COIN-continued. Uttering by wife in presence of husband, 328, 329, and tit. COERCION Form of indictment, For uttering a counterfeit sovereign, 328 Shilling, 329 For uttering counterfeit shilling having another in possession, id. For uttering counterfeit coin twice within ten days, 330 For having in possession three or more pieces of counterfeit coin, id. Early history of, in counties, 1, 2 Terms of, applicable to sessions, 65 COMMITMENT IN EXECUTION, COMPANY, "A. B. and" in convictions, 845 COMPENSATION JURY, At quarter sessions, 455; see 1 Ad. & E. 563; 8 id. 413, 428, 429, 439; COMPLETING, Offence in one county which began in another, 162; see 159-161 COMPOUNDING OFFENCES, Offence of, 331 Form of indictment, For compounding a felony, id. For taking reward for recovery of stolen property, 332 COMPROMISE, Of prosecution without leave of court illegal, 123 With sanction of court, in criminal cases, before trial, 477 Question as to propriety of allowing, 478 CONCEALING BIRTH OF CHILD, Statute respecting, 332 Indictment for, id. Evidence of "concealment," 333 Expenses of prosecution allowed, id. Only evidence against party confessing, id. But letter of prisoner containing confession must be read without omitting Whole confession must go to jury, 527 CONSENT, Of owner of property, when must be negatived in conviction, 778-780 Of overseers to trial of appeal, though no notice proved, 704 CONSERVATORS OF PEACE, 2 CONSPIRACY, Delivering to defendant particulars of charge of, 194 Considerations on the law of, 334-338 Evidence of, 339, n. Enumeration of cases where it has been holden indictable, 336-338 Points respecting indictment for, 169, 334 Cognizable by the quarter sessions, 339 General outline of an indictment for conspiracy, id. Form of indictment at common law for a conspiracy among workmen, to raise For a conspiracy among workmen to raise wages, and prevent others from For conspiring to procure the marriage of paupers, in order to charge a For conspiring to charge a man with receiving stolen goods, and thereby For conspiring to induce persons to commit a felony that the conspirators For conspiring to make a riot and demolish buildings and fences, 346 For conspiring to charge a man with an unnatural crime, and thereby ob- For conspiring to disturb a party in possession of his lands, and to deprive Punishment of, 352 Conviction of, does not render party incompetent to be a witness, id. CONSTABLES, CHIEF (or HIGH), Appointment and duties, 103 Swearing in, 104 Collecting county rate, id. Security for accounting for it, id. Appointed by quarter sessions, id. Bound to attend sessions-their duties there, 95 Convening special session by, 15, 16, 17 Appointing duties of, on altering existing divisions of counties, 19 How sworn, 104 Refusing to be sworn, 107 Remuneration, id. May act by deputy, 108 Will be answerable for deputy, unless he be accepted and sworn, id. Ought not to be removed but at general or special sessions, 109 Oaths to be taken by, 107 Presentments by, abolished, 108 Exception, 210, 387 Form of indictment against, for refusing to take the office after election at the quarter sessions; see OFFICE In boroughs, 1013 CONSTABLES, PETTY, Term comprehends what officers, 104 Bound to attend sessions-their duties there, id. Finable for non-attendance at sessions, or ill conduct there, 105, 106 How appointed and sworn in leets or before justices, 105 CONSTABLES, PETTY-continued. Appointing, where there were none before, 106 Mandamus lies to justices to swear therein, 107 Indictable and finable for refusing to take office, and be sworn in, 105, 106 For neglect of duty, 288 Appointing, in towns corporate, 106 Form of oath taken by, 107 May appoint deputy, 108 Swearing in deputy discharges the principal, id. Making a new constable when one dies or leaves the parish, id. Calling over at sessions, 152 Presentments by, abolished except in Middlesex, 210, 211 Action against, 82, n. When protected by the character of constable, 301 Fees of, in parochial business, 108 Fees of constables to be submitted to sessions, 107 Leet, or justices out of session, may remove, 109 Have a right to their discharge after year's service, id. Form of indictment for assaulting, 304 Forms of indictment against, for escape; see Escape and Rescue Forms of indictment against, for refusing to take office, and misconduct in May execute warrant out of his precinct, if within jurisdiction of justice who CONSTABLES, SPECIAL, Remunerating, 108 Appointing in case of apprehended disturbance, 109 CONSTABLES, OF COUNTY, DISTRICT, &c. (RURAL POLICE), 110 CONTEMPT, Of sessions during their sitting, 83-86 When justice acting out of sessions may commit for, id.; see WORDS When sessions may commit for, 83 Or fine for, 85 E. g. for publishing reports of trials, 86, 12, n. Instances enumerated, 84 Sessions cannot attach for contempt committed out of court in disobedience of By defendant when acquitted, id. CONTINUANCES, Of sessions by way of adjournment, 58 Mandamus to sessions to enter, and hear appeal, 633, 655, 659 CONTRA FORMAM STATUTI, Necessary in indictments on statutes, 203 Why, 186, 198 Will not hurt, 203 Omission of when aided, 178, 179 When unnecessary, 228 CONTRA PACEM, Always necessary in indictments, 202 CONVERSATION, Of small weight as evidence, 511 CONVICTION (PREVIOUS) OF PRISONER FOR FELONY, How alleged and proved, 200 Its consequences, id. Form of indictment for felony committed after, 228 Mode of trying, id. CONVICTION (PREVIOUS) OF PRISONER FOR FELONY—continued. Proving, in game cases made misdemeanours, where two previous convictions Alleging it in indictment, 383 Proving by record, to establish incompetency of witness, 552 Proving, in reply to witnesses called to defendant's character, 579; see 509, Proving in cases of returning from transportation, 201 In cases relating to deer, 257, n. In cases of escaped prisoners, 530 CONVICTION (SUMMARY), Action against justices whose conviction is quashed, 80 Must be strictly accurate in form, id., 841 More strictly held to form than orders of justices, 621, 622, 628, 840, n. When justice resident near is to act, 844 General requisites of, 841 The information, 842 Statement of place, 843 Statement of authority of convicting justice, id. Statement of information, or charge against defendant, 844 Accuracy required as to names, id. Description of offence, in what terms, 845 Facts to be charged, and not by way of inferences or disjunctives, id. Not sufficient to state legal result of facts not set forth, id. n. Evidence will support conviction whether conclusion drawn from it be Consent of owner, when must be negatived, 848 Exceptions and exemptions in enacting clauses, when necessary to be The summons of defendant, or notice to him of the information, 850, 628 The confession or defence, 851 The evidence in support of the charge, 852 How to be set forth in conviction, 853, et seq. Must be stated to be given in defendaut's presence, 854 To be set out at length, 855 Adjournments by convicting justices, 857 The judgment or adjudication, Of fine or damages, 857-859 For several offences in one conviction, 858 In case of joint offence, id. 860 Application of penalty, 860 When necessary to be set forth, 861 The costs, id. All convictions to be returned to sessions, 863 Particularly when appealed against, 649 Copy of conviction demandable by defendant, 864 To what parties costs may be given, 865 Acquittal on, cannot be reversed, 866 Justice cannot be compelled to enforce an erroneous conviction, id. Justice may draw up in form afterwards, and return it to sessions, 864, 866 General form of conviction given by 3 G. IV. c. 23, 866 Rules applicable to particular forms given by statutes, 867, et seq. CONVICTION (SUMMARY)-continued. When surplusage in, will not vitiate, 869 Enactment curing defects in form, 879 Convicting justices are judges, whether intent with which the act was com- mitted was felonious or not, 296, n. Judgment on, cannot be good in part, and bad in part, 869 Cannot without consent be set aside in part, 870 General directions in such forms, as, "here state offence," &c., 871 Mitigating penalties on, 872 Statement in, of alternative punishments, id. Appeal against conviction, when given, 865 Notice of, 873, 874 When recognizance supersedes necessity for notice, 874 Course of proceeding on in court, 875 Whether fresh witnesses can be examined who were not heard before con- victing magistrates, id. n. Judgment on, 876 Reference to ascertain facts, amount of costs, &c., 877 Reference by consent of parties to other justices, id. Costs allowed or refused, when, id. Consequence of dismissal of appeal for informality, id. Adjourning hearing of appeal, 878 How far a conviction protects the justice making it, 858, 879 Liability of justices after their conviction quashed, 80 Quashing conviction at sessions for want of form, 896, n. Using copy of, verified by affidavit, on application for habeas corpus, Precedents of convictions, In case of assault, 880; see ASSAULT In cases of alehouses, id.; see ALEHOUSES In cases of auctions, 882; see AUCTIONS For offences relating to deer, 883; see DEER For stealing dogs, 885 For offences relating to fish, 886; see FISH Forcible detainer on view by justices, 887 For offences relating to vegetables, fruit, &c.; see VEGETABLE For offences against game laws; see GAME For offences relating to trees; see TREES For vagrancy; see VAGRANTS No writ of error lies on, 913 COPULATIVE, 195 COPY, Of indictment, prisoner's right to, 133, 492, 493 Of document, when evidence, 531 CORN, Severed from freehold, 218 CORONER, Three kinds of, 97, n. For a county may act out of it, 100, n. Cannot act as justice, 75 Has some duties calling for his attendance at sessions, 97 Fees and travelling expenses of, to be paid by order of session, id. No coroner entitled to fees by order of sessions in jurisdictions not contri- In boroughs, 98; see BOROUGH In London, Ely, admiral's jurisdiction, verge of palaces, id. By custom, may appoint deputy, id. n. |