245. tort money. One count averred that defendants, in pursuance of a conspiracy to extort money from the prosecutor, falsely exhibited certain indictments against him; another count averred that defendants, in pursuance of the like conspiracy, offered to suppress an indictment pending against the prosecutor if he would give them money for so doing. The jury found the defendants guilty, generally, but found, specially, that the indictments, preferred by them against the prosecutor, were not false:Held, that the averment in the former count was immaterial, and that the latter count would support the conviction. Rex v. Hollingbury, 6 G. 4. 2. A conspiracy to extort money is per se an offence at common law, and need not be charged to be attempted by unlawful means. 3. Indictment against A., B., C., and D., for a conspiracy, charging that they conspired together, with divers other persons unknown. A. and B. were tried. A. was found "not guilty," and B. was found "guilty of conspiring with C."-C. had pleaded before the trial of A. and B.; but neither he nor D. appeared to take their trials. On motion to arrest the judgment against B., or to suspend it until C. should be tried: Held, that the verdict was conclusive against B., as a general verdict of guilty; and that judgment might be given against him, without reference to what the verdict might be on the trial of C. Rex v. Cooke 6 and 7 G. 4. 510. CONSTABLE. 1. A constable arresting a man on suspicion of felony, is bound to take him before a magistrate as soon as he reasonably can. Wright v. Court, 6 G. 4. Page 299 2. A constable has no right to detain a prisoner three days without taking him before a magistrate, in order that the evidence may be collected in support of a felony with which he is charged. Id. ib. 3. A constable has no right to handcuff a prisoner, except he has attempted to escape, or except it is necessary in order to prevent his escaping. Id. ib. 4. The 6 G. 4, c. 18, s. 6, merely puts warrants, addressed to peace officers, in their official character, on the same footing on which warrants ad- 5. dressed to them by name stood previously, and therefore does not oblige, but only authorizes officers to execute the former. Gimbert v. Coyney, 6 G. 4. 323 5. Actual residence in the parish is essential to impose upon the occupier of property the burden of serving the office of constable. Rex v. Adlard, 6 G. 4. CONVICTION. 416 See COMMITMENT, WARRANT, 1, 2. 2. Information on 48 G. 3, c. 143, VOL. III. 38 that any offence has been committed, is bad; and although it has not been quashed, its invalidity may be taken advantage of, on the trial of an action of trespass for a distress taken under a warrant grounded on it. Gimbert v. Coyney, 6 G. 4. Rex v. Page 323 4. Conviction on the 4 G. 4, c. 34, of an apprentice for misbehaviour, must shew on the face of it, that the defendant is an apprentice within the 4 G. 4, c. 29, which extends previous acts to apprentices, upon whose binding out no larger sum than 251. has been paid. Taylor, 6 and 7 G. 4. 491 An alternative charge in a conviction is bad. Conviction on 6 G. 4, c. 108, s. 49, for being on board a boat liable to forfeiture, by s. 3, for having casks attached thereto, "of the description used, or intended to be used, for the smuggling of spirits;" quashed for uncertainty. Rex v. Pain, 6 and 7 G. 4. 517 COMMITMENT. If a warrant of commitment in execution manifestly defective on the face of it, shews that there has been a conviction, the Court will not notice the defect, until the conviction is returned into Court. Taylor, 6 and 7 G. 4. COUNTY RATE. See MANDAMUS, 2, 3. CORPORATION. Rex v. 491 See QUO WARRANTO. Where, by custom or charter, a particular day is fixed for the election of the burgesses of a corporation, it is the duty of the burgesses to take notice that the election will take place on such particular day, and attend to exercise their elective franchises if they be so minded; but where no specific day is fixed by custom or charter, and the business of electing burgesses as well CUSTOMS. See HABEAS CORPUS AND CONVIC- ELECTION. as other business may be done on See VESTRY, 1, 2, 3.-CORPORATION. many days in the notice must year, be given to the resident burgesses, of a corporate meeting for such pur EMANCIPATION. pose, and in such reasonable time See SETTLEMENT BY HIRING AND See as to give them all an opportunity of attending and voting at the election; notice therefore by ringing a bell, fixed at the top of the Guildhall of a corporation, the liberties of which extend three miles, and in which there is an indefinite num-1. ber of burgesses, is not a sufficient notice of a corporate meeting for the election of burgesses, nor can either a custom or a bye-law render such a notice binding, unless it appears that all the burgesses have attended for the purpose of electing burgesses. Rex v. Hill, 6 G. 4. Page 219 SERVICE, 3, 4. EVIDENCE. NEW TRIAL. INCLOSURE. Secondary evidence of the contents of an indenture of apprenticeship thirty-seven years old, and supposed to be lost, admissible, if reasonable diligence has been used to obtain the primary evidence. What is reasonable diligence in making search after an old indenture which is functus officio? Rex v. East Farleigh, 6 G. 4. Page 71 FISHERY.. See WARRANT, 2. FRANCHISE. See JURISDICTION. FRIENDLY SOCIETIES. 3, c. 78, ss. 6 and 63, does not authorize the surveyor to widen a road to thirty feet, by removing a fence, unless the fence, supposed to be an encroachment, is actually upon the highway. Lowen v. Kaye, 6 G. 4. Page 170 2. Two justices, by an order at special sessions, directed a footway to be diverted, under the authority of 55 G. 3, c. 68, s. 2, against which a party aggrieved gave notice of appeal, under s. 3, to the next quarter sessions. In the interval the justices gave notice to the apellant that they had abandoned the order, which had never been filed with the clerk of the peace pursuant to the statute :-Held, that the sessions had no jurisdiction to award the appellant his costs of preparing to try the appeal, either under the appeal clause of the 55 G. 3, or under s. 80, of 13 G. 3, c. 78. Rex v. Wing, 6 G. 4. The 33 G. 3, c. 54, s. 15, which bound to obey it. Rex v. Soper, 6 G. 4. 1. The General Highway Act, 13 G. 170 Section 80, of the General Highway Act, 13 G. 3, c. 78, which takes away the certiorari does not extend to cases where the justices at sessions act wholly without jurisdiction. Therefore, where the justices at petty sessions made an order for the allowance of the accounts of a surveyor of highways, which accounts had not previously been verified before one justice, pursuant to the requisites of section 48 of the act:-Held, that they acted wholly without jurisdiction; that their order was not a proceeding had pursuant to the act; and, consequently, that certiorari lay to remove it into this court, for the purpose of having it quashed. Rex v. Justices of Somersetshire, 6 G. |