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INDICTMENT (from Anglo-Fr. enditernen...

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Originally appearing in Volume V14, Page 485 of the 1911 Encyclopedia Britannica.
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INDICTMENT (from Anglo-Fr. enditernent, enditer, to See also:charge; See also:Lat. in, against, dictare, declare) , in See also:English See also:law, a formal See also:accusation in See also:writing laid before a See also:grand See also:jury and by them presented on See also:oath to a See also:court of competent See also:jurisdiction. The accusation is See also:drawn up in the See also:form of a " See also:bill " of indictment, prepared by the officer of the court or the legal adviser of the See also:prosecution, en-grossed on See also:parchment, and sent before the grand jury. The grand jury hear in private the witnesses in support of the accusation (whose names are endorsed on the back of the bill), and, if satisfied that a prima facie See also:case has been made out, find the bill to be a true bill and return it to the court as such. If otherwise, the jury ignore the bill and return to the court that they find " no true bill." Indictments differ from presentments, which are made by the grand jury on their own See also:motion and their own knowledge; and from informations, which are instituted on the See also:suggestion of a public officer without the intervention of a grand jury. An indictment lies for " all treasons and felonies, for See also:misprision of treasons and felonies and for all misdemeanours of a public nature at See also:common law." And if a See also:statute prohibit a See also:matter of public grievance or command a matter of public convenience all acts or omissions in disobedience to the command or See also:prohibition of the statute are treated as misdemeanours at common law, and unless the statute otherwise provides are punishable on indictment. In other words, the See also:ordinary common law remedy in respect of criminal offences is by indictment of the accused and trial before a See also:petty jury; and except in the case of informations for See also:misdemeanour and See also:summary proceedings substance or See also:solution is See also:acid, alkaline or neutral, the See also:character idion in any solution may be determined by several See also:independent being revealed in a definite See also:colour See also:change. Here we shall only See also:deal with indicators in this last restricted sense. They were first systematically employed in See also:analytical See also:chemistry by See also:Robert See also:Boyle, who used the aqueous extracts of the coloured principles See also:present in red-See also:cabbage, violets and cornflowers. The See also:indicator most in use to-See also:day is See also:litmus (q.v.), whose solution is turned red by an acid, and See also:blue by an See also:alkali. Several synthetic indicators are employed in acidimetry and alkalimetry. The choice is not altogether arbitrary, for experiments have shown that some are more suitable for acidimetry, while others are only applicable in alkalimetry; moreover, the strength of the acids and bases employed may exert a considerable See also:influence on the behaviour of the indicator. The following are well-known synthetic indicators: hacmoid, obtained from See also:resorcin and See also:sodium nitrite, resembles litmus.

See also:

Phenolphthalein, obtained by condensing phenol with See also:phthalic anhydride, is colourless both in acid and in neutral solution, but intensely red in the presence of alkali; the colour change is very See also:sharp with strong bases, but tardy with weak ones, and consequently its use should be restricted to acidimetry when a strong See also:base can be chosen, or to alkalimetry when a strong base is present. a-Naphtholphthalein has also been used (Bioclrenm. Zcit., 1910, p. 381). Methyl See also:orange, which is the sodium See also:salt of the acid helianthin, obtained by diazotizing sulphanilic acid and coupling with dimethylaniline, is yellow in neutral and alkaline solutions, but red in acid; the change is only sharp with strong acids. See also:Para-nitrophenol, obtained in the See also:direct nitration of phenol, yields a colourless solution in the presence of acids, and an intense yellow with alkalis. Of more See also:recent introduction are: See also:alizarin red, I.W.S. (alizarin monosulphonic acid), claimed by G. E. See also:Knowles (Abst. J.C.S., 1907, ii. 389) to be better than methyl orange in alkalimetry; 3-amino-2-methylquinolinc, used by O. See also:Stark (ibid.

1907, i. 974) in See also:

ammonia estimations; para-nitrobenzeneazo-a-naphthol, shown by J. T. See also:Hewitt (See also:Analyst, 1908, 33, p. 85) to change from See also:purple to yellow when alkalis are titrated with weak acids; para-dimethylaminoazobenzene-ortho-carboxylic acid, proposed by E. Rupp and R. Loose (Ber., Igo8, 41, p. 3905) as very serviceable in the estimation of weak bases, such as the alkaloids or centinormal ammonia; the " resorubin " of M. Barberio (Gazzetta, 1907, ii. 577), obtained by acting with nitrous acid on resorcin, which forms a See also:violet, blue or yellow coloration according as the solution is neutral, alkaline or acid. Mention may be made of E. Linder's (J.

See also:

Soc. Client. Ind., Igo8, 27, p. 485) suggestion to employ metanil yellow, obtained by coupling diazotized See also:meta-aminobenzenesulphonic acid with diphenylamme for distinguishing See also:mineral from organic acids, a violet coloration being produced in the presence of the former. Theory of Indicators.—The ionic theory. of solutions permitted the formulation of a logical conception of the See also:action of indicators by W. Ostwald which for many years held its ground practically unchallenged; and even now the arguments originally advanced hold See also:good, except for certain qualifications rendered necessary by more recent See also:research. In the See also:language of the ionic theory, an acid solution is one containing See also:free hydrions, and an alkaline solution is one containing free hydroxidions. A neutral solution contains hydrions and hydroxidions in equal concentration; this is a consequence of the tact that pure See also:water itself undergoes a certain See also:dissociation, and several different methods show that in the purest water obtainable the concentration of the free hydrions and hydroxidions is 10 ' at 24°. Moreover, the law of See also:mass-action (see CHEMICAL See also:Amos) demands that the product of the concentrations of the hydrions and hydroxidions in any solution is See also:constant at a given temperature, and we see from the above values that this constant is to-14. It follows, therefore, that the acidity or alkalinity of any solution can be expressed both in terms of hydrion or hydroxidion concentration. Many researches have been directed to classify acid and alkaline solutions according to the concentration of the hydrion. Conductivity determinations show that the maximum concentration of hydrion occurs in 3.8 - N nitric acid, where it has a value of about 2-N, and the minimum occurs in 6.7- N See also:potassium hydroxide, where its value is 5 X io-16, that of the hydroxidion being about ;-N.

These figures apply to a temperature of 24°. Bearing in mind the concentration of the ions in a neutral solution, it is seen that a See also:

scheme of seven grades of " See also:neutrality," differing by successive See also:powers of ten, may be formulated. The concentration of hydrion and hydrox- by a court of See also:record for " contempt of court " it is the only remedy, except where a statute creates another remedy, e.g. by trial before a court of summary jurisdiction. The form of an indictment is still in the See also:main regulated by the old common law rules of See also:pleading, which as to See also:civil pleadings were often amended during the 19th See also:century, and finally abolished under the Judicature Acts. An indictment may consist of one or more See also:counts charging different offences. Each See also:count consists of three parts: (I) the commencement, (2) the statement, (3) the conclusion. The formal commencement runs thus: " See also:Surrey to wit." The first count begins " The jurors for our See also:Lord the See also:King (i.e. the grand jurors) upon their oath present that, &c."; and the subsequent counts begin, the " jurors aforesaid on their oath aforesaid do further present." The first words, which are placed in the margin of the document, are the " See also:venue," i.e. the See also:county or See also:district over which extends the jurisdiction of the court before which the indictment is found. Subject to certain statutory exceptions it is necessary to prove that the acts or omissions alleged to constitute the offence occurred within that See also:area. The conclusion consists of the words following: " against the form of the statute (or statutes) in that case made and provided, and against the See also:peace of our Lord the King, his See also:crown and dignity." Where the offence is statutory the whole phrase is used; where it is at common law only the second See also:part is used. A formal conclusion is not now essential to the validity of the indictment, but from inveterate See also:habit is in continued use. The statement sets forth the circumstances alleged to constitute the offence, i.e. the accusation made. There are still in force a number of rules as to the proper elements in the statement; but in substance it is only necessary to set forth the facts alleged against the accused with accuracy and sufficient precision as to the See also:time and See also:place and circumstances of the alleged offence, and to indicate whether See also:felony or misdemeanour are charged, and so to See also:frame the statement as to indicate a definite offence for which a lawful See also:sentence may be imposed.

The following example illustrates the form of the statement: " That A. B. on the first day of See also:

June in the See also:year of our Lord 1906 one See also:oak See also:tree of the value of five pounds the See also:property of C. D. then See also:rowing in a certain See also:park of the said C. D. situate in the See also:parish of E. in the county of F. feloniously did steal take and carry away contrary to the statute, &c." Only one offence should be stated in one count; and See also:separate and distinct felonies should not be charged in the same indictment. If they are, the court makes the prosecution choose one upon which to proceed. This See also:rule is altered by statute in certain cases: e.g. by allowing a limited number of separate thefts, or receivings of stolen property to be included in the same indictment. Misdemeanours and felonies may not be included in the same indictment because of the difference of See also:procedure on the trial; but any number of misdemeanours may be included in different counts of the same indictment, subject to the right of the court to See also:order separate trials or to quash the indictment if it is rendered vexatious by the agglomeration of charges. There is no See also:general See also:limitation of the time within which indictments may lawfully be preferred; but various limitations have been fixed by statute for certain offences, e.g. in the case of certain forms of See also:treason, of See also:riot, of See also:night poaching and of corrupt and illegal practices at elections. In this respect English law differs from See also:European law, in which limitations of time for prosecution are the rule and not the exception. Until the mitigation of the draconic severity of the English law in the See also:early part of the 19th century, little or no See also:power existed of amending defective statements or indictments, and the courts in favorem vitae insisted strictly on accurate pleading and on See also:proof of the offences exactly as charged. Since 1827 numerous enactments have been passed for getting rid of these technicalities, which led to undeserved acquittals, and since 185I the courts have had power to disregard technical objections to the form of indictment and to amend in matters not essential in case of variance between the indictment and the See also:evidence. These changes apply to ordinary offences; but for the most part do not See also:touch charges of treason, as to which the old lawin the main still applies.

At the present time the looseness of pleading in criminal cases is carried almost too far; for while there is no danger in such looseness when times are quiet and when law is administered by the See also:

judges of the High Court in See also:England, yet when crimes of a certain character are committed in times of See also:great See also:political excitement and the law is administered by an inferior judiciary, there may be some danger of injustice if the strictness of pleading and procedure is too much relaxed. In the Criminal See also:Code drafted by See also:Sir See also:James Fitz James See also:Stephen and revised by a judicial See also:commission (Lord See also:Blackburn and Lords Justices Lush and See also:Barry), it was proposed to substitute for the old form of indictment a statement of the particulars of the offence with a reference to the See also:section of the code defining the offence. The law of See also:Ireland as to indictments is in substance the same as that of England; but is to a certain extent expressed in different statutes. In See also:Scotland the terms indictment or criminal letters are used to See also:express the acte d' accusation. But except in the case of high treason there is no grand jury, and the indictment is filed like an English criminal See also:information by the lord See also:advocate or one of his deputies: and it is only by order of the court of See also:justiciary that a prosecution can be instituted without the general or particular assent of the lord advocate. By the Criminal Procedure Scotland See also:Act 1887 the form of Scots indictments is much simplified. They are drawn in the second and not in the third See also:person. In those of the See also:British colonies in which by See also:settlement or statute the English criminal law runs, the form of indictment is substantially the same, and is found by a grand jury as in England. But in certain colonies, e.g. the Australian states, an indictment by a public officer without the intervention of a grand jury has been adopted. In See also:India and British See also:Asiatic possessions the procedure is regulated by the See also:Indian Procedure Code or its adaptations. In See also:South See also:Africa indictments are framed under See also:Roman Dutch law as modified by See also:local legislation. In the See also:United States prosecution or indictment by a grand jury is the rule: the form of indictment is the same, substituting the See also:state or See also:commonwealth of the United States for references to the king, and the conclusions " against the form of the statute " and " against the peace " are still in use.

(W. F. C.) " INDIES, See also:

LAWS OF THE," in the colonial See also:history of See also:Spain, a general See also:term designative either (I) of certain codifications of legislation for the colonies listed below, and especially the compilation of 168o; or (2) of the whole See also:body of colonial law, of which those compilations were but a selection, and which was made up of a multitude of royal cedulas, orders, letters, ordinances, provisions, instructions, autos, dispatches, pragmatics and laws—all emanating from the crown (or crown and See also:cortes) and all of equal force—that were passed through various departments of See also:government to various See also:officers and branches of the colonial See also:administration, or between the different departments of government in Spain. The See also:transfer of See also:Spanish law to Ultramar began with the first days of the See also:Conquest; and especially the civil law was translated with comparatively slight alteration. Many things, however, See also:peculiar to colonial conditions—the See also:special relations of the crown and the papacy in See also:America, the repartimientos and encomiendas (" divisions of lands " and " commendations," a See also:system of patronage, or modified See also:slavery) of the See also:Indians, the development of See also:African slavery, questions of natural and See also:international law, the spread of See also:discovery and See also:establishment of new settlements and administrative areas, the sales and grants of public lands, the working of the mines—necessitated the organization of a great mass of special law, made up of a body of general See also:doctrine and a vast quantity of administrative applications, la materia de Indiasto which references are already found in the time of See also:Ferdinand. The general doctrine was applicable everywhere in Ultramar, and the difficult and inconstant communication between the provinces, and other considerations, early counselled some See also:work of codification. The first efforts to this end were begun in See also:Mexico in 1525; a See also:volume was published in 1563, and other inadequate compilations in 1596 and 1628, and finally the great RecopilaciOn de Leyes de los Reinos de See also:las Indias of s680. This code has enjoyed great fame, and in some ways even extravagant praise. The greatest praise that has been given it is that its dominant spirit through and through is not the See also:mercantile aim but the political aim—the principle of See also:civilization; and this praise it deserves. It had various defects, however, of an administrative nature; and as time passed its basic doctrines—especially its See also:minute administrative strangulation of colonial political See also:life, and its monopolistic economic principles—became fatally opposed to conditions and tendencies in the colonies. Two centuries in formation, the code of 168o—continually altered by supplementary See also:interpretation and application—was only one century in effect; for in the seventeen-sixties See also:Charles III. began, in a See also:series of liberal decrees, to break down the monopolistic principles of colonial See also:commerce. This change came too See also:late to See also:save the mainland colonies in America, but its remarkable effects were quickly seen in the aggrandizement of See also:Cuba.

It is in the history of this See also:

colony (as also in See also:Porto Rico and the ,Philippines) that one must follow the later history of the Laws of the Indies (see CUBA). Of the Recopilacion of 168o, five See also:editions were issued by the government, the last in 1841 (See also:Madrid, 4 vols.); and there are later, private editions approved by the government. See also J. M. Zomora y See also:Coronado, Biblioteca de legislation Ultramarina (Madrid, 184:}-1849, 6 vols., with appendices often See also:bound as vol. 7) ; J. See also:Rodriguez See also:San Pedro, Legislation Ultramarina concordada, covering 1837-1868 (12 vols., Madrid, 1865-1868, vols. 10-12 being a supplement) ; the Boletin oficial del Ministerio de Uliramar, covering 1869-1879; and M. See also:Fernandez See also:Martin, Compilation legislativa del gobaerno y administration civil de Uliramar (Madrid, 1886-1894) ; the See also:gap of 1879-1886 can be filled for Cuba by the series of Reales Ordenes... publicadas en la Gaceta de la Habana (See also:annual, See also:Havana, 1857-1898, covering 1854-1898).

End of Article: INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

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