I N D 
I N I) 
TfWgiiig to a logarithm consists, and of what 
nature it is, whether an integer or frac- 
tion. Thus, in this logarithm 2.523421, the 
number 2 standing on the left hand of the 
point is called the index; because it shews 
that the absolute number, answering to the 
above logarithm, consists of three places : for 
the number is always one more than the in- 
dex. If the absolute number is a fraction, 
then the index of the logarithm has a nega- 
tive sign marked thus 2.523421. 
Index of a globe, the little style or gno- 
mon, which being fixed on the* pole of the 
globe, and turning round with it, points out 
the hours upon the hour-cil'cle. See Globe. 
INDIAN berry, in commerce. See. See 
Coculus. 
INDICATIVE, in grammar, the first 
mood or manner of conjugating a verb, by 
which we simply affirm, deny, or ask some- 
thing; as, amant, they love; non amant, 
they do not love ; amant ne, do they love? 
IN DICTION, in chronology, a cycle of 
15 years. The Roman or papal indiction, 
which is that used in the pope’s, bulls, begins 
•on the 1st. of January; anu by it the popes 
have dated their acts ever since Charlemagne 
made them sovereigns. But besides this, 
there are other two kinds of indiction men- 
tioned by authors, viz. that of Constanti- 
nople, beginning on the 1st of September; 
and the imperial or Caesarian indiction, which 
commenced on the 14th of September. See 
Cycle. 
Indiction is also used for the convoking 
.an ecclesiastical council or assembly. 
INDICTMENT, is a written accusation 
of one or more persons of a crime or misde- 
meanor, preferred to, and presented on oath 
by, a grand jury. 4 Black. 302. 
An indictment may be found on the oath 
of one witness only, unless it is for high trea- 
son, which requires two witnesses ; and un- 
k ssdn any instance it is otherwise specially 
directed by acts of parliament. 2 Haw. 
The sheriff of every county is bound to re- 
turn to every session of the peace, and every 
commission of oyer and terminer, and of 
general gaol -delivery, 24 good and lawful 
men, of the county, some out of every hun- 
dred, to enquire, present, do, and execute, 
all those things whjtjfc.bn the part of our lord 
the king, shall then and there be commanded 
therein. As many as appear upon this pan- 
nel are sworn of the grand jury, to the 
amount of twelve at the least, and not more 
than twenty-three, that twelve may be a ma- 
jority. This grand jury is previously in- 
structed in the articles of their enquiry, by a 
charge from the judge on the bench. They 
then withdraw from court to sit and receive 
indictments, which are preferred to them in 
-the name of the king, but at the suit of any 
private prosecutor; and they are only to 
hear evidence on behalf of the prosecution-: 
for the finding an indictment is only in the 
nature of an enquiry or accusation, which is 
afterwards to be tried and determined; and 
the grand jury are only to enquire upon their 
oaths whether there is sufficient cause.to call 
upon the party to answer it. 
It seems generally agreed, that the grand 
•jury may not find part of an indictment true 
and part false; but must either find a true 
Till or ignoramus for the whole; and if they 
hake upon them to find it specially or eondi- 
VOL. II. 
I N D 
Q 
tionally, or to be true for part only and not 
for the rest, the whole is void, and the party 
cannot be tried upon it, but ought to be in- 
dicted anew. 2 Haw. 210. 
All capital crimes whatever, and all kinds 
of inferior crimes which are of a public na- 
ture, as misprisions, contempts, disturbances 
ot the peace, oppressions, and all other mis- 
demeanors whatever of a public evil ex- 
ample against the common law, may be in- 
dicted, but no injuries of a private* nature, 
unless they in some degree concern the king, j 
And generally where a statute prohibits a 
matter of public grievance to the liberties and 
security ot a subject, or commands a matter 
of public convenience, as the repairing of the 
common streets of the town, kc. every dis- 
obedience of such statute is punishable, not 
only at the suit of the party grieved, but also 
by way of indictment, for contempt of the 
statute, unless such method of proceeding 
shall manifestly appear to be excluded by it. ; 
A et it the party offending has been fined in ; 
an action brought by the party (as it is said ' 
he may in every action for doing a thing pro- ! 
hibited by statute), such fine is a good b.ir to i 
the indictment, because by the fine the end ' 
of the statute is satisfied ; otherwise he would 
be liable to a second line for the same of- 
fence. 2 Inst. 55. 
It several offenders commit the same of- 
fence, though in law they are several offences 
in relation to the several offenders, yet they 
may be joined in one indictment; as if seve- 
ral commit a robbery, or burglary, or mur- 
der. 2H.H. 173. S 3 ■ 
No indictment for high treason, or mis- 
prision thereof (except indictments for coun- 
terfeiting the king’s coin, seal, sign, or signet), 
nor any process or return thereupon, shall be 
quashed tor mis-reciting, mis-spelling, false 
or improper Latin, unless exception concern- 
ing the same is taken and made in the respect- 
ive court where the trial shall be, by the pri- 
soner or his counsel assigned, before any evi- 
dence given in open court on such indictment ; 
nor shall any such mis-reciting, mis-spelling, 
false or improper Latin, after conyiction on 
such indictment, be any cause or stay, or 
arrest ot judgment; but nevertheless, any 
judgment on such indictment shall he liable 
to be reversed on writ of error as formerly. 
An indictment accusing a man in general 
terms, without ascertaining the particular fact 
laid to his charge, is insufficient ; for no one 
can know what defence to make to a charge 
which is uncertain, nor can plead it in bar or 
abatement of a subsequent prosecution ; nei- 
ther can it appear that the facts given in evi- 
dence against a defendant on such a general 
accusation, are the same of which the in- 1 
dictors have accused him ; nor can it judi- 
cially appear to the court what punishment 
is proper for an offence so loosely expressed. 
2 Haw. 266. 
It is therefore best to lay all the facts in (he i 
indictment as near to the truth as possible;! 
and not to say, in an indictment for a small i 
assault (for instance) wherein the person as- j 
saulted received little or no bodily hurt, that 
such a one, with swords, staves, and pistols, 
beat, bruised, and wounded him, so that his 
life. was greatly despaired ol ; not to say in an 
indictment for a highway being obstructed, ! 
that the king’s subjects cannot go thereon i 
without manifest danger of their lives, and 
the like: which kind of words not being ne- 
cessary, may stagger an honest man upon 
his oath to rind the fact as so laid. 
No indictment can be good without ex- 
pressly shewing some place wherein the of- 
fence was committed, which must appear to 
have been within jurisdiction of the court 
2 Haw. 236. 
there are several emphatical words 
which the kuv has appropriated for the de- 
scription of an offence, which no circumlocu- 
tion will supply ; as feloniously, in the in- 
dictment of any felony ; burglarious!}/, in tin 
indictment of burglary, and the like. 2 11. II, 
184. 
An indictment on the black act for shooting 
at any person must charge that the offence 
was done wilfully and maliciously. 
By 10 and W. c. 23, it is enacted, that no 
clerk ol assize, clerk of the peace, or other 
person, shall take any money of any person 
bound over to give evidence against a traitor 
or felon for the discharge of his recognizance 
nor take more than 2s. for drawing any bill 
ol' indictment against any such felon, on* pain 
of 5/. to the party grieved, with full costs. 
And if he shall draw a defective bill, he shall 
draw a new one gratis on the like penalty. 
With respect to drawing indictments for 
other misdemeanors, not being treason or 
felony, no fee is limited by the statute ; the. 
same, therefore, depends on the custom and 
antient usage. 
Every person charged with any felony or 
other crime, who shall on his trial be acquit- 
ted, or against whom no indictment shall .be 
found by the grand jury, or who shall be dis- 
charged by proclamation for want of prose- 
cution, shall be immediately set at large in 
open court, without payment of any fee to 
the sheriff or gaoler; but in lieu thereof, the 
treasurer, on a certificate signed by one of 
the judges or justices before whom such pri- 
soner shall have been discharged, shall pay- 
out of the general rate of the county or dis- 
trict, such sum as has been usually paid, not 
exceeding 135. 4 d. 
But an action cannot be brought by the 
person acquitted against the prosecutor of the 
indictment, without obtaining a copy of the 
record of his indictment and acquittal"; which 
in prosecutions for felony it is not usual to 
grant, if there is the least probable cause to 
found such prosecution upon. For it would 
be a very great discouragement to the public- 
justice of the kingdom, if prosecutors v/bo 
had a tolerable ground of suspicion were 
liable to be sued at law whenever their in- 
dictments miscarried. But an action on the 
case for a malicious prosecution may be 
founded on such an indictment whereon no 
acquittal can be, as if it is rejected by tin* 
grand jury, or is coram non judice, orjs in- 
sufficiently drawn ; for it is not the danger of 
the plaintiff, but the scandal, vexation, and 
expence, upon which this action is founded. 
However, any probable cause for preferrin r it 
is sufficient to justify the defendant, provided 
it does not appear that the prosecution was 
malicious. 3 Black. 126. 
INDIGOFERA, the indigo plant, a ge- 
nus of the decandria order, in the diadelohia 
class of plants, and in the natural method 
ranking under the 32d orcW, papilionaceje 
The calyx is patent; the carina of the co- 
rolla furnished with a subulated patulous 
spur on each side; the legumeu is linear. 
