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or subtlety; or where one stirs up quarrels and suits in the country, in relation to matters wherein he is no way concerned: and this kind of maintenance is punishable by fine and imprisonment. 2, curialis, or in a court of justice, where one officiously intermeddles in a suit depending in any such court, which no way belongs to him, by assisting either party with money or otherwise in the prosecution or defence of any such suit; and this is also punishable by the common law by fine and imprisonment, to which the statute 32 Hen. 8, c. 9 has added a forfeiture of ten pounds.

Champerty.]-Champerty is a species of maintenance, and punished in the same manner, being a bargain with a plaintiff or defendant campum partire, to divide the land or other matter sued for between them, if they prevail at law; whereupon the champertor is to carry on the party's suit at his own expence.

Compounding informations.]-By 18 Eliz. c. 5 (as affected by 56 Geo. 3, c. 138), if any person, informing under pretence of any penal law, makes any composition without leave of the court, or takes any money or promise from the defendant to excuse him, he shall forfeit ten pounds, and suffer such imprisonment or additional fine as shall be fixed, and be for ever disabled to sue on any popular or penal

statute.

Conspiracy.]-Conspiracy, taken generally, is a combination or agreement between several persons to carry into effect a purpose hurtful to some individual, or to particular classes, or to the public at large; strictly taken, it is an agreement betwixt two or more to indict an innocent man falsely and

maliciously, without any probable cause, who is accordingly indicted, and afterwards lawfully acquitted or discharged. The party grieved may in this case punish the offenders (for there must be two at least to form a conspiracy) by indictment.

Perjury.-Perjury is defined to be a crime committed by wilful false swearing in any judicial proceeding, in a matter material to the issue or point in question, on a lawful oath, or declaration in the nature of an oath, administered by some person of competent authority. Subornation of perjury is the offence of procuring another to take such false oath or declaration as constitutes perjury in the principal. The punishment for these offences is fine and imprisonment. By 5 Eliz. c. 9, whoever shall procure another to commit wilful and corrupt perjury shall forfeit forty pounds, or suffer one year's imprisonment. And by 2 Geo. 2, c. 25, the offender may be sent to some house of correction, or transported for seven years. To constitute perjury, the falsehood of the oath must be wilful, from a perverse mind and deliberate intention, and not happening through unavoidable haste, inadvertency, or weakness. The oath must be administered by some person having competent authority for that purpose for all extra-judicial oaths are illegal: and although a person may be foresworn, he cannot be perjured; and therefore it must also be in some judicial proceeding. It need not, however, be absolute; for a man may be perjured in swearing that he thinks or believes a fact to be true which he must know to be false; but the fact must be in some degree material, or no injury is done; and if it be material, it is of no consequence whether it be believed or not.

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Bribery.]-Bribery is where a judge or other person concerned in the administration of justice takes any undue reward to influence his behaviour in his office. There are various statutes against bribery at parliamentary and municipal elections, and of excise and custom-house officers, the officers of the court of chancery, and of the court of bankruptcy, &c.

Embracery.]-Embracery is an attempt to influence a jury corruptly to one side, by promises, persuasions, entreaties, money, entertainment, or the like; for which both parties may be fined and imprisoned.

Extortion.]-Extortion, in a large sense, signifies any oppression under colour of right; but in a strict sense, it is the taking of money by any officer, by colour of his office, either where none at all is due, or not so much is due, or where it is not yet due. It is punishable by fine and imprisonment, and sometimes a forfeiture of the office.

CHAP. XLII.

OFFENCES AGAINST THE PUBLIC PEACE.

[See 4 Black. Com. ch. 10; 4 Steph. Com. ch. 10.]

Riots, routs, and unlawful assemblies.]—A riot is a tumultuous disturbance of the peace, by three persons or more assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.-A rout is a disturbance of the peace, by persons assembling together with an intention to do a thing, which if it be executed will make them rioters, and actually making a motion towards the execution thereof.—An unlawful assembly is a disturbance of the peace, by persons barely assembling together with an intention to do a thing, which if it were executed would make them rioters, but neither actually executing it, nor making a motion towards the execution of it; and, indeed, any meeting whatsoever of great numbers of people, with such circumstances of terror as cannot but endanger the public peace, and raise fears and jealousies among the

DEMOLISHING BUILDINGS, ETC.

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king's subjects, seems to be an unlawful assembly. These offences are in general punished by fine and imprisonment, and hard labour may be superadded.

By 1 Geo. 1, c. 5 (called the Riot Act), if any twelve persons are unlawfully assembled, to the disturbance of the public peace, and any one justice of the peace, sheriff, under sheriff, or mayor of a town shall think proper to command them by proclamation to disperse, and they contemn his orders, and continue together for one hour afterwards, such contempt is felony, punishable by transportation for life, or not less than fifteen years, or imprisonment for three years (1 Vic. c. 91). By sect. 2, if the reading of the proclamation be by force opposed, or the reader be in any manner wilfully hindered from the reading it, such opposers and hinderers are felons, and liable to the same punishment.

Demolishing buildings.]—By 7 & 8 Geo. 4, c. 30, s. 8 (see 4 & 5 Vic. c. 56, s. 2, and 6 & 7 Vic. c. 70), if any persons, unlawfully and tumultuously assembled together, to the disturbance of the public peace, shall unlawfully, and with force, demolish, pull down, or destroy, or begin to demolish, pull down, or destroy, any church or chapel, or any house or other such buildings, or machinery as in the act mentioned, they shall be adjudged felons, and may be transported for life, or for not less than seven years, or imprisoned for three years.

By 7 & 8 Geo. 4, c. 31, ss. 2, 3, if any church, chapel, house, or other buildings or machinery, including (by 2 & 3 Will. 4, c. 72) threshing machines, and, by 10 Vict. c. 90, ships and cargoes, shall be feloniously demolished, wholly or in part by rioters, the hundred must make compensation, provided the owner, within seven days, goes before a magistrate, and states the circumstances, &c., and sues within

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