The following example illustrates the form of the statement:--

"That A. B. on the first day of June in the year of our Lord 1906 one

oak tree of the value of five pounds the property of C. D. then

growing in a certain park of the said C. D. situate in the 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 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 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

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 order separate trials or to quash the indictment if it is

rendered vexatious by the agglomeration of charges.

There is no general 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

treason, of riot, of night poaching and of corrupt and illegal practices

at elections. In this respect English law differs from 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

early part of the 19th century, little or no power existed of amending

defective statements or indictments, and the courts _in favorem vitae_

insisted strictly on accurate pleading and on 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 1851 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 evidence.

These changes apply to ordinary offences; but for the most part do not

touch charges of treason, as to which the old law in 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

judges of the High Court in England, yet when crimes of a certain

character are committed in times of great 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 Code drafted by Sir James Fitz James Stephen

and revised by a judicial commission (Lord Blackburn and Lords Justices

Lush and 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 section of the code defining the offence.

The law of Ireland as to indictments is in substance the same as that of

England; but is to a certain extent expressed in different statutes.

In Scotland the terms indictment or criminal letters are used to 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

information by the lord advocate or one of his deputies: and it is only

by order of the court of justiciary that a prosecution can be instituted

without the general or particular assent of the lord advocate. By the

Criminal Procedure Scotland Act 1887 the form of Scots indictments is

much simplified. They are drawn in the second and not in the third

person.

In those of the British colonies in which by 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 India and

British Asiatic possessions the procedure is regulated by the Indian

Procedure Code or its adaptations. In South Africa indictments are

framed under Roman Dutch law as modified by local legislation.

In the United States prosecution or indictment by a grand jury is the

rule: the form of indictment is the same, substituting the state or

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, LAWS OF THE," in the colonial history of Spain, a general term

designative either (1) of certain codifications of legislation for the

colonies listed below, and especially the compilation of 1680; or (2) of

the whole body of colonial law, of which those compilations were but a

selection, and which was made up of a multitude of royal _cédulas_,

orders, letters, ordinances, provisions, instructions, _autos_,

dispatches, pragmatics and laws--all emanating from the crown (or crown

and cortes) and all of equal force--that were passed through various

departments of government to various officers and branches of the

colonial administration, or between the different departments of

government in Spain. The transfer of Spanish law to Ultramar began with

the first days of the Conquest; and especially the civil law was

translated with comparatively slight alteration. Many things, however,

peculiar to colonial conditions--the special relations of the crown and

the papacy in America, the _repartimientos_ and _encomiendas_

("divisions of lands" and "commendations," a system of patronage, or

modified slavery) of the Indians, the development of African slavery,

questions of natural and international law, the spread of discovery and

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 doctrine and a vast quantity of administrative applications, _la

matéria de Indias_--to which references are already found in the time of

Ferdinand. The general doctrine was applicable everywhere in Ultramar,

and the difficult and inconstant communication between the provinces,

and other considerations, early counselled some work of codification.

The first efforts to this end were begun in Mexico in 1525; a volume was

published in 1563, and other inadequate compilations in 1596 and 1628,

and finally the great _Recopilación de Leyes de las Reinos de las

Indias_ of 1680. 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 mercantile aim but

the political aim--the principle of civilization; and this praise it

deserves. It had various defects, however, of an administrative nature;

and as time passed its basic doctrines--especially its minute

administrative strangulation of colonial political life, and its

monopolistic economic principles--became fatally opposed to conditions

and tendencies in the colonies. Two centuries in formation, the code of

1680--continually altered by supplementary interpretation and

application--was only one century in effect; for in the

seventeen-sixties Charles III. began, in a series of liberal decrees, to

break down the monopolistic principles of colonial commerce. This change

came too late to save the mainland colonies in America, but its

remarkable effects were quickly seen in the aggrandizement of Cuba. It

is in the history of this colony (as also in Porto Rico and the

Philippines) that one must follow the later history of the Laws of the

Indies (see CUBA).

Of the _Recopilación_ of 1680, five editions were issued by the

government, the last in 1841 (Madrid, 4 vols.); and there are later,

private editions approved by the government. See also J. M. Zomora y

Coronado, _Biblioteca de legislacion Ultramarina_ (Madrid, 1844-1849,

6 vols., with appendices often bound as vol. 7); J. Rodriguez San

Pedro, _Legislacion Ultramarina concordada_, covering 1837-1868 (12

vols., Madrid, 1865-1868, vols. 10-12 being a supplement); the

_Boletin oficial del Ministerio de Ultramar_, covering 1869-1879; and

M. Fernandez Martin, _Compilacion legislativa del gobierno y

administracion civil de Ultramar_ (Madrid, 1886-1894); the gap of

1879-1886 can be filled for Cuba by the series of _Reales Ordenes ...

publicadas en la Gaceta de la Habana_ (annual, Havana, 1857-1898,

covering 1854-1898).

INDIGO (earlier _indico_, from Lat. _indicum_, the Indian substance or

dye; the Sans. name was _niti_, from _nila_, dark blue, and this through

Arab. _al-nil_, _annil_, gives "aniline") one of the most important and

valuable of all dyestuffs. Until comparatively recently it was obtained

exclusively from the aqueous extract of certain plants, principally of

the genus _Indigofera_ which belongs to the natural order Leguminosae.

Small quantities are also obtained from _Lonchocarpus eyanescens_ (west

coast of Africa), _Polygonum tintorium_ (China) and the woad plant

_Isatis tinctoria_. The latter is of historical interest, since up to

the middle of the 17th century it was the only blue dyestuff used by

dyers in England and on the adjoining continent; at the present time

woad is still cultivated in Europe, but serves merely as a ferment in

the setting of the fermentation indigo vat or so-called "woad vat" used

in wool dyeing.

The bulk of the natural indigo which is brought into the market comes

from India, while smaller quantities are imported from Java, Guatemala

and other places. The plant from which indigo is made in Bengal is the

_Indigofera sumatrana_, which is reared from seed sown about the end of

April or the beginning of March. By the middle of June the plant has

attained a height of from 3 to 5 ft., and it is at this period that the

first manufacturing begins, a second crop being obtained in August. The

indigo is contained in the leaf of the plant in the form of a colourless

glucoside, known as indican, C14H17O6N·3H2O. This substance is soluble

in water and by the joint action of an enzyme, contained in the leaf,

and atmospheric oxygen it yields indigotine, the colouring matter of

indigo. It is on these facts that the manufacturing of indigo from the

plant is based.

The plant is cut early in the morning and transported to the factory in

bullock carts. Here it is steeped in water in steeping vats having a

capacity of about 1000 cub. ft. for periods varying, according to

circumstances, from nine to fourteen hours, when the liquid--the colour

of which varies from a bright orange to an olive green--is run into the

beating vats which lie at a lower level. The beating, the object of

which is to bring the liquor as freely as possible into contact with the

air, was formerly done by striking the surface with bamboo sticks, but

is now effected either by means of a paddle wheel or by forcing a

current of air from a steam blower or a compressor through the liquid.

When the beating is finished, the precipitated indigo is allowed to

settle, the supernatant liquid being drawn off and run to waste. The

indigo mud thus obtained, which is known as mal, is strained, boiled for

a short period for the purpose of sterilizing, formed into bars, cut

into blocks of about 3 in. cube and dried.[1] The actual amount of

colouring matter yielded by the leaf is but small, averaging, according

to Ch. Rawson, 0.5%, but the yield from the whole plant is considerably

less, since the stalks and twigs contain practically no colour.

Since the introduction on a large scale of synthetic indigo efforts have

been made in India and in Java to place the cultivation of the plant and

the manufacture of the natural product on a more scientific basis. But

although many important improvements have been achieved from the

agricultural as well as from the manufacturing point of view, resulting

no doubt in the retention of a portion of the industry, the synthetic

product has gained the upper hand and is likely to retain it.

Natural indigoes vary considerably in composition, containing in some

qualities as much as 90% and in others as little as 20% of colouring

matter. The blue colouring matter which indigo contains is known as

indigotine, but there are usually also present in small quantities other

colouring matters such as indigo red or indirubrine, a yellow colour

known as kaempferol, indigo green and indigo brown, as well as indigo

gluten and more or less mineral matter.

The bulk of the indigo which now comes into the European market is

prepared synthetically from coal tar. The following figures indicate the

values of the imports into England of natural and synthetic indigo, and

are taken from the official Board of Trade returns:--

+--------+-----------------+-------------------+

| | Natural Indigo. | Synthetic Indigo. |

+--------+-----------------+-------------------+

| 1899 | £986,090 | .. |

| 1900 | 542,089 | .. |

| 1901 | 788,820 | .. |

| 1902 | 498,043 | £143,613 |

| 1903 | 262,775 | 110,970 |

| 1904 | 316,070 | 83,397 |

| 1905 | 116,902 | 121,269 |

| 1906 | 111,455 | 147,325 |

| 1907 | 151,297 | 158,481 |

| 1908 | 136,882 | 134,052 |

+--------+-----------------+-------------------+

During the period 1899-1908, the average price of indigo had declined

from a fraction under 3s. to about 2s. 2½d. per lb. At first sight it

might appear that the use of indigo in England was rapidly declining,

but this does not necessarily follow when it is borne in mind that

London was formerly the distributing centre of natural indigo for the

continent and America.

_Chemistry._--Our knowledge of the chemistry of indigo is largely

derived from the classical researches of A. von Baeyer and his

collaborators. In 1841 Erdmann and Laurent observed that on oxidation

indigo yielded isatin; and in 1848 Fritzsche obtained aniline by

distilling the dyestuff with potash. In 1870 A. v. Baeyer and Knop

succeeded in preparing indigotine by heating isatin with phosphorus

trichloride, acetyl chloride and phosphorus. In the same year, C.

Engler and A. Emmerling obtained small quantities of the dyestuff by

heating nitroacetophenone with soda-lime and zinc dust, while in 1875

M. v. Nencki prepared it by the oxidation of indol by ozone. Indol had

been previously obtained from albuminoids by means of the pancreas

ferment. It was not, however, until 1880 that v. Baeyer, who had been

at work on the subject since 1865, was able to obtain indigotine from

more or less easily accessible coal tar derivatives of known

constitution. The most important of these synthetic processes due to

the researches of v. Baeyer was the production of the dyestuff from

ortho-nitrophenylpropiolic acid (see Propiolic Acid), which yields

indigotine on being treated with caustic soda and a reducing agent

such as grape sugar or xanthate of soda. Although used in small

quantities in calico printing, it never attained any commercial

importance as a means of producing indigo, the cost of production

being far too high.

Many synthetic processes of preparing indigotine have since been

devised, but the one which stands out pre-eminently from a technical

point of view and the one which ultimately led to the commercial

success of the synthetic product is that of Heumann who showed in 1890

that indigotine can be prepared by melting phenylglycocoll

(phenylglycine), C6H5·NH·CH2·COOH, with caustic alkalis. The yield

was at first very unsatisfactory. It was subsequently found, however,

that by starting with phenylglycocoll-ortho-carboxylic acid, the yield

was sufficiently good to render the process a practical success. The

starting-point for the manufacture of synthetic indigo is naphthalene,

C10H8, which is oxidized, by heating with concentrated sulphuric acid

in the presence of a little mercury, to phthalic anhydride,

C6H4(CO)2O, which is then converted into ortho-aminobenzoic acid,

C6H4(NH2)(CO2H), by treatment with an alkaline hypochlorite. This acid

is then condensed with monochloracetic acid to form

phenylglycocoll-ortho-carboxylic acid, C6H4(NH·CH2·CO2H)(CO2H), which

on being melted with caustic alkali yields indoxylic acid,

/C(OH)\\

C6H4 / \\ C·CO2H,

\ NH /

and this readily loses carbon dioxide and passes over into indoxyl,

/C(OH)\\

C6H4 / \\ CH.

\ NH /

By alkaline oxidation indoxyl is converted into indigotine.

The patent literature of processes for bringing about the conversion

of the phenylglycine or its carboxylic acid into indoxylic acid,

indoxyl and indigotine is enormous; a circumstance due to the fact

that the efficiency of this operation controls the price of the

synthetic dyestuff. Caustic soda has been practically given up, being

replaced partly or wholly by caustic potash; in addition, alkaline

earths, sodamide, nitrides, alkali carbides, &c., have been used. In

1906, Meister, Lucius and Brüning patented the addition of lead and

sodium to a mixture of caustic potash and soda; the Basler Chemische

Fabrik use a mixture of caustic potash and soda at 210°-260°; Léon

Lilienfeld added slaked lime or magnesia to the fused alkali, with a

subsequent heating in a current of ammonia at 150°-300°, and in 1908

patented a process wherein the melt is heated under greatly reduced

pressure; this gave a yield of 80-90%.

Synthetic indigo comes into the market chiefly in the form of a 20%

paste but is also sold in the solid state in the form of a powder.

Indigotine, C16H10N2O2, is a derivative of indol and its constitution

is

CO CO

/ \ / \ / \ / \

| | C:C | |

\ / \ / \ / \ /

NH NH

It can be prepared in an almost pure state by extracting good

qualities of Bengal or Java indigo or synthetic indigo with boiling

nitrobenzene, from which it crystallizes on cooling in dark blue

crystals having a metallic sheen. When heated in an open vessel it

readily volatilizes, yielding a violet vapour which condenses on

cooling in the form of crystals. Indigotine is also soluble in boiling

aniline oil, quinoline, glacial acetic acid and chloroform, but is

insoluble in water, dilute acids and alkalis and ordinary solvents

like alcohol, ether, &c. By nitric acid and many other oxidizing

agents it is readily converted into isatin, C8H5NO2. Heated with

concentrated sulphuric acid it yields a disulphonic acid,

C16H8N2O2(SO3H)2, the sodium salt of which finds application as an

acid colour in wool dyeing under the name of Indigo carmine.[2] By the

action of reducing agents, indigotine is converted into _indigo

white_, C16H12N2O2, which is readily soluble in alkalis or milk of

lime with a yellow colour. On exposing the alkaline solution to the

air the indigo white is rapidly oxidized back to indigotine, and on

these two reactions the application of indigo in dyeing and printing

is based. (See DYEING and TEXTILE PRINTING.)

Various halogen (chlorine and bromine) substitutive derivatives of

indigotine have been introduced which, while not differing essentially

from ordinary indigo in their properties, produce for the most part

redder shades in dyeing. They are claimed to be faster and brighter

colours. It has been shown by Friedländer (Ber., 1909, 42, p. 765)

that the reddish violet colouring matter obtained from the

colour-yielding glands of the mollusc _Murex brandaris_, by means of

which the famous Tyrian purple of the ancients was dyed, is a

dibromindigo, C16H8Br2N2O2. A new departure in the synthetic dyestuffs

belonging to the indigo group was inaugurated by the discovery in 1906

by P. Friedländer of thioindigo red, a derivative of thionaphthen,

which is formed from phenylthioglycol-ortho-carboxylic acid,

/CO2H

C6H4 /

\ S·CH2CO2H.

This substance, on boiling with alkali and then with dilute acid

yields thioindoxyl,

/CO\

C6H4 / \ CH2,

\ S /

which is converted by alkaline oxidation into thioindigotin, having

the constitution

/CO\ /CO\

C6H4 / \ C:C / \ C6H4.

\ S / \ S /

The new dyestuff is therefore analogous to indigotine, from which it

differs by having the imino groups replaced by sulphur atoms.

Thioindigo red can be readily crystallized from boiling benzene, and

forms reddish brown crystals possessing a metallic reflex. Thioindigo

scarlet,

/CO\ /CO \

C6H4 / \ C = C / \ NH,

\ S / \C6H4 /

is also obtained synthetically. Both products come into the market in

the form of pastes and are used in dyeing like indigo (see DYEING).

(E. K.)

Encyclopaedia Britannica, 11th Edition, "Independence, Declaration of" to "Indo-European Languages" Volume 14, Slice 4 · 第 38 / 44 题