CLERK OF THE PEACE-continued. Verifying return of estreats, 111 Lodging certificate with, for stopping way, 863 CLERKS AND SERVANTS, Larceny by, at common law, 282 Larceny by, under 7 & 8 G. IV. c. 29, s. 46, 284 Uttering, and having counterfeit gold or silver coin or coining tools in posses- Possession of such counterfeit coin, what, 343 Effect of second offence after previous conviction, 340 Offences relating to copper coin, Venue, 341 No traverse allowed, except for cause, 342 Proof of the coin being counterfeit, id. Punishment by hard labour and solitary confinement, id. Interpretation of words in the act, id. Trick of "ringing the changes," 344 Guilty knowledge how shown, 343, 345, 514; see Guilty KnowledGE Uttering by wife in presence of husband; see HUSBAND AND WIFE Procuring counterfeit coin with intent to utter it is a misdemeanour at com- Indictment for Uttering a counterfeit sovereign, 343 Shilling, 344 For uttering counterfeit shilling having another in possession, id. For uttering counterfeit coin twice within ten days, 345 For having in possession three or more pieces of counterfeit coin, id. COMING TO INHABIT-OR SETTLE, 711; see SETTLEMENT BY RENTING COMMENCING PROSECUTION, R. v. Willice, in Table of Cases. COMMISSION OF THE PEACE, Early history of, in counties, 2, 3 Lasts six months after demise of crown, 2 In boroughs and towns, 3, 4 Terms of, applicable to sessions, 79 Quorum clause, 81 COMMITMENT IN EXECUTION, Appeal against, 905 Distinguished from commitment for safe custody, id. Drawing Commitment and Conviction together in one form, 873. COMPANY, "A. B. and Co." in convictions, 877 Indicting for not repairing bridge; see CORPORATION COMPENSATION JURY, At quarter sessions, 440; see 1 Ad. & E. 563; 8 id. 413, 428, 439; 1 Ld. COMPLETING, Offence in one county which began in another, 178, et seq. COMPOUNDING FELONY, Indictment for compounding a felony, 346 For taking reward for recovery of stolen property, 347 COMPROMISE, Of prosecution without leave of court illegal, 139 With sanction of court, in criminal cases, before trial, 456 CONCEALING BIRTH OF CHILD, No longer triable at sessions, 158 How laid, 198 CONDUCT, Money to witnesses; see WITNESSES CONFESSION, Of prisoner before magistrates or others, 505, et seq.; see EVIDENCE Use of, for prosecution, 505-511 Alone, is sufficient for conviction, 503, 504 How proved, 507, 508 Only evidence against party confessing, 510 Discovery made in consequence of, id. But letter of prisoner containing confession must be read without omitting Whole statement or conversation must go to jury, 511 In cases of summary conviction, 884, 885 CONSENT, Of owner of property, when must be negatived in conviction, 880 Of child to rape; see CHILDREN By overseers to trial of appeal, though no notice proved, 703, 704 CONSERVATORS OF PEACE, 2 CONSIDERATUM EST, 889 CONSPIRACY, When triable at sessions, 158, 347 Considerations on the law of, 348 Enumeration of cases where it has been holden indictable, 350 Death of one defendant before trial, 353 Points respecting indictment for, 352 Venue in, 353 General outline of an indictment for conspiracy, 353 Indictment for conspiracy among workmen to raise their wages, and lessen the time of labour, to obtain money by false pretences, 354 For conspiring to disturb a party in possession of his lands, and to deprive him Punishment of, 357 Convicted party may be a witness, id. CONSTABLES, CHIEF (or HIGH) (i. e. Constables of Hundreds, &c.) Appointed by special sessions of division; powers and duties, 120-122 CONSTABLES, CHIEF OR HIGH-continued. Swearing in, 121 And oath, 124 Collect county rate, and give security for accounting for it, 122 Except appointed since 1 Oct. 1844, id. Bound to attend quarter sessions-their duties there, 122 Convening special session by, 16, 17 Apportioning duties of, when existing divisions of counties are altered by ses. Refusing to be sworn, 123, 124 Remuneration, 125 May depute a party to do a ministerial act, 125 How may be removed, 126 Presentments by, abolished, except in Middlesex, &c. 125, 389 Indictment against, for refusing to take the office after election at sessions, 429, but see 121 In boroughs, 1037 CONSTABLES, PETTY (viz. Parish Constables), Are officers at common law, 122 The term includes tithing-men, &c. id. Where appointed at common law at the leet, and where leet disused, in But now (except in Cheshire, &c. excepted by s. 21 of 5 & 6 V. c. 109) must Precepts to overseers to make out lists of, 52 Lists of persons liable to serve, and of those willing to serve, 52 Lists in small parishes and extra-parochial places, id. Persons qualified and liable to serve as, 53 Persons disqualified for, 54; see 124 Lists to be fixed on doors of churches, &c. and kept for inspection, id. Neglecting returns or making false returns, 55 Overseers to attend special session and answer justices on oath, id. Justices may strike names from list for what reasons, id. Justices to choose constables from list, id. Persons who have served, how long exempt, id. 56 Swearing constables and allowing substitutes, and form of oath, 55, 56; see Refusing to act or find substitute, 56 Lists of constables so appointed sent to clerk of peace, &c. id. Power of constables in and out of their parishes, 57 Vacancies by death or disqualification during year of office, id. Allowances and fees to, out of poor's rate, 58, 125 Vestry may resolve that one or more paid constables shall be appointed for If they do, no unpaid constable need be appointed, 59 Salary to, from poor's rate, id. Lock-up houses and strong rooms, id. Constables superintending the same, 60 Recovery and application of penalties, id. Interpretation of act, 61 Might find deputy at common law, 125 Refusing to be sworn in, how indicted, &c. at common law, 123; see Bound to attend quarter sessions; duties there, 122 Calling them over there, and fining them for non-attendance or ill conduct Appointing where there were none before, 124 In towns corporate, 59, 124 CONSTABLES, PETTY-continued. Mandamus to justices to swear them in, 124 Presentments by, as to indictable offences abolished except in Middlesex, 125, 389 Removal of them, 126 Assaulting, 320; see as to Costs, 975 Proof of acting as, 332 Has option to execute warrant out of his precinct, if within jurisdiction of jus- Constable's expenses and accounts, allowing by overseers, 704 Form of indictment for assaulting, 323 Forms of indictment against, for escape; see ESCAPE AND RESCUE Forms of indictment against, for refusing to take office, and misconduct in Indictment against, for refusing to take the office after election at sessions, 429 CONSTABLES, SPECIAL Remunerating, 125 CONSTABLES, of COUNTY and DISTRICT, (called RURAL POLICE), at rate of CONTEMPT, Of sessions during their sitting, 99, et seq.; see WORDS Or fine for, 100 E. g. for publishing reports of trials, 101, 12 Instances enumerated, 99, 100 Sessions cannot attach for contempt committed out of court in disobedience of their orders, 101 By defendant when acquitted, id. When indictable, 309 CONTINUANCE, Of sessions by way of adjournment, 646; see ADJOURNMENT Entries of, 655. Mandamus to sessions to enter, and hear appeal, 656, 652, 942 CONTRA FORMAM STATUTI, For statutorum only available on demurrer, 227, 263; see 197, 198 Why, 208, 221 Will not hurt, 226 Omission of, when aided, 198 When unnecessary, 250 CONTRA PACEM, Always necessary in indictments, 225 CONTRADICTING WITNESS; see WITNESS CONVERSATION, Of small weight as evidence, 496 CONVICTED, When means effectually convicted, 970 CONVICTION IN TRIALS BY JURY, Follows on plea or verdict of guilty, 577 CONVICTION (PREVIOUS) OF PRISONER FOR FELONY, Mode of trying, 250 CONVICTION (PREVIOUS) OF PRISONER FOR FELONY-continued. Form of certificate, 249, 250, 493 Proving, in cases of stealing tree, &c. where third offence is made felony, 278 Proving, in reply to witnesses called to defendant's character, 564, 565 In cases relating to deer, 281 In cases relating to coin, 340 Proving identity of prisoner with person previously convicted of felony, 499 CONVICTION (SUMMARY) Twopence damages, and no costs to plaintiff in action against justices whose Summary conviction, what, 871 Is a record, so defendant is entitled to a copy, 897 Must be strictly accurate in form, 872 More strictly held to form than orders of justices, 615 No intendment in favour of, 877 When justice resident near is to act, 876 General requisites of record of, 873 The information, 874 Statement of time when exhibited, id. Statement of place, id. Statement of authority of convicting justice, 875 Statement of information, on charge against defendant, 876 Accuracy required as to names of informer, or of owner of property As to using words of statute, 901, 878 Description of offence, e. g. day, hour of offence, guilty knowledge of Bad to charge two offences, 878 Or to misrecite enacting part of act, id. Facts to be charged, and not by way of inferences or disjunctives, 877 Not sufficient to state legal result of facts not set forth, id. Evidence will support conviction whether conclusion there drawn Consent of owner, when must be negatived, id. Exceptions and exemptions in enacting clauses, when necessary to be The confession or defence, 884 The evidence in support of the charge, 885 Should be stated to be given on oath in defendant's presence, 886 To be set out at length in conviction, 887; see 885 Adjournments, if any granted by convicting justices, should be stated, 889 The judgment or adjudication, Of fine or damages, 889-891 Must be exact on every point to which it refers, 890 For several offences and penalties in one conviction, 890 In case of joint offence by two only one penalty accrues, 892 Adjudicating distribution of penalty, id. When necessary to be set forth, 893 The costs should form part of it, 894 |