The Justice of the Peace, and Parish Officer, Comprising the Law Relative to Their Several Duties, with All the Necessry Forms of Commitments,

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1840 edition. Excerpt: ... offence, or regulating the prosecution for it. See ante, p. 268. If the witness be in custody on civil process, he can only be brought up by writ of habeas corpus. Witnesses' expenses. In a criminal case, a witness cannot refuse to give his testimony until his expenses have been paid to him, even although subpoenaed on the part of the defendant. R. v. James, et at. I Car. & P. 322. After they have given their evidence, and the case is determined, if the party on whose behalf they attend be allowed his costs, a sum is usually allowed to him for his witnesses' expenses, at a rate regulated by the table of fees settled by the justices. See ante, tit. Costs. EXAMINATION. See Commitment.' EXTORTION. Extortion is the taking of money by any officer, by colour of his office, either where none at all is due, or where he takes more than is due, or where it is not yet due. 1 Hawk. c. 68, -t. 1. See R. v. Higgins, 4 Car. & P. 247. It is a misdemeanor at common law, punishable with fine, or imprisonment, or both. See 1 Hawk. c. 68. s. 5. Commitment: --on at, being then a constable, unlawfully, corruptly, extorsively, and by colour of his said office, did extort and receive of and from one C. D., then in the custody of the said A. B. the sum of, as and for a fee due to him the said A. B. as such constable; or as the case maybe. And you the said keeper, Sfc. FACTOR. See Agent. FACTORY. See Manufactures. FALSE IMPRISONMENT. False imprisonment is a misdemeanor at common law, punishable with fine, or imprisonment, or both. The slightest detention of a party, or restraint of his personal liberty, against his will, is an imprisonment; and if that be done without lawful authority, it is technically termed false imprisonment. If a constable or other person...