Disturbing a Congregation of Dissenters during Divine Service. Commencement, as ante, p. 18.] on the --- day of in the year of our Lord one thousand eight hundred and twentyeight, at in the said county, did willingly, and of purpose, maliciously and contemptuously come into a certain congregation of Protestant Dissenters, then and there assembled for the worship of Almighty God, in a certain meeting-house there situate, then and long before certified, registered, and recorded, according to the direction of the statute in that case made and provided, and did then and there wilfully, willingly, and of purpose, maliciously and contemptuously disquiet and disturb the said congregation, the doors of the said meeting-house, where the said congregation were so assembled, not being then locked, barred, or bolted. And you the said keeper" &c. as ante, p. 19, to the end. See stat. 52 Geo. 3, c. 155, s. 12.

10. Conspiracy.

Conspiracy to commit a Crime.

Commencement, as ante, p. 18.] on the day of, in the year of our Lord one thousand eight hundred and twentyeight, at, in the said county, did, amongst themselves, unlawfully conspire, combine, confederate, and agree together [feloniously to" &c. describing the offence generally.] "And you the said keeper" &c. as ante, p. 19, to the end. Misdemeanor at Common Law.

11. Principals and Accessaries.

Aiders and Abettors.

Principals in the second degree, that is to say, persons present aiding and abetting in the commission of any offence, may be described as having actually committed the offence; or, in felony, where the principals in the first and second degrees are committed at the same time, you may, after stating the offence of the principal in the first degree, describe that of the abettor thus: "And that the said E. F. feloniously was then and there present, aiding, abetting, and assisting the said A. B. to do and commit the said felony. And you the said keeper" &c. as ante, p. 19, to the end.

Commitment of an Accessary before the fact, together with the

Principal.

After describing the offence of the principal, state that of the accessary thus: "And that the said E. F., before the said [felo ny] was so committed as aforesaid, did [feloniously and] maliciously incite, move, procure, counsel, and command the said A. B. to do and commit the said [felony]. And you the said keeper " &c. as ante, p. 19, to the end.

Commitment of an Accessary before the fact, without the Principal. Commencement, as ante, p. 18.] for that one E. F.," [or some person unknown,] on the day of, in the year of our Lord one thousand eight hundred and twenty-eight, at, in the same county, did feloniously" &c. describing the offence, as in a commitment of the principal;" and that the said A. B., before the said felony was so committed, did feloniously and maliciously incite, move, procure, counsel and command the said [E. F.," or "person unknown] to do and commit the said felony. And you the said keeper" &c. as ante, p. 19, to the end.

Commitment of an Accessary after the fact, with the Principal. After describing the offence of the principal, state that of the accessary, thus: "And that the said E. F., well knowing the said A. B. to have committed the felony aforesaid, did afterwards feloniously receive, harbour, and maintain the said A. B. And you the said keeper" &c. as ante, p. 19, to the end.

66

Commitment of an Accessary after the fact, without the Principal. Commencement, as ante, p. 18.] for that one E. F.," or some person unknown,] on the day of ——, in the year of our Lord one thousand eight hundred and twenty-eight, at in the said county, did feloniously" &c. describing the offence, as in a commitment of the principal; "And that the said A. B. afterwards, well knowing the said A. B. to have committed the felony aforesaid, did feloniously receive, harbour, and maintain the said A. B. And you the said keeper" &c. as ante, p. 19, to the end.

Soliciting a Person to commit an Offence. Commencement, as ante, p. 18.] on the

day of in the year of our Lord one thousand eight hundred and twentyeight, at in the said county, falsely, wickedly, and unlawfully did solicit and incite one C. D., a servant of one E. F., to take, embezzle and steal a large quantity, to wit, one hundred pounds weight of cotton twist, of the goods and chattels of his master the said C. D. And you the said keeper" &c. as ante, p. 19, to the end.

1

BOOK II.

DUTIES OF JUSTICES OF PEACE, WITH RELATION TO OFFENCES PUNISHABLE UPON A SUMMARY

CONVICTION.

Ch. 1. The Information.

2. The Summons or Warrant.

3. The Proceedings at the Hearing.
4. The Conviction.

5. Warrant of Distress or Commitment.

CHAPTER I.

THE INFORMATION.

AN Information is the first proceeding against an offender punishable upon a summary conviction. In practice, however, where it is not expressly directed to be in writing by the statute creating the offence, it is never required to be drawn up in form, except in cases where the proceedings are at the suit of a common informer for a penalty; in which cases, whether the informer be entitled to the whole of the penalty, or to a moiety of it only, the magistrate always requires an information in writing, drawn up in regular form, to be lodged with him, before he will grant the prosecutor a summons against the offender. In all other cases,

the magistrate usually requires no more than a mere verbal statement of the case by the prosecutor, before the summons is granted, or a statement of it upon oath before he grants a warrant. We shall therefore confine our observations in the present chapter to informations at the suit of a common informer.

An information at the suit of a common informer must state the offence, with the same certainty and precision as an indict

ment.

It must state the name of the informer, in order that he may not afterwards be called as a witness.

It must state the time at which the information purports to be lodged, and the time when the offence was committed, in order that it may appear upon the face of the information that the prosecution has been commenced within the time limited for that purpose by law: but it is not essential that this time should be stated truly; if there afterwards appear to be a variance in this respect between the information and the evidence, it will be immaterial, if it appear from the evidence that the prosecution was actually commenced in due time.

It must state the place, namely the parish and county, &c. within which the offence was committed, in order to shew that it was committed within the jurisdiction of the justice before whom the information is preferred: See R. v. Hazel, 13 East, 139: but here also, although the information must state the county or other extent of the jurisdiction of the justice truly, it is not necessary that it should be correct as to the parish or other place where the offence is alleged to have been committed; unless indeed it be an information for an offence where the statute creating it gives a part of the penalty to the poor of the parish in which it is committed, in which case a material variance between the parish laid and that proved, would be fatal.

And lastly, it must state all the facts and circumstances which constitute the offence, according to the definition of it in the statute on which the information is framed; and it must state them with precision and certainty. If there be any exception in the same clause of the statute which creates the offence, the information must shew, negatively, that the defendant or the subject of the information does not come within the exception; See 1 T. R. 141, 15 East, 456; but if an exception or proviso be in a subsequent clause or statute, see 1 T. R. 320, or, although in the same section, yet if it be not incorporated with the enacting clause by any words of reference, 1 B. & A. 94, it is in that case matter of defence for the other party, and need not be negatived in the information.

If the information do not state all the facts and circumstances which constitute the offence, as defined by the statute; or if it do not state them with sufficient certainty and precision; or if it do not negative the exceptions in the statute, when it ought: the defendant may object to it on these grounds, and the justice should dismiss the complaint.

By stat. 31 Eliz. c. 5, s. 5, informations at the suit of an informer, where the penalty is limited to the king, and to any person who will sue for the same, must be brought within one year from the time the offence was committed. In many cases, however, a less time is limited by the statute creating the offence.

By stat. 18 Eliz. c. 5, s. 1, the informer must exhibit his information in person, and shall not "have or use any deputy or deputies at all.”