Imatges de pàgina
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or promise from the defendant to excuse him, he shall forfeit £10, shall stand two hours in the pillory, and shall be for ever disabled to sue on any popular or penal statute.

But by 56 Geo. III. c. 138, the punishment of pillory is removed from all offences except perjury and subornation of perjury, and fine and imprisonment substituted.

To compound a misdemeanor without leave of the court is also (as it would seem) illegal.-5 East, 294; 2 Bing. 258; sed qu. 1 Jac. Rep. 126; 4 Bl. C. 136, note by Chr.

But in some cases of misdemeanors more immediately injuring an individual, as batteries and libels, the court will sometimes permit a reference, or allow the defendant, even after conviction, to speak (as it is termed) with the prosecutor, before any judgment is pronounced; and a trivial punishment, generally a fine of one shilling, will be inflicted if the prosecutor declare himself satisfied.-Chitty's Practice of the Law, I. 17.

And upon summary proceedings before a magistrate (as for certain injuries to personal or real property), he is in some cases authorized, by 7 & 8 Geo. IV. c. 29, s. 68, and c. 30, s. 34, to discharge the offender after conviction, on his making satisfaction.

11. Common Barretry.

This consists in frequently stirring up suits and quarrels between the king's subjects either at law or otherwise.— 4 Bl. C. 134.

The offence does not consist of a single act of barretry, for every indictment must charge the defendant with being a common barretor.-1 Hawk. P. C. c. 81, s. 5; 8 Rep. 36.

Nor can a man be guilty of it in respect of any number of false actions brought by him in his own right.-Semb. Hawk. P. C. c. 81, s. 4.

This offence being complicated of divers acts, it is not necessary to set forth the particular acts in the indictment; but it is sufficient to charge the defendant generally as a common barretor, and before the trial to give him a note

of the particular matters intended to be proved.-1 Hawk. P. C. c. 81, s. 13; 1 T. R. 754.

This offence is a misdemeanor at common law, punishable by fine and imprisonment; and if the offender belongs to the profession of the law, he is liable also to be disabled from practising in future.-1 Hawk. P. C. c. 81, s. 14.

This offence is also prohibited by 34 Ed. III. c. 1.— Cro. Eliz. 148.

By 12 Geo. I. c. 29, if any one who has been convicted of forgery, perjury, subornation of perjury, or common barretry, shall practise as an attorney, solicitor, or agent in any suit, the Court upon complaint shall examine it in a summary way; and if proved, shall direct the offender to be transported for seven years.

12. Maintenance.

This consists in the officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party with money or otherwise to prosecute or defend.—4 Bl. C. 134.

There are many acts in the nature of maintenance which are justifiable: -1. Those done in respect of an interest in the thing in dispute. 2. In respect of kindred or affinity. 3. In respect of other relations, viz. landlord and tenant, master and servant. 4. In respect of charity. 5. In respect of the profession of the law.-1 Russ. 177.

The offence is a misdemeanor, punishable at common law by fine and imprisonment; and by statute 32 Hen. VIII. c. 9, by a forfeiture of £10, one moiety to the king and the other to the informer.-4 Bl. C. 135.

13. Champerty.

This consists in bargaining with a plaintiff or defendant to divide with him the land or other matter sued for, whereupon the champertor is to carry on the party's suit at his own expense.-4 Bl. C. 135.

Every champerty implies maintenance, but every maintenance is not champerty.-2 Inst. 208.

Champerty is a misdemeanor at common law.

By 3 Edw. I. c. 25, no officers of the king by themselves, nor by others, shall maintain pleas, suits, or matters hanging in the king's courts for lands, tenements, or other things, for to have part or profit thereof, by covenant made between them, and he that doth shall be banished at the king's pleasure.

By 13 Ed. I. c. 49, the chancellor, treasurer, justices, nor any of the king's counsel, no clerk of the Chancery nor of the Exchequer, nor of any justice or other officer, nor any of the king's house, clerk ne lay, shall not receive any church nor advowson of a church, land, nor tenement in fee, by gift, nor by purchase, nor to farm, nor by champerty, nor otherwise, so long as the thing is in plea before us, or before any of our officers, nor shall take no reward thereof. And he that doth contrary to this Act, either himself or by any other, or make any bargain, shall be punished at the king's pleasure, as well he that purchaseth as he that doth sell.

By 28 Ed. I. st. 3, c. 11, the king wills that no officer nor any other (for to have part in the thing in plea) shall not take upon him the business that is in suit, nor none upon any such covenant shall give up his right to another, and if any do, and he be attainted thereof, the taker shall forfeit unto the king so much of his lands and goods as doth amount to the value of the part that he hath purchased for such maintenance.

By 33 Ed. I. st. 3, whereas it is contained in our statute that none of our court shall take any plea to champerty by craft, nor by engine, and that no pleaders, apprentices, attornies, stewards of great men, bailiffs, nor any other of the realm, shall take for maintenance, or the like bargain any manner of suit or plea against other, whereby all the realm is much grieved, and both rich and poor troubled in divers manners, it is provided by common accord, that all such as shall from henceforth be attainted of such emprises, suits, or bargains, and such as consent

thereunto shall have imprisonment of three years, and shall make fine at the king's pleasure.

By 4 Ed. III. c. 11, and 32 Hen. VIII. c. 9, the above statutes are confirmed, and it is enacted, that from thenceforth it should be lawful for justices of the Common Pleas, justices of Assize, and justices of the Peace in their Quarter Sessions, to inquire, hear and determine cases of maintenance and champerty, as well at the suit of the king as of the party.

By same statute, 32 Hen. VIII. c. 9, no one shall buy or sell any pretended right or title to land, unless the vendor hath been in possession of the same, or the reversion or remainder thereof, or taken the rents or profits thereof, for one whole year before such grant, on pain that both purchaser and vendor shall each forfeit the value of such land to the king and the prosecutor.

14. Conspiracy.

This offence consists in any confederacy of two or more persons to injure an individual, or do any other unlawful act or acts prejudicial to the community.-4 Bl. C. 137, n. by Ryland. 3 M. & S. 67; 3 St. Tr. 519.

The offence is committed not only whenever a confederacy is entered into for an illegal purpose, but also where it is to effect a legal purpose by illegal means; and this whether the purpose is effected or not.-2 Russ. 553; 6 T. R. 636; 8 Mod. 11.

By 6 Geo IV. c. 129, s. 4, 5, persons meeting or entering into agreement for fixing the rate of wages which they shall demand or pay in any manufacture or business, or the times for working therein, are not liable to prosecution for so doing, any law or statute to the contrary notwithstanding.

Though conspiracy cannot be committed by one person alone, yet one person may be indicted alone for having conspired with others.-1 Str. 193.

A conspiracy cannot be charged against a husband and wife only, they being one person.-1 Hawk, P. C. c. 72. s. 8.

One of the chief species of the offence is that of conspiring to indict an innocent man of felony.

A conspiracy of this kind is committed if there is an unlawful agreement to injure a person by a false charge, though it be in no way prosecuted.-2 Russ. 555.

The offence of conspiracy is a misdemeanor, punishable by fine and imprisonment.-2 Russ. 573.

An indictment for this offence need not state an overt act.-2 Russ. 567.

A conspiracy, the object of which is bribing a person not to appear to give evidence, renders the person convicted incompetent as a witness.-4 Bl. C. 136, n. by Ryland.

Whether a conspiracy with any other object (such as that of committing a fraud) has the same effect, does not appear to be settled.-Ibid.

But it seems that it has not.-2 Russ. 574.

15. Accusing or threatening to accuse of infamous Crime with intent to extort Money.

By 7 & 8 Geo. IV. c. 29, s. 7, if any person shall accuse or threaten to accuse any other person of any infamous crime as thereinafter defined, with a view or intent to extort or gain from him, and shall, by intimidating him by such accusation or threat, extort or gain from him any chattel, money, or valuable security, every such offender shall be deemed guilty of robbery, and shall be indicted and punished accordingly.

By section 8, if any person shall knowingly send or deliver any letter or writing demanding of any person with menaces, and without any reasonable or probable cause, any chattel, money, or valuable security; or if any person shall accuse, or threaten to accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse any person of any crime punishable by law with death, transportation, or pillory, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime, as thereinafter defined, with a view or intent to extort or gain from

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