6. Also, it plainly appears from the words of the statute, that one person alone cannot be guilty of conspiracy, within the purport of it; from whence it follows, that if all the defendants who are prosecuted for such a conspiracy be acquitted, but one, the acquittal of the rest is the acquittal of that one also: and upon the same ground it hath been holden, that no such prosecution is maintainable against a husband and wife only, because they are esteemed but as one person in law; but an action on the case, in the nature of a conspiracy, may be brought against one only; also, if such an action be brought against several persons, and all but one be acquitted, yet judgment may be given against that one only. Haw. B. ). c. 72. sect. 8. 7. The husband and wife, and servants, were indicted for a conspiracy to ruin the trade of the prosecutor, who was the king's card maker. The evidence against them was, that they at several times had given money to the prosecutor's apprentices, to put grease in the paste, which had spoiled the cards. But there was no account given, that ever more than one at a time was present, though it was proved they had all given money in their turns. It was objected, that this could not be a conspiracy; for several persons might do the same thing, without having any previous communication with each other. But it was ruled, that the defendants being all of a family, and concerned in making of cards, it would amount to evidence of a conspiracy. Str. 144. Rex v. Cope and others. 8. An information was brought against Kinnersley and Moore, setting forth that the defendants, being evil disposed persons, in order to extort money from my lord Sunderland, did conspire together, to charge my lord with endeavouring to commit sodomy with Moore. One defendant only appeared, and pleaded to issue, and was found guilty. And now exception was taken in arrest of judgment, that to every conspiracy there must be two persons at least; whereas here is only one brought in and found guilty, and the other possibly may be acquitted. But it was answered, that this is arguing from what has not happened, and probably never will; for though Moore may have an opportunity to acquit himself, and is not concluded by the virdict, as Kinnersley is, yet, as the matter now stands, Moore himself is found guilty, for the conspiracy is found as it is laid, and therefore judgment may be given against one, before the trial of the other. And a case was quoted, where several were indicted for a riot, with many others, and two only were found guilty; and it was objected, that there must be three to make a riot; but upon the words, with many others, judgment was given against the defendants. And the court overruled the exception. And the defendant had sentence. And in the Easter term following, Moore also was convicted, and had judgment. Str. 193. 9. Eliz. Niccols was indicted for conspiring with Tho. Bugravo, unjustly to charge William Frankland with a robbery, and for that purpose going before a justice, where Bygrave swore it upon him: Niccola only came in and pleaded not guilty, and the jury found that she was guilty, but that Bygrave died before the indictment was preferred. Exception was taken, that one alone cannot be guilty of a conspiracy, and here is but one convicted. But the court overruled this, on the authority of Kinnersley's case, in which case there was a possibility of contradictory verdicts, which here cannot be. Str. 1227. See 2 Leach's Haw. (7th edit.) 125. As to laying the offence in an indictment, see 1 Bl. Rep. 368. 3 Burr. 1320. Cro. Cir. Assist. 190, 216. 2 Leach's Haw. (7th edit.) 122. 10. The getting of money out of a man, by conspiring to charge him with a false fact, is indictable, whether the fact charged be or be not criminal in itself; even though it only affect his reputation. 1 Bl. Rep. 368. 11. There is a difference between an action of conspiracy against two persons, and an action on the case, founded on a wrong done by two persons; in the first, if one be found not guilty, the judgment must be arrested, but not so, if one be found not guilty, in the latter case I Wils. 210. II. HOW PUNISHED. Conspirators may be indicted at the suit of the commonwealth, and were by the ancient common law to receive what is called villenous judgment; viz. to lose their liberam legem, whereby they are discredited, and disabled as jurors or witnesses; to forfeit their goods and chattels and lands for life; to have those lands wasted, their houses rased, their trees rooted up, and their own bodies committed to prison. But it is now the better opinon, that the villenous judgment is by long disuse become obsolete; it not having been pronounced for some ages (not since the reign of Edward the Third. Burr. 996, 1027.) but instead thereof, the delinquents are usually sentenced to imprisonments, fine, and pillory. (4 Bl. Com. 136.) Thus, in the case of Kinnersley and Moore, above-mentioned, Kinnersley was sentenced to be fined five hundred pounds, to suffer a year's imprisoment, and to find sureties for his good behaviour for seven years. Moore was sentenced to stand in the pillory, suffer a year's imprisonment, and to find sureties in like manner for seven years. 1 Stra. 196. CONSTABLE. 1. VARIOUS as the conjectures have been among the learned, with respect to the origin of this word, and the antiquity of the office, they all agree that it was once an office of considerable trust and consequence in England, particularly in pleas of the crown. See Burn's Just. title "CONSTABLE." 2. These officers were very early recognised by the laws of Virgi nia. By an act of 1643 (see 1st vol. Hen. Stat, at Large, p. 246.) it was made the duty of constables to present to the commissioners of monthly courts, such of the inhabitants as failed to plant two acres of corn for each labouring person. Various other laws, before the revo lution, impose particular duties on constables. By the fifteenth article of the constitution of Virginia, it is provided, that the "justices shall appoint constables," &c.; and by act of 1802 (2 Rev. Code, p. 4.) the county and corporation courts are directed to appoint them. Before these express provisions, it was the practice in Virginia, for the county courts to appoint constables; analogous to the proceedings in the sheriff's torn, or leet, in England. See Haw. B. 2. c. 10. sect. 37. &c. 1 Burn's Just. 389. 3. Every constable is, by the common law, a principal conservator of the peace. Haw. B. 2. c. 8. sect. 6. 1 Bl. Com. 375. 4. And if the constable is assaulted in the execution of his office, he need not go back to the wall, as private persons ought to do: and if in the striving together, the constable kills the assailant, it is no felony; but if the constable is killed, it shall be construed premeditated murder. Summ. 37. 1 Hale 457. Wood. Inst. 86. 4 Bl. Com. 293. 1 Burn's Just. 394. 5. The constable 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 sessions (or county court) and fined. Wood. Inst. 86. 6. The constable is the proper officer to a justice of the peace, and bound to execute his warrants; and therefore, where a statute authorises a justice of the peace to convict a man of a crime, and to levy the penalty by warrant of distress, without saying to whom such warrant shall be directed, or by whom it shall be executed, the constable is the proper officer to execute it, and indictable for disobeying it. Haw. B. 2. c. 10. sect. 35. Salk. 381. 2 Ld. Raym. 1189. 7. The constable must carry the offender before the justice, according to the direction of the warrant; but if the warrant be not special, viz. returnable before a particular justice, the constable may carry the party before any justice. (Wood. Inst. 87.) But, in civil process, he must return his warrant before some justice within his district. 2 Rev. Code, p. 12. sect. 2. 8. A constable may appoint a deputy, to do ministerial acts. Per Ld. Mansfield, 3 Burr. 1262. * For more of the power and duty of constables, at common law, see titles ARREST, AFFRAY, and WARRANT. By the laws of Virginia (2 Rev. Code, c. 8. sect. 1.) it is made the duty of the county and corporation courts, in the month of June, every two years, to appoint constables, who at the next court are to take the necessary oaths, and give bond, with two sureties (in a penalty not less than five hundred, nor more than fifteen hundred, dollars (2 Rev. Code, p. 124. sect. 1.) payable to the governor and his successors, with condition well and truly to discharge the duties of the office; which oaths and bond shall be repeated at the end of every two years; vacancies occasioned by death, removal, or resignation, are to be supplied by new appointments, with the like oaths and bond; the bonds are to be recorded in the court where they are executed, and may be sued on as sheriff's bonds; any person executing the office of constable without taking the oaths and giving bond, forfeits fifty dollars, to the use of the county or corporation, recoverable by action of debt, in the name of the governor for the time being: Provided, that any justice may ap possibility of contradictory verdicts, which here cannot be. Str. 1227. See 2 Leach's Haw. (7th edit.) 125. As to laying the offence in an indictment, see 1 Bl. Rep. 368. 3 Burr. 1320. Cro. Cir. Assist. 190, 216. 2 Leach's Haw. (7th edit.) 122. 10. The getting of money out of a man, by conspiring to charge him with a false fact, is indictable, whether the fact charged be or be not criminal in itself; even though it only affect his reputation. 1 BL. Rep. 368. 11. There is a difference between an action of conspiracy against two persons, and an action on the case, founded on a wrong done by two persons; in the first, if one be found not guilty, the judgment must be arrested, but not so, if one be found not guilty, in the latter case 1 Wils. 210. II. HOW PUNISHED. Conspirators may be indicted at the suit of the commonwealth, and were by the ancient common law to receive what is called villenous judgment; viz. to lose their liberam legem, whereby they are discredited, and disabled as jurors or witnesses; to forfeit their goods and chattels and lands for life; to have those lands wasted, their houses rased, their trees rooted up, and their own bodies committed to prison. But it is now the better opinon, that the villenous judgment is by long disuse become obsolete; it not having been pronounced for some ages (not since the reign of Edward the Third. Burr. 996, 1027.) but instead thereof, the delinquents are usually sentenced to imprisonments, fine, and pillory. (4 Bl. Com. 136.) Thus, in the case of Kinnersley and Moore, above-mentioned, Kinnersley was sentenced to be fined five hundred pounds, to suffer a year's imprisoment, and to find sureties for his good behaviour for seven years. Moore was sentenced to stand in the pillory, suffer a year's imprisonment, and to find sureties in like manner for seven years. 1 Stra. 196. CONSTABLE. 1. VARIOUS as the conjectures have been among the learned, with respect to the origin of this word, and the antiquity of the office, they all agree that it was once an office of considerabla trimit and ens. sequence in England, particularly in pleas of the crown. Just. title "CONSTABLE." 2. These officers were very early recé nia. By an act of 1643 (see 1st was made the duty of constable monthly courts, such of the corn for each labouring per lution, impose particular duties on constables. By the fifteenth article of the constitution of Virginia, it is provided, that the "justices shall appoint constables," &c.; and by act of 1802 (2 Rev. Code, p. 4.) the county and corporation courts are directed to appoint them. Before these express provisions, it was the practice in Virginia, for the county courts to appoint constables; analogous to the proceedings in the sheriff's torn, or leet, in England. See Haw. B. 2. c. 10. sect. 37. &c. 1 Burn's Just. 389. 3. Every constable is, by the common law, a principal conservator of the peace. Haw. B. 2. c. 8. sect. 6. 1 Bl. Com. 375.. 4. And if the constable is assaulted in the execution of his office, he need not go back to the wall, as private persons ought to do: and if in the striving together, the constable kills the assailant, it is no felony; but if the constable is killed, it shall be construed premeditated murder. Summ. 37. 1 Hale 457. Wood. Inst. 86. 4 Bl. Com. 293. 1 Burn's Just. 394. 5. The constable 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 sessions (or county court) and fined. Wood. Inst. 86. 6. The constable is the proper officer to a justice of the peace, and bound to execute his warrants; and therefore, where a statute authorises a justice of the peace to convict a man of a crime, and to levy the penalty by warrant of distress, without saying to whom such warrant shall be directed, or by whom it shall be executed, the constable is the proper officer to execute it, and, indictable for disobeying it. Haw. B. 2. c. 10. sect. 35. Salk. 381. 2 Ld. Raym. 1189. 7. The constable must carry the offender before the justice, according to the direction of the warrant; but if the warrant be not special, viz. returnable before a particular justice, the constable may carry the party before any justice. (Wood. Inst. 87.) But, in civil process, he must return his warrant before some justice within his district. 2 Re Code, p. 124. sect. 2. 8. A constable may appoint a deputy, to do ministerial acts. Ple Ld. Mansfield, 3 Burr. 1262. For more of the power and duty of constables, at cam law, see titles ARREST, AFFRAY, and WARRANT. By the laws of Virginia (2 Rev. Code, c. 8. sect. L.) it is duty of the county and corporation courts, in the month of J two years, to appoint constables, who at the next court are necessary oaths, and give bond, with two sureties in a pe than five hundred, nor more than fifteen hundred dollars p. 124. sect. 1.) payable to the governor and his su dition well and truly to discharge the deties of the and bond shall be repeated at the end of ever occasioned by death and fire ct. 2. are per ode, c. 119. |