1279. officer to obey and return writ; penalty for disobedience, 932. to bring up fugitives from justice in other states and territories, 986. duty of constable on whom the writ is served, 1014. HABITUAL CRIMINALS, when a convict may be adjudged an habitual criminal, 559, 561. judgment accordingly, how entered, 559. persons so adjudged, when liable to arrest and punishment, 560, 1013. evidence of character, on second trial, 560, 839, 1157. liability to search and examination, 560-1, 1004, 1157. are disorderly persons, and punishable as such, 560, 1157. subject to supervision of judicial magistrates, &c., 561. how described in complaint, warrant and indictment, 1032. what officers may search, 1053. HABITUAL DRINKERS, forbidding sale of intoxicating liquor to, 1207. who may make complaint, 1207-8. duty of magistrates and overseers of the poor, in forbidding and giving notice, 1207. HABITUAL DRUNKARDS. See VIOLATIONS OF EXCISE LAW. selling or giving spirituous liquors, &c., to, 531, 1238. giving or selling liquor to, how prohibited, by notice from overseers of the poor, 1214. penalty for giving or selling, after such notice, 1214. contesting the charge, and proceedings thereon, 1214. justice to give notice to overseers, and summon jury, 1214. verdict, and effect thereof, 1214. costs; judgment and execution for, 1215. when overseers may revoke their notice, 1215. in the city of New York, 1215, 1145. HAND-WRITING. See EVIDENCE. how proved, 877 to 880. when proof of, admissible, 876-7. comparison of, 878-9. what is the best evidence to disprove genuineness of, 880. HAWKERS AND PEDDLERS, traveling without a license, forbidden, 1204. penalty for refusing to produce license, 1205. HAWKERS AND PEDDLERS-Continued. how penalties recovered, 1205. to be committed, on conviction, for refusal or neglect to pay penalty, 1205. when, and by whom, they may be taken before a justice, 1205. when justice to convict, 1205. issuing of warrant to collect costs and penalty, 1205. moneys collected to be paid to overseers of the poor, 1205. when not entitled to costs, 1206. suits for penalties to be brought within sixty days, 1206. when prosecutor and officers, in suits by, entitled to treble costs, 1206. HEALTH, of female employees, 519. HEALTH LAWS, violation of regulations, in city of New York, 522. violation of, or disobedience to, regulations of boards of health, 522. HEARSAY EVIDENCE, 944. See EVIDENCE. HOGS, slaughtering in a cruel manner, 469. HOLIDAYS, disorderly practices on, 1167. HOMICIDE, definition of, 21. as a general rule, presumed to be malicious, 22, 29. justification or excuse to be proved, 22. malice a question for jury, 22. petit treason is such, 22. different kinds of, 22. is murder in the first degree, unless it be manslaughter or excusable or justi- justifiable, defined, 41, 42. by public officers, and those acting in their aid and assistance, 42. in obedience to the judgment of a court, 42. in overcoming actual resistance to the execution of legal process, &c., in retaking felons or prisoners who have been rescued or who have in arresting felons fleeing from justice, 42, 46. in attempting to apprehend a person for a felony actually committed, in lawfully suppressing a riot, or in preserving the peace, 42, 47, 48, process void or illegal on its face, &c., 43. how far process a protection, 43, 44. by private person, in attempting to arrest, 43. assisting an officer to arrest, 46. by peace officer, 46, 47. by any person, when resisting an attempt to murder him, or to notnit 47, 48, 49. is, in the lawful defense of the slayer or of his or her wife, husband, pånt, as to the nature of the intended offense, the rule extends only to felonies, in defense of dwelling-house, 50, 51. reasonable ground of apprehension, 52. sufficient if danger is apparently imminent, irremediable and actual, 52. by officer, when assaulted, 54. HOMICIDE-Continued. HOPS, after resistance is over, 54. time of executing process, 54. when no resistance is made, 54. in parting an affray happening in his presence, 57. apparent danger, 61. excusable defined, 61. by accident and misfortune, in lawfully correcting a child or servant; in the heat of passion, upon any sudden and sufficient provocation, or upon provocation, 64, 65, 66. by misadventure or accident and misfortune, 62. firing a pistol or gun into a crowd or highway, 63. indictment, 68 to 72. evidence, 72 to 75. dying declarations, 76 to 80. adulteration of, 520. HORSES. See RACING OF ANIMALS. cruelty to, 467. poisoning, 392. willfully killing, 391. over-driving, when sick, 469. running on highway by driver of carriage, 472. racing or running of, near place where court is sitting, a misdemeanor, 455. racing of, on Sunday, prohibited, 1180. races; bets, wagers and pool-selling on, 1171. unlawfully running, trotting or pacing of, a misdemeanor, 1173. what courts have exclusive jurisdiction of, 1173. HORSE RAILROADS, 476, 517. See RAILROADS. HOTEL-KEEPERS, frauds upon, 498, 551. HOUSE OF PROSTITUTION, is a public nuisance, per se, 435. is indictable as such, without any proof of disturbance, 435. HOUSE OF WORSHIP, injury to property in, a felony, 382. HOUSES OF DETENTION, commitments to, 1112. HOUSES OF REFUGE, HU AN when convicts under the age of 16 may be sent to, 539, 569. ON (CITY OF), mayor's court of. See CITY COURTS. HU ON RIVER, using net or weir unlawfully, in, 556. BUNTING, on Sunday prohibited, 1180. HUSBAND AND WIFE. See MARRIED WOMEN; PERSONS CAPABLE OF COMMITTING CRIMES. as witnesses in behalf of each other, 887, 898. cannot be compelled to testify against each other, 887. |