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DIGEST OF AMERICAN LAW,
Notes and Comments.
BY NATHAN DANE, LL. D.
COUNSELLOR AT LAW.
IN EIGHT VOLUMES.
DISTRICT OF MASSACHUSETTS, TO WIT:
District Clerk's Office. BE it remembered, That on the sixth day of July, A. D. 1824, and in the forty-ninth year of the Independence of the United States of America, Nathan Dane, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit :
“A General Abridgment and Digest of American Law, with occasional Notes and Comments. By Nathan Dane, LL.D. Counsellor at Law. In eight volumes. Vol. vii."
In contormity w the act of the Congress of the United States, entitled, “ An act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned ;" and also to an act, entitled, “ An act, supplementary to an act, entitled, An act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching, historical and other prints,"
JOHN W. DAVIS,
COMPOUNDING INFORMATIONS &c.
Art. 1. Compounding informations. This is an offence 4 Bl. Com.
134, 135. against public justice ; and also has a tendency to make the ind laws odious to the people. It is an offence here at common for, 4 law, a misdemeanor. In conducting informations on penal Wentw. 319,
332.-Cro. statutes, it is material that fair informations be not discharged; C. C. 262, that the laws be carried into effect with a steady hand, and 266.- Ken. with certainty, with firmness, but with moderation, and with asci Dec. 19, a constant view to the public good, and never to gratify Hale, 546. avarice, private malice, or revenge. To these ends it is im- The court
may fix the portant, that when such informations are commenced and ter set on foot, they be duly prosecuted, and not delayed, stop- 79.—5 D. & ped, or settled, but by the consent of the court or public
Burr. 1929, magistrate, and never by a compromise or compounding the is usual to' offence by any agreement between the prosecutor and of- require the
king's half. fender. Therefore the 18th of El. ch. 5, forbade any person, informing under a pretence of any penal law, to make any composition without leave of the court, or to take any money or promise from the deft. to excuse him, under the penalty of forfeiting £10, pillory, and forever being disabled to sue on Compou
ing a popu. any popular or penal statute. This statute in substance has lar action, been adopted here as common law. And this compounding 2 Johns. R. is an indictable misdemeanor, punishable by fine and imprison- 90 ment. The New York act is a transcript of this statute. 9 Crown Cir. Johns. 251. The indictment for compounding a felony states cuit Comthe proceedings, as that the prosecutor complained to a jus- par
Jus 254 to 266.