A master may accompany his domestic chaplain to retain Counsel, or to engage Counsel, and Is not within 21 Hen. 8. c. 7. for punishing sermay stand by him at his trial without being vants who steal the goods delivered to them by their masters. guilty of maintenance, &c. CHEATS. 459. s. 31 318. s. 2 Cheating consists in defrauding or endeavouring ib. s. 6 156. s. 6 By 15 Geo. 2. c. 13. if any of the servants of the Bank shall embezzle certain choses in action with which they are intrusted, they shall be guilty, without clergy. 160 By 52 Geo. 3. c. 25. the same is inflicted on servants of the Post-office. 164 The punishment of those who shall deny the CHRISTMAS-DAY. 363 320. s. 5 An instance of an offender being fined under the act: sed vide Coke's opinion (3 Inst. 123.) that By 13 Geo. 3. c. 80. to kill game, &c. on Christit cannot be done. By 52 Geo. 3. c. 64. whoever shall by false pretences obtain the property of another with intent to cheat and defraud any person, he shall be publicly whipped, or fined and imprisoned, mas-day, incurs fine, &c. CHURCH. or transported, as the Court shall think fit. The punishment of twelve-pence for being ab321 sent from church one Sunday or other holiday. 321, 322 Cases on these statutes. 272 373 By 16 Car. 2. whoever shall win any sum or valu- The forfeiture of twenty pounds for being absent able thing by any fraud or ill practice, shall a month. forfeit treble value, &c. &c. 323 The forfeiture of twenty pounds for every month's absence after conviction. In what manner such offender may be prosecuted | And uttering false money is neither treason nor for land or goods. misprision thereof within this act. What disabilities and other inconveniences of And only gold and silver coined within the ib. realm, by the king's authority, is "the king's fenders of this kind are liable to. 381 By what means offenders may be discharged from forfeitures. Of the offence of suffering absence from church. CHURCHWARDENS. money. 20. s. 56 ib. s. 57 382 But by 1 Mar. c. 6. to counterfeit the gold or silver coin, not of the realm, made current by consent of the crown, or to aid or abet therein, 21. s. 59 is high treason. 384 They may levy the forfeiture of twelve-pence for 376 not coming to church. They are excepted out of the test act of 25 Car. 2. c. 2. s. 17. 369 They may whip boys for playing in the church, CLERGYMEN. By 1 Eliz. c. 2. clergymen refusing to use the common prayer, or speaking in derogation of it, forfeit a year's profit, and suffer six months imprisonment for the first offence, and depri 366. s. 2 vation for the second. How they may be described in a certificate on 5 56. s. 33 Eliz. c. 1. for refusing the oaths. Are sufficiently shewn, in an indictment, to be in holy orders by the word clericus. 366. s. 3 CLIPPING. See COIN. Clippers of the coin are not within the statute of By 5 Eliz. c. 11. clipping, &c. any of the monies CLOTHES. ib. And by 14 Eliz. c. 3. to counterfeit gold or silver By 5 Eliz. c. 11. clipping, washing, rounding, or By 8 & 9 Will. 3. c. 26. whoever, except the 23 ib. Maliciously to destroy the garments of another The words "pattern or mould" are omitted in the above clause; but it has been determined, 20. s. 54 It is also determined, that if the stamp of the Those who coin the king's money without autho- 23 24 By a lower rate or value than it imports to be of, or was counterfeited for, is felony. 44 By 7 Ann. c. 25. prosecutions upon the above| statute, for making, &c. the tools or instruments therein prohibited, or for milling the edges of By 13 Eliz. c. 2. those who forge foreign coin money, shall be commenced within six months. not current here, their aiders, &c. are guilty of misprision of treason. 61. s. 7 23 By 8 & 9 Will. 3. c. 26. s. 2. to convey or assist in conveying any coining tools out of the mint, is high treason. COMMON-COUNCIL-MAN. 24 Is within the corporation act of 13 Car. 2. 25 Or to mark the edges of any of the current dimi- COMMON-LAW COURTS. 367. s. 1 Have no cognizance of mere heresy; but if the consequences of it become injurious to the public peace, the offender may be indicted. 354 They may incidentally take cognizance of heresy, in judging of offences ordained by statute. ib. s. 7 ib. On a quare impedit, if the cause be heresy, the bishop must specify it particularly, that the temporal court may direct the jury accordingly. But a person aggrieved for heresy in a spiritual court, cannot move for a prohibition. 355. s. 9 To draw any out of the realm, in plea, which belongs to the common law courts, or to sue in other courts to defeat the judgment given there, incurs pramunire. 53. s. 14, 15 26 So also to file, alter, wash, or colour any halfpenny or farthing with intent to make them respectively resemble either a shilling or a sixpence, is high treason. ib. Counsellors, aiders, abettors and procurers are within this statute. COMMON-PRAYER. ib. 365 The first establishment of it. ib. By 1 Eliz. c. 2. ministers neglecting to use it, or speaking in derogation of it, forfeit one year's profit, and suffer six months imprisonment for the first offence, and deprivation for the second. 366. s. 2 ib. By 1 & 2 Ph. & Mary, c. 11. to bring into the Clergymen without a cure are within this act. ib. s. 3 By ancient statute, a suspected person may be How the indictment must allege the offence. arrested for having false money. ib. s. 88 And quare, if the money need to be merchandised with, or paid away. The standard of coin is 2 car. copper to 22 car. of gold, 18 dwts. copper to 11 oz. 2. dwts. of silver. actually This statute does not restrain the spiritual court from proceeding against offenders, as disturbers of the unity and peace of the church, &c. 27 43 The standard can only be altered by parliament. ib. By 15 Geo. 2. c. 28. knowingly to utter any false or counterfeit money incurs, for the first offence, six months imprisonment and surety for six months more. For the second offence, two years imprisonment and surety for two years. The third offence is death. 44 To tender in payment any such money twice within ten days, or to have one or more pieces thereof in custody, besides what is tendered, is, for the first offence, two years imprisonment and two years security. The second offence is death without clergy. ib. s. 5 Also by 1 Eliz. c. 2. to detract the said book in plays, songs, &c. or to procure a minister to alter the form, or to let any other minister say a different form of prayer, is a forfeiture of 100 marks, or six months imprisonment for the first offence, 400 marks, or twelve months imprisonment, for the second if not paid in six weeks, and for the third, loss of goods and imib. s. 9 prisonment for life. Quare whether the imprisonment shall ensue if the offender die without paying the penalty within six weeks. 367. s. 7 In murder within a year and a day, the whole Judges of record also are freed from all prosecuday on which the hurt was done, shall be tion for any thing done by them as judges. 447. reckoned first. 93 An assurance for payment of money with interest, shall be computed by calendar months, for otherwise it would be usury. 620. s. 54 CONCEALMENT. s. 6 Conspiracy, upon the statute, must be both false the statute. ib. s. 8 Therefore husband and wife cannot be indicted alone, for they are but one; and the acquittal of all but one is an acquittal of all. Concealment, or procuring the concealment of One person cannot be guilty of conspiracy upon felony, whether by common law or by statute, is misprision. 73. s. 2 By 3 Edw. 1. c. 9. sheriff, coroner, or bailiff, &c. who shall conceal, consent, or procure to conceal the felonies done in their liberties, shall be fined and imprisoned at the king's pleasure. ib. s. 3 367 449 But an action on the case, in the nature of a writ of conspiracy, may be brought against one only. ib. And if brought against several, and all but one be acquitted, yet judgment may be given against him. sonment. ib. A conspirator convicted at the suit of the party, shall pay damages, and have fine and impriib. s. 9 When at the suit of the king, the villanous judgment was formerly given. Conspiracy with oaths of secrecy, &c. CONSTABLE. ib. 449 The offence in accepting or holding an office without due conformity to the church. Non-conformity in officers consists in not receiv- Constables are not within the test act, 25 Car. ing the sacrament, and in attending other wor ship than the church. The offence of teaching school without conformity How far a person who has only a contingent in to the church. For non-conformity of papists, &c. vide CHURCH, DISSENTERS. terest, may maintain another in a suit on the subject of which the contingency is to operate. CONVENTICLES. 457. ib. 444 By 1 Mary, s. 2. c. 3. certain disturbers of licensed conventicles are directed to be punished in a summary way. 493. s. 30 A definition of conspiracy. Barely to conspire to indict another maliciously, whether any thing be done in prosecution of such intent, or not, is conspiracy. ib. s. 2 In an action for a malicious prosecution, the plaintiff must shew that the original suit is at an end. 446. notis It is always implied by law, that there must be It is safest to form an indictment at common law, a conviction before punishment. 373 for a malicious accusation. CONVICTION. ib. A conviction is of no effect unless judgment be given thereon. And for this offence a man may be not only 374 sentenced to THE PILLORY, but branded. ib. A party has no remedy against an insufficient conviction but to move it into the superior court, and quash it. 377. s. 23 At common law, all confederacies, wrongfully to prejudice a third person, are criminal. The insufficiency of the indictment, want of jurisdiction in the court, or the improbability of injuring the defendant, is no justification in conspiracy for a malicious prosecution. 446. s. 3 Nor is it any plea, that the party only intended An additional punishment for a second offence to give evidence in the regular and legal course can never be inflicted, unless there has been of justice. a previous conviction for the first offence. 72. s. 7 But no juror is liable to any prosecution, in re 447. s. 4 spect to any verdict given by him, either upon Convict insane, how to be dealt with. a grand or petit jury. 380. s. 39 2 (N) CON Not liable to be seized for recusancy. 375. s. 18 To charge the king with a breach of his corona- See DEODAND, INQUISITION. There can be no forfeiture as a deodand, nor can any thing be seized as such, till it be found by the coroner's inquest to have caused a man's death. 76. s. 8 But after the coroner has made his inquisition, which ought to find the value, the sheriff is answerable for it, and may levy for it on the town where it fell. ib. If the coroner neglect to make an inquest, it cannot be taken by the grand jury. ib. (N) When taken by the coroner, it may be moved and traversed. Murders done out of the realm may be tried, by special commission, in any county. 93. s. 11 By 27 Hen. 8. c. 4. and 28 Hen. 8. c. 15. a murder done at sea may be tried in any county. ib. s. 12 By 2 Geo. 2. c. 21. principals and accessaries to a murder, where the stroke, &c. is at sea, and the death on land, or è converso, may be tried in the county where either the death or stroke shall be. 94 By 2 & 3 Edw. 6. c. 24. a wound in one county, and the death in another, shall be tried in the county where the death shall happen. 94. s. 13 ib. By 26 Hen. 8. c. 6. a murder in Wales may be tried in the next adjoining English county. 94. The personal estate of a felo de se is not vested in the king until the coroner has taken his inquest. s. 14 78. s. 9 But appeals must be brought in the proper Such inquisitions ought to be by the coroner super visum corporis, if the body can be found. 79. s. 11 And it is said this kind of inquisition cannot be traversed. ib. The coroner has only authority super visum corporis, and if the body cannot be found, the inquisition may be taken by the king's bench, or by a justice of the peace. And their inquisition may be traversed. ib. The manner in which their inquisitions ought to find the fact. ib. s. 13, 14 If they be full in substance, the coroner may be served with a rule to amend defect of form. ib. CORPORATION. Must repair their own bridges. 79. s. 12 s. 15. 708 county. (Sed vide 2 Geo. 2. c. 21.) ib. Larceny in one county, and the goods carried into another county, the offender may be indicted in either. 151 But in a robbery at sea, the pirate cannot be indicted in the county to which he carries the goods taken. ib. By 13 Geo. 3. c. 31. larceny in Scotland may be COVERTURE. 349. s. 8 Aggregate, may be bound to repair bridges, It also protects her from being an accessary in either by special tenure or prescription. 706. s. 2 May be compelled to repair highways by force of a general prescription. CORN. 699. s. 8 felony by receiving her guilty husband. 4. s. 10 But coverture will not protect a wife for a theft committed of her own voluntary act, &c. 4. s. 11 Nor for receiving stolen goods without her husband's privity. 4. (N) 7. Punishment for selling corn otherwise than by And in general, coverture is no protection for the Winchester bushel. any offence not capital, against the common law or statute. CORRUPTION OF BLOOD 651 5. s. 13 Abolished except in high treason, petit treason, A wife cannot commit larceny of the goods of and murder. her husband, by reason of the coverture. 147, CRIMES. COSTS. 73 By 5 Eliz. c. 14. the defendant convicted of What person may be guilty of them. forgery shall pay double costs. COTTONS. 299 1 CUCKING STOOL. Punishment for destroying cotton looms. 337 punishment for a common scold. By 51 Geo. 3. c. 41. to steal cottons from CURSING. 695 bleaching or printing grounds, liable to be The offence of profane cursing and swearing. transported for life or less punishment. 206 363, 364 CUTTING |