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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
Form of indictment under this statute, 291
Felonious embezzlement by; see EMBEZZLEMENT

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Uttering, and having counterfeit gold or silver coin or coining tools in posses-
sion, 310, 339

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
All present and concurring in guilty uttering, indictable, 343, 344

Uttering by wife in presence of husband; see HUSBAND AND WIFE

Procuring counterfeit coin with intent to utter it is a misdemeanour at com-
mon law, 345

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
COMMAND, 293, 297

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.
Ray. 454, 469

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
COMPULSORY WORDS IN ACT; see IMPERATIVE

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
any names, id.

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
of them, 355

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.
sions, 20

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
vestries, quarter sessions, &c. 123

But now (except in Cheshire, &c. excepted by s. 21 of 5 & 6 V. c. 109) must
be appointed at special petty sessions between 24th March and 9th April,
52, 59, 123, 124

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
124, 125

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
their parish, singly or with others, 58

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
56

Bound to attend quarter sessions; duties there, 122

Calling them over there, and fining them for non-attendance or ill conduct
there, id. 169

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-
tice who signs it, 144

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
office; see OFFICE

Indictment against, for refusing to take the office after election at sessions, 429
Indictment against, for not obeying order of quarter sessions, 441

CONSTABLES, SPECIAL

Remunerating, 125

CONSTABLES, of COUNTY and DISTRICT, (called RURAL POLICE), at rate of
1 to 1000 people, 126

CONTEMPT,

Of sessions during their sitting, 99, et seq.; see WORDS
When sessions may commit for, 99

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
When necessary in indictments on statutes, 226

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,
How alleged in indictment, how proved, and consequences, 224
Form of indictment for felony committed after, 249

Mode of trying, 250

CONVICTION (PREVIOUS) OF PRISONER FOR FELONY-continued.
Time for mentioning it to jury is not till after verdict of guilty, 225, 493, 514
But if prisoner calls witnesses to character, prosecutor may put in previous
conviction for felony in answer, 564

Form of certificate, 249, 250, 493

Proving, in cases of stealing tree, &c. where third offence is made felony, 278
Proving, in game cases made misdemeanours, where two previous convictions
have taken place, 382

Proving, in reply to witnesses called to defendant's character, 564, 565
Proving in cases of returning from transportation, 225

In cases relating to deer, 281

In cases relating to coin, 340

Proving identity of prisoner with person previously convicted of felony, 499
Like proof of, for same offence relating to deer, 281

CONVICTION (SUMMARY)

Twopence damages, and no costs to plaintiff in action against justices whose
conviction is quashed, 95

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
injured, 877

As to using words of statute, 901, 878

Description of offence, e. g. day, hour of offence, guilty knowledge of
defendant, &c. in what terms, 877, 878

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
Stating evidence on which conviction is founded, 879

Not sufficient to state legal result of facts not set forth, id.

Evidence will support conviction whether conclusion there drawn
from it be inevitable or not, 880

Consent of owner, when must be negatived, id.

Exceptions and exemptions in enacting clauses, when necessary to be
negatived, and difference between them, and distinct provisoes, 881
The summons of defendant, or notice to him of the information, 882
The appearance or nonappearance of defendant, 883

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

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