The confederacy ought to be declared by some manner of prosecution in order to be made out-as by promises to stand by one another right or wrong, or by bonds for that purpose, or the like circumstances sufficiently indicating the same. One person alone cannot be indicted for a conspiracy. all the defendants are acquitted but one, that one must be acquitted too.

See Arrest, Commitment, Bail, Slaves.

If

CONSTABLE.

A constable by the common law is a conservator of the peace He may in the name of the state, command affrayers to depart and to keep the peace. He may without a warrant commit to the stocks, &c. any that make any affray, or assault others, or threaten to beat or kill another, or are about to break the peace in his presence, till he can get assistance to carry the offender before a justice of the peace to be committed to prison if he will not find sureties. If the affray is over, he must have a warrant to carry the offender before a justice of the peace. If the affray is in a house, the constable may break into the house to see the peace kept. If such offenders fly into another county, he may make fresh pursuit and take them there. If an assault is made upon him, he may defend himself and justify the beating of another. If he happen to be killed in doing his duty, it is murder. He may command all persons to assist him to prevent a breach of the peace; and if any one refuses, he may be bound over to the county court and fined. He must execute warrants directed to him with speed and secrecy, and not dispute the authority if the justice of the peace has jurisdiction. But if the warrant be, to bring one before the justice to answer all such matters as shall be objected against him, and doth not contain the special matter, the warrant is unlawful and he ought not to execute it. Or if the warrant be to take up one for slander, or other cause, not within the jurisdiction, the constable is punishable if he executes it. He need not show his warrant being a sworn officer. If he lets one go, upon his promise to return, and he fail of his promise at the appointed time, the constable cannot retake him by virtue of the same warrant, because he was released by his consent. He is not bound to go up and down with an offender to get sureties, but he may keep him till sureties come to him, and

then the offender is at liberty to go to any justice of the peace, provided it is not too far off, and the constable consents to it. The constable may carry the offender before what justice he pleases, if the warrant is not spel, that is to say, to bring the party before the justice that signed the warrant. If a constable has a warrant to execute, and afterwards a supersedeas, that is, a command to stav or stop, comes from another justice, to whom the party, hearing of the warrant offered sureties before an arrest, the constable must not then execute it; if he does, it is false imprisonment. He may justify the detaining an offender a day, by verbal order of a justice without a warrant, the justice then not having opportunity to examine him. He may make a deputy. These are his powers at the common law. He hath also some others directed by statute or act of assembly, which will be noticed under their respective heads.

Constables are appointed yearly by the county court, at the tourt next after the first day of January, for the then next ensuing year and take an oath, which see under title Oaths. The person appointed, forfeits fifty shillings by neglecting or refusing to qualify within ten days after appointment unless for good cause to be admitted by the justices; any one of whom may grant his warrant for the penalty; but notice of the appointment, signed by the clerk, must be served by the sheriff or preceding constable. Any one justice may administer the oath; and may appoint another constable on the death or removal out of the district of the former, till the next county court, and then the justices of the court shall continue him or appoint a new one. He is fineable at the discretion of the court, for not executing any precept to him directed. Any one may be appointed constable by a justice of the peace on a particular occasion; who shall be obliged to execute the precept if he can, in the absence or for want of a constable, He is exempted from working on roads; and is to pass all ferries when charged with runaways, together with his assistants, without paying ferriage. He shall give bond, payable to the governor in 500l. for the faithful discharge of his office. He may execute process upon any bay, river, or creek adjoining to his county, and make return thereof. When he has received money by virtue of his office, he shall, upon motion in the county court, grounded upon a previous notice of ten days, as also his sureties, have judgment and execution against him for the same and he is liable to the same proceedings, though the time of his appointment is expired.

For remedy against a constable, to the amount of thirty pounds, before a justice see Clerk of the County Court.

In case of judgment and execution by a justice, against the executors or administrators of a deceased, and they deny there are assets to pay the same, he shall levy on the lands, and make return thereof to the next county court, who shall issue scire facias against the heir, &c.

No commissioned officers, civil or military, nor members of assembly, nor any who has served in such station, nor any who has served as constable five years before, attorney, surg geon, or preacher of the gospel, are bound to serve.

See further, under Arrests.

CONVICTION.

Where a special power is given to a justice of the peace, by statute or act of assembly, to convict an offender in a summary way, without a trial by jury, it must appear that he hath strictly pursued that power, otherwise the proceeding will be void. There must be an information or charge--he must be summoned and have notice of the charge, and an opportunity to make his defence; and the evidence against him must be such as the common law approves of, unless the statute or act specially direct otherwise. Then, if the person is found guilty, there must be a conviction, judgment, and execution directed and influenced by the special authority given by the statute or act; and in the conclusion, there must be a record of the whole, setting forth the particular manner and circumstances. Where penalties are to be recovered by action of debt, or by warrant as for a debt, before justices, there needs not the same formality.

CORN,

At common law, the stealing of corn growing is a trespass; for which the party may be indicted as for a misdemeanor, and find and imprisoned."

If he cut it at one time, and then come again at another and take it away, it is felony.

But by act of 1811, c. 13, the stealing or feloniously taking and carrying away any growing, standing, or ungathered corn or maize, cotton, or rice, shall hereafter be held and deemed larceny. And every person who shall hereafter steal or felonie

ously take, pluck, sever, and carry away any corn, maize, cotton, or rice growing, standing, or remaining ungathered in any plantation, field, or other ground, shall suffer punishment as in other cases of larceny.

See Arrest.

CORONER.

The 38th section of the constitution directs that there shall be a sheriff, coroner or coroners, and constables in each county in the state.

The county court, in each county, shall appoint two or more coroners within their county, where they think more than one necessary.

He shall execute all process civil and criminal, lawfully issuing, or judgments, orders, or sentences of any court within his county, where there is no sheriff; and be under the same rules and regulations, and subject to the same fines and forfeitures as sheriffs are by law, for neglect or disobedience of the duties aforesaid.

The coroner or coroners of any county, where there is no sheriff properly qualified to act, may hold the election for members of assembly; and shall give lists of the votes, and the number of ticket ballots, signed by him as sheriff; and shall do it under the same penalties.

He is chosen for life; but may be removed by being made sheriff; which is incompatible with the other.

His office and power are either judicial or ministerial; but principally judicial; and consists

First, in enquiring when any person is slain, or dies suddenly, or in prison, concerning the manner of his death; and this must be upon view of the body; for if the body be not found, the coroner cannot sit. He must sit at the very place where the death happened; and his inquiry is made by a jury from the county, over whom he is to preside. If any be found guilty by the inquest, of murder, he is to commit to prison for further trial:-and is to enquire concerning those goods and chattels which are forfeited thereby; and must certify the whole of this inquisition to the superior court, or the court of oyer and terminer, if any be held. He is also to enquire concerning shipwrecks, and certify whether wreck or not, and who is in possession of the goods. Concerning treasure found, he is also to enquire who were the finders, and where it is; and whether any one be suspected of

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baving found and concealed a treasure, and that may be perceived when one liveth riotously, haunting taverns, and hath done so of long time; whereupon he might be attached and held to bail upon this suspicion only.

Where just exception can be taken to the sheriff for suspicion of partiality (as that he is interested in the suit, or of kindred to either plaintiff or defendant) the process there must be awarded to the coroner, instead of the sheriff, for the execution of the state's writs.

When notice is given to the coroner of any such death as aforesaid, or he is acquainted with the suspicion at least of a violent death, he is to issue his precept to the constable or constables of the county, to return a competent number of lawful men, usually twenty-four, to appear before him at such a place, on such a day, to make an inquisition touching that matter. If the constable makes no return, or the jurors do not appear, though returned, their defaults are to be returned to the coroner, and the superior court will amerce them.

The jurors are to be at the least twelve, and the jury appearing, are to be sworn and charged by the coroner, to enquire, upon view of the body, how the party came by his death. If the body be interred before he come, he may dig it up; and this he may do lawfully within any convenient time, as in fourteen days: and he must record the names of those that buried it. If the body cannot be viewed, he can do nothing;-but the justices of the peace shall enquire thereof.

The jury being sworn, he is to charge them to enquire the manner of the killing, whether by himself or any other, or by some mischance; and to present the same. And he may send his warrant for witnesses to appear, taking their examination in writing under their hands.

Immediately upon these things being enquired, the body shall be buried.

He ought also to enquire with respect to those who die in prison, whether they died by violence or any unreasonable hardships; for if a prisoner by duress of the jailor, comes to an untimely death, it is murder in the jailor.

If by the inquest any person be found guilty of murder or manslaughter, or as accessory before the fact, he must put in writing the effect of the evidence given to the jury before him, being material, and shall bind over the witnesses to the next superior court; and shall certify the evidence, the recogni