58 No. 64, p. 295. Assizes (5 & 6 Vict. Discretionary. Death. [Sentence may

c. 38).

be recorded, 4 Geo. 4,
c. 48, s. 1.]

59 No. 65, p. 296. Assizes (4 & 5 Vict. c. 36, s. 6).

. Id.

Tr. for life (4 & 5 Vict.
c. 36, s. 3)-7 yrs., or
impr. and h. 1. not exc.
2 yrs. (9 & 10 Vict. c.
24, s. 1, ante, p. 422).

Yes.

Yes.

s. 12, on proof of the offence before any justice by two or more credible witnesses, the offender is to find two sureties, to be bound by recognizances in the penal sum of £50, to answer for the offence, and in default to be committed to prison till the next general or quarter sessions. The depositions should be taken in the ordinary way, and transmitted

to the sessions with the prosecutor's recognizance.

(8 a) This provision is not applicable to churches or chapels of the Church of England (Carr v. Marsh, 2 Phill. 203; 14 J. P. 62). See title "Church," (Summary Convictions) ante, p. 158.)

FF 2

OFFENCE.

Class of Offence and Statute or Authority.

CHALLENGE.

66. Provoking to fight or send a challenge, sending a challenge, M. 1 Hawk. c. 63, s. 3.

72. Uttering counterfeit gold or silver coin, and then having others in possession.

Id. s. 6.

M. Id. s. 7.

F. Id.

M. Id.

Second offence.

73. Uttering same twice within ten days.

Second offence.

74. Having possession of counterfeit coin with intent to utter

same.

Second offence.

75. Making or mending, or having possession of coining tools without lawful authority.

76. Conveying tools or coin, &c., out of Mint without authority. 77. Counterfeiting copper coin, or making or mending, selling, receiving or having in possession, without authority, any tools, &c., for such coin.

78. Uttering false copper coin, or having possession of three or more pieces thereof with intent to utter.

79. Counterfeiting foreign gold or silver coin.

80. Importing same counterfeit coin.

F. Id.

M. Id.

F. Id.

M. Id. s. 8.

F. Id.

F. Id. s. 10.

Id. s. 11.

Id. s. 12.

M. Id.

F. 37 Geo. 3, c. 126,
s. 2.
Id. s. 3.

(9) Search Warrant] A search warrant may be granted by a justice for counterfeit coin or tools, &c. (2 Will. 4, c. 34, s. 11). Vide Forms of Information and Search Warrant, Nos. 79, 80, p. 298 of " Formulist."

(10) Where two or more persons have acted in concert in different counties or jurisdictions, the offence may be charged to have been committed in either of them (2 Will. 4, c. 34, s. 15).

pp. 298, 299.

69 No. 86, p. 299.

c. 38).

Sessions.

68 Nos. 81-85, Assizes (5 & 6 Vict. Discretionary. Tr. life-7 yrs.; or impr.

not exc. 4 yrs., h. 1.
and s. c. (s. 19).

(See Note 11.)

(11) Costs of Prosecution.] The Mint pays in all cases, through their solicitors, the costs of the prosecution, if it be carried on under their direction; therefore it is usual, before making a final committal of the offender, to communicate with the solicitors, and lay before them the facts of the case.

Accessory after the fact under.

COMBINATIONS.

83. Unlawful, and confederacies.

[By 9 & 10 Vict. c. 33, s. 1, proceedings under the 39 Geo. 3,
c. 79, and 57 Geo. 3, c. 19, for seditious practices and
meetings, must be commenced in the name of the law officers
of the crown.]

COMPOUNDING.

84. A felony.

85. A misdemeanor, without legal sanction.

86. Informations on penal statutes.

F. Id.

M. 43 Geo. 3, c. 139, s. 3.

Id.

F. 2 Will. 4, c. 34, s. 18.

M. 37 Geo. 3, c. 123, s. 1; 39 Geo. 3, c. 79, ss. 2, 8; 52 Geo. 3, c. 104, s. 1; and 57 Geo. 3, c. 19, s. 25.

CONCEALING BIRTH.

M. 1 Hawk. c. 59, s. 5, &c.

M. 5 East, 298, 302.

M. 18 Eliz. C. 5, S. 4;
27 Eliz. c. 10;
56 Geo. 3, c. 138, s. 2.

87. By woman of child, by secret burying or otherwise disposing M. 9 Geo. 4, c. 31, s. 14. of the dead body.

[See "Felony," post, for misprision of felony.]

CONSPIRACIES.

88. By two or more persons: 1. To charge another with crime; M. Arch. Cr. Pl. by 2. To injure others; 3. To commit illegal offence; 4. To Welsby, 12th ed. p. 756; prevent the course of justice; 5. To effect legal purposes 1 Hawk. c. 72, s. 2. by improper means; and 6. Of journeymen to raise wages.

89. To commit an offence which the quarter sessions have jurisdiction to try when committed by one person.

CONSTABLE.

90. Refusing to execute the office when required by law to do so, [e. g. as chief or petty constable, overseers of the poor, &c.]

Id.

M. R. v. Bower, 1 B. & C. 585; 2 D. & R. 842 (Arch. Cr.Pl. by Welsby, 12th ed. p. 751).

(12) A person acquitted of child murder may be found guilty of concealing the birth, if the evidence justifies such a finding (9 Geo. 4, c. 31, s. 14).

(13) In any county in which it can be proved that an act was done by any one of the

conspirators in furtherance of their common design (see R. v. Brisac, 4 East, 164), or in which the conspiracy actually took place.