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Form of a Warrant of Commitment in general. County of P. esquire, one of the justices of our lord the

king, assigned to keep the peace within the said county. To the constable of in the said county, and to the keeper of - at

in the said county: These are to command you the said constable, in his majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said

the body of A. O. charged upon the oath of A. P. of in the said county,

, before me, with [here specify the offence]. And you the said keeper are hereby required to receive the said A. O. into your custody in the said

and him there safely to keep [here set forth the time), or until he shall be thence delivered by due course of law. Herein fail you not. Given under my hand and seal the of in the

year of the reign of his said majesty king William the Fourth.

J. P. (L.S.)

day

.

Form of Commitment of a person for further Examination.

County of }J.

P. esquire, one of the justices of our lord the king,

assigned to keep the peace within the said county, To the constable of - in the said county, and to the keeper of the common gaol at

in the said county. These are to command you the said constable, in his said majesty's name, forthwith to convey and deliver into the custody of the said keeper of the said common gaol, the body of A. O., charged this day before me, the said justice, on the oath of A. I., on suspicion of having in the night of the day of instant, at the parish of

in the said county, burglariously broken and entered the dwelling-house of the said A. I. (or, as the case may be], but inasmuch as A. W., a material and necessary witness against the said A. 0. for the burglary and felony aforesaid, resides at Chester (or, as the case may be], a distance of - miles from the said dwelling-house of the said A. I. [or, as the case may be], and he the said A. I. hath not been able to procure the attendance of the said A. W., but will use his best endeavour so to do on the day of instant.

You the said keeper are hereby required to receive the said A. O. into your custody in the said common gaol until next, the

day of - instant, when you are hereby required to bring the said A. O. at

in the said county, before me or before such others of his majesty's justices of the peace for the said county as shall be then and there present, to be re-examined and further dealt with according to law. Hereof fail you not. Given under my hand and seal the day of

in the year of our Lord one thousand eight hundred and

J. P. (L. S.) The following important case shows, that if a magistrate, in sending back a prisoner for re-examination, commit him for longer than a reasonable time, he will be doing an illegal act, and be subject to an action for false imprisonment.

for an unrea

Magistrate In a case of trespass brought against a magistrate for false imcommitting for prisonment, it appeared that the plaintiff (a woman) had been re-examination brought before him on a charge of felony, and that the magistrate

had committed her for re-examination for a period of fourteen sonable time, though bona

days. Verdict for plaintiff, the jury finding that the commitment fidc, held liable was bond fide, and not from any improper motive, but that it was to trespass for for an unreasonable time. The court refused to enter a nonsuit, false imprison- holding that it was the duty of the magistrate to commit for a

reasonable time only, and that in going beyond it he was doing an illegal act, and the commitment was therefore void. Davis v. Capper, 10 B. f Ad. 28.

The usual practice is stated to be to commit from three days to three days. i Chit. Crim. L. 7. See tit. Eramination.

ment.

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Order on Overseers (if in Middlesex), or Treasurer of the

County (if in any other county), to reimburse Expenses of conveying a Prisoner to Gaol by Stat. 27 G. 2. c. 3. § 1. p. 172

To the treasurer of the county of (or to the overseers of the poor of the parish or place of in the county of Middlesex). County of WHEREAS application hath been this day made to wit. Sin and for the said county, by A. B. one

of the constables of the parish of - in the said county, to allow the reasonable expenses of his conveying C. D. to the common gaol at

in the county aforesaid, who was by me committed to the said gaol, for [state the offence).

It having been duly made appear to me, the said justice, that the said C. D. hath not money nor goods within the said county, sufficient to bear the charges of himself and those who conveyed him to the said gaol; and i having, upon oath, examined into the expenses thereof, and made due inquiry into the premises, do hereby ascertain and allow the reasonable expenses thereof, at the sum of which I hereby order and require you the treasurer of the said county [or, overseers] forthwith to pay the said A. B. Given under my hand and seal this

day of in the year of our Lord one thousand eight hundred and

J. P. (L. S.) Warrant of Distress for Expenses when a Person is com

mitted to Gaol. See stat. 3 J. 1. c. 10. § 1. p. 170. County of.}To the constable of

in the said county. WHEREAS by warrant under the hand and seal of me, J. P.

esquire, one of his majesty's justices of the peace in and for the said county of -, bearing date the

day of

in the year of our Lord one thousand eight hundred and

in the said county, labourer, was committed to the common gaol [or, as the case may be (a)], of the said county of

for (here state the offence or misdemeanor], he the said

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A. O.,

late of

(a) See Ex parte Evans, 8 T. R. 172.

A. O. having means or ability to bear his own reasonable charges for so conveying or sending him to the said gaol (or, as the case may be), and the

charges of those appointed to guard him thither ; and whereas A. C., constable of the parish of - in the said county, who in obedience to such warrant conveyed the said A. O. to the said common gaol [or, as the case may be) of the said county of hath made oath before me the said justice, that the said A. O. refused at the time of his commitment and sending to the said common gaol [or, as the case may be), to defray ihe said charges of conveying him as aforesaid, and did not then pay nor hath since paid the same, which said charges amount to the sum of

These are, therefore, to command you to sell such and so much of the goods and chattels of the said A. O. as shall satisfy and pay the said sum of - --, being the charges of such his conveying to the said gaol [or, as the case may be), the appraisement to be made by four of the honest inhabitants of the parish where such goods and chattels shall be ; and I do hereby order and direct the goods and chattels so to be distrained to be sold and disposed of at the expiration of four days from the time of taking such distress, unless the said sum of - - for which such distress shall be made, together with the reasonable charges of taking and keeping such distress, shall be sooner paid, returning the overplus upon demand to him the said A. O., the reasonable charges of taking, keeping, and selling the said distress being first deducted. And if sufficient distress cannot be found of the goods and chattels of the said A. O., whereon to levy the said sum of - that then you certify the same to me, together with this warrant. Given under

my

hand and seal at in the said county of , the day of in the year of our Lord one thousand eight hundred and

J. P. (L. S.)

See the form of commitment for non-payment of costs on complaints before magistrates, as given by 18 G. 3. c. 19. See tit. Tosts.

For commitments upon particular cases, see the several titles in this book : and particularly title Uagrants.

Conspiracy.

1. What it is.

[6 G. 4. c. 129.] II. How punishable.

I. what it is. THE conspiring by two or more to obstruct, pervert, or defeat General prin

the course of public justice, to injure the public health, or ciple,

generally to effect any public mischief, are offences punishable by indictment. 2 Russ. 553. and the authorities there cited.

So, when two or more combine together to execute some act

for the purpose of injuring a third person. By the common By the common law there can be no doubt, but that all conlaw.

federates whatsoever, wrongfully to prejudice a third person, are highly criminal; as where divers persons confederate together by indirect means to impoverish a third person, or falsely and maliciously to charge a man with being the reputed father of a bastard child, or to maintain one another in a matter, whether it be true or false.

1 Haw. c. 72. $ 2. The conspiring Not only those who actually cause an innocent man to be inis the gist of the dicted, and also to be tried upon the indictment, whereupon he offence, though is lawfully acquitted, are properly conspirators, but those also no act be done.

are guilty of this offence who barely conspire to indict a man falsely and maliciously, whether they do any act in prosecution of such conspiracy or not.

1 Haw. c. 71. s 2. 2 Ld. Raym. 1169. Illegal means. So, it is indictable where the conspiracy is to effect a legal

purpose by the use of unlawful means. 2 Russ. 553. Action for con- But an action will not lie for the conspiracy unless it be put in spiracy. execution; for in such case, the damage is the ground of the ac

tion. 1 Ld. Raym. 378.

A conspiracy to prevent a prosecution for a felony, is an offence.

14 Ves. 65. Combining to Every confederacy to injure individuals, or to do acts which are injure indi

unlawful or prejudicial to the community, is a conspiracy. 4 Blac. viduals, or to

Com. 137. (n.) Thus, journeymen confederating and refusing to prejudice the

work unless for certain wages, may be indicted for a conspiracy, community.

notwithstanding the statutes which regulate their work and wages do not direct this mode of prosecution ; for the offence consists in the conspiring, and not in the refusal, and all conspiracies are illegal, although the subject matter of them may be lawful. R. v.

Journeymen Tailors of Cambridge, 8 Mod. 11. 320. Journeymen

By 6 G. 4. c. 129. (relating to combinations among journeymen, meeting to agree &c.) § 4., the act is not to extend to subject to punishment persons

who shall meet together for the sole purpose of consulting upon &c.

and determining the rate of wages which they shall require for their work, or the hours for which they shall work, &c., or who shall enter into any agreement, written or verbal, for such purposes, and that they shall not be liable to any prosecution or penalty for

so doing. Masters meet. And by Ø 5. the act is not to extend to persons meeting for ing about

the

purpose of consulting about the rate of wages which they shall journeymen's

pay to their journeymen, &c., or the hours, &c., or who shall enter into any agreement, verbal or written, for such purposes, and that such persons shall not be liable to any prosecution or penalty for

so doing. Doing a lawful A bare conspiracy to do a lawful act to an unlawful end is a

crime, though no act be done in consequence thereof. Suppose lawful end.

there is a conspiracy to let lands of 101. a-year value to a poor man, in order to get him a settlement, or to make a certificate man a parish officer, or a conspiracy to send a woman big of a bastard child into another parish, to be delivered there, and so to charge that parish with the child; certainly these are

about wages,

wages, &c.

act to an un

crimes indictable. Per Cur. R. v. Edwards and others, 8 Mod.
321.
If a man and woman marry in the name of another, for the pur-

Marrying in pose of raising a specious title to the estate of the person whose another's name. name is assumed, it is a conspiracy. R. v. Robinson and Taylor, 0. B. Oct. 1746, 1 Leach, 37.

It is an indictable offence to conspire on a particular day by By false ru. false rumours to raise the price of the government funds, with mours to raise intent to injure the subjects who should purchase on that day; the price of the for the purpose itself is mischievous ; it strikes at the price of a vendible commodity in the market, and if it gives it a fictitious price, by means of false rumours, it is a fraud levelled against all ile public, for it is against all such as may possibly have any thing to do with the funds on that day. The offence is not raising the funds simply, but in conspiring by false rumours to raise them on that particular day; for to raise the funds may be an innocent act, but to conspire to raise them by illegal means, and with a crimi: Per Bayley J. nal view, is an offence. To raise them by false rumours is by S. C. illegal means. An indictment for such an offence need not specify the particular persons who purchased as the persons intended to be injured, for the conspiracy is the thing which constitutes the crime; and it is sufficient if the indictment state the conspiracy as it existed at the time when the crime was complete. It might have been detected before any purchases were made, or the mischief was effected, yet that would not have altered the offence; because the parties had done every thing in their power, and all that was essential to complete the crime when they had formed the conspiracy, and used illegal means for effecting it. Their criminality must depend on their own act, and not on the consequences that ensue from it. R. v. De Berenger and others, 3 M. & S. 67.

Where a highway was indicted for being out of repair, and on For producing “not guilty” pleaded, it appeared that two justices conspired to a false certi

ficate on a road produce before the court a false certificate of the road being in

indictment. repair, in order to influence the judgment of the court on withdrawing such plea and pleading guilty : this was held to be an indictable offence, as a conspiracy for the perversion of the course of justice, and that it was immaterial whether they knew or not of the road being out of repair at the time. R. v. Mawbey, 6 T. R. 619.

One person alone cannot be guilty of a conspiracy, 1 Haw. c. 72. One person $8.: but one person may be prosecuted for having conspired with alone cannot be others, and may be tried and convicted alone, if the others escape conspiracy. or die before the time of trial, or the finding of the bill. 1 Stra. 193. 2 Stra. 1227. And if all but one be acquitted, and it is not stated as a conspiracy with certain persons unknown, the conviction of the single defendant will be invalid, and no judgment can be passed on him, Poph. 202. 3 Burr. 1262. 12 Mod. 262. 1 Haw. c. 72. 88.; but if an action on the case in the nature of a conspiracy be brought against several persons, and all but one be acquitted, yet judgment may be given against that one only. 1 Haw. c. 72. 8.

And where two conspire and one dies, the survivor may still be indicted for the conspiracy. 2 Stra. 1227. R. v. E. Nicholls, 13 East, 412. (n.)

VOL. III.

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