CHAPTER V. COMPOUNDING FELONY. (895) At common law for compounding a felony. (895) At common law for compounding a felony.(a) That one A. B., late of, etc.. on, etc., with force and arms, at, etc., one silver spoon, of the value of five shillings, of the goods and chattels of one C. D. then and there being found, feloniously did steal, take, and carry away, against, etc.(b) (Conclude as in book 1, chapter 3.) And that the said C. D., late of, etc., well knowing the premises, but unlawfully and unjustly contriving and intending to prevent the due course of law in this behalf, and to procure (a) Dickinson's Q. S. 6th ed. 346. (Offence at common law.) The agreeing to receive money in consideration of compounding a charge of felony is a high misdemeanor, subjecting the party who commits it to imprisonment and fine. 1 Hale, 546, 619; 2 Hale, 400. See Wh. Cr. L. 8th ed. 1559, etc. Formerly it was thought to constitute the offender an accessory to the original crime; but this construction has not prevailed in modern times. 4 Bla. Com. 134. The offence is consummated by a person receiving a note from a party charged with larceny as a consideration for not prosecuting the suit. Com. v. Pease, 16 Mass. 91. It is also a misdemeanor to receive money for compounding a prosecution for misdemeanor, or a criminal information, without leave of the court in which the proceeding is depending (Collins v. Blantern, 2 Wils. 341, 349; Edgecomb v. Ross, 5 East, 298, 302); but that permission is sometimes granted in cases of personal injury. See remarks of Gibson, C. J., in Brittain v. Doylestown Bank, 5 W. & S. 99. The compounding penal actions without leave of the court, was made punishable by the statute 18 Eliz. c. 5, ss. 3 and 4 (see R. v. Stone, 4 C. & P. 379; R. v. Crisp, 1 B. & Al. 282; R. v. Gotley, R. & R. 84; R. v. Best, 9 C. & P. 368), with the forfeiture of £10, half to the party grieved and half to the crown, with exposure in the pillory (now abolished). But 18 Eliz. c. 5, does not apply to informations for offences cognizable only before magistrates; and, therefore, an indictment for compounding such an offence was holden bad in arrest of judgment. R. v. Crisp, 1 B. & Al. 282. As to indictment, see People v. Buckland, 13 Wend. 592; State v. Williams, 2 Harring. 532; State v. Dandy, 1 Brev. 395. See generally as to compromise of misdemeanors, 6 Penna. L. J. 359. (b) The record of conviction is prima facie evidence of defendant's guilt as against compounder. State v. Williams, 2 Harring. 532. the said A. B. to escape with impunity, afterwards, to wit, on, etc., at, etc., unlawfully and unjustly, and for the sake of wicked lucre, did compound the said felony with the said A. B., and did then and there exact, receive, and have of the said A. B., five pounds in moneys numbered for and as a reward for compounding for the said felony, and for desisting from all prosecution of the said A. B. for the felony aforesaid, and that the said C D., on, etc., at, etc., did thereupon desist, and from that time hitherto hath desisted, from all prosecution of the said A. B. for the felony aforesaid, to the great hinderance of public justice, and against, etc.(c) (Conclude as in book 1, chapter 3.) (896) Compounding misdemeanor. (Stat. 18 Eliz.) First count.(d) That the defendant, disregarding the statute (18 Eliz. c. 5, s. 4), upon color and pretence that one W. P. had committed (c) See 4 Went. 327. (d) R. v. Best, 9 C. & P. 368. The second count was like the first, except that it stated the selling of the spirits to be in a certain house in the occupation of William Peverill, he not having a retailing license. In this case A. threatened B. that he would inform against him for selling spirits without a license, unless B. would give him a sum of money. B. had not in fact sold any spirits, but he gave A. the money to prevent an information; and it was held that A. was indictable under the stat. 18 Eliz. c. 5, s. 4, although B. had not committed any offence, and although no information was ever preferred nor any process sued out. By stat. 18 Eliz. c. 5, s. 4, it is enacted "that if any person or persons (except the clerks of the court only for making out process otherwise than is above appointed) shall offend in suing out of process, making of composition, or other misdemeanor contrary to the true intent and meaning of this statute, or shall by color or pretence of process, or without process upon color or pretence of any matter of offence against any penal law, make any composition, or take any money, reward, or promise of reward, for himself, or to the use of any other, without order or consent of some of her majesty's courts at Westminster, that then he or they so offending, being thereof lawfully convicted, shall stand on the pillory, be disabled to sue in any action popular or penal, and forfeit £10; and justices of oyer and terminer, justices of assize on their circuits, and the quarter sessions, are empowered to hear and determine offences against this act." By the stat. 56 Geo. III. c. 138, the punishment of the pillory was abolished as to this offence, and fine and imprisonment substituted for it. Two other cases appear under this statute in the English books. In one, R. v. Southerton, 6 East, 126, it was held that a threatening to put in motion a prosecution for penalties for the purpose of obtaining money to stay the prosecution, is not an indictable offence at common law, although it be alleged that the money was obtained; but Lord Ellenborough intimates an opinion that the charge might have been supported if the indictment had been framed on the stat. 18 Eliz. C. 5. In the other, R. v. Gotley, R. & R. C. C. 84, the prisoner was convicted of having compounded an offence against the highway act. Some of the counts a certain offence against a certain penal law, in this, that the said W. P. had, before that time, sold by retail and delivered a quantity, less than two gallons, of certain spirits and distilled spirituous liquors, to wit, one quartern of gin to one E. H., without being duly licensed, against the form of the statute, etc., unlawfully, and for wicked gain's sake, and without the order and consent of the queen's courts at Westminster, did make composition with the said W. P., and take from him three sovereigns, three half-sovereigns, and ten shillings, twelve pennies, and twenty-four half-pennies, as a reward for forbearing to prosecute for the said supposed offence against the statute, and against, etc. (Conclude as in book 1, chapter 3.) stated that the party from whom the money was taken had committed the offence; and the other stated that the prisoner compounded, and took money by and upon color and pretence of a certain matter of offence pretended to have been committed. It was proved that the person from whom the prisoner took the money had incurred a penalty of five pounds under the highway act, and that the prisoner had received money from him to compound it, but that no process had been sued out, and no information laid before any magistrate. Le Blanc, J., respited the judgment upon a doubt whether the offence was within the stat. 18 Eliz. c. 5, inasmuch as no action or proceeding was depending, in which the order or consent of any court in Westminster Hall for a composition could be obtained; but the judges held the conviction right; and that the statute 18 Eliz. c. 5, applies to all cases of taking a penalty incurred, or pretended to be incurred, without leave of a court at Westminster, or judgment or conviction. 444 CHAPTER VI. MISCONDUCT IN OFFICE; INCLUDING EXTORTION, NEGLECT OF DUTY, ESCAPE, AND CRUELTY TO SEAMEN, CHILDREN, AND PAUPERS. (a) (897) Against a magistrate, for committing in a case where he had no jurisdiction. (898) Against a magistrate, for neglect of duty at a riot. First count, for neglecting to read the riot act. (899) Against a justice of the peace, for proceeding to the duties of his office in a state of intoxication. (900) Against a justice of the peace, for issuing a warrant without oath, using falsely the name of a third party as prosecutor. (901) Against a justice of the peace in Pennsylvania, for refusal to deliver transcript to party demanding it. (902) Against a justice of the peace in Massachusetts, for extortion gene rally. (903) Against a justice of the peace, for extorting fees for discharging a recognizance, and for not returning the same to the court for which it was taken. (904) Against a constable, for extorting money of a person apprehended by him upon a warrant, to let him go at large. (905) Against a constable, for neglecting to execute a warrant in a civil case. (906) Against a constable, for neglecting to execute a justice's warrant for the apprehension of a person. (907) Against a constable, for extorting and obtaining money under color of discharging a bench warrant. (908) Against constables, for neglecting to attend the sessions. (909) Against a high constable, for not obeying an order of sessions. TOLL COLLECTORS. (910) Against a toll collector, for extorting toll from a person who had compounded. INNKEEPERS. (911) Against an innkeeper, for not receiving a guest, he having room in his inn at the time. (912) Against an innkeeper refusing to entertain foot travellers. (a) See Wh. Cr. L. 8th ed. §§ 1563 et seq. ATTORNEY. (913) Against an attorney, for buying a note, on New York Stat. sess. 41, ch. 259, etc. MASTERS FOR MISCONDUCT OF SERVANT. (914) Against a master for neglecting to provide an apprentice of tender years with sufficient food, clothing, bedding, and other necessaries. (915) Against a mistress, for not providing sufficient food for a servant, keeping her without proper warmth, etc. OVERSEERS FOR CRUELTY. (916) Against overseers, for cruelty to a pauper. JUROR FOR NON-SERVING. (917) Against a juror, for not appearing when summoned on a coroner's inquest. REFUSING TO SERVE IN OFFICES. (918) For refusing to serve the office of overseer of the poor. (919) For refusing to execute the office of constable. (920) For refusing to take the office of chief constable, being duly elected at the quarter sessions. JAILOR, ETC., FOR ESCAPE. (921) Against a jailor, for a voluntary escape. (922) Same, where the party escaping was committed by a judge as a fugitive from justice. (923) Against a constable, for a negligent escape. PRISONER, FOR ESCAPE. (924) Against a prisoner, for escape out of custody of constable. OFFICERS OF VESSELS. (925) Inflicting cruel and unusual punishment on one of the crew of a vessel, etc. (926) Against same for same, the punishment being beating and wounding, etc. (927) Second count. Specifying the punishment more minutely. (928) Confining a boy in run of a ship, etc. (929) Second count. Refusing suitable food. (930) Another form, withholding suitable food, etc. (931) Forcing, etc., a seaman ashore in a foreign port. |