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GENERAL ABRIDGMENT

AND

DIGEST OF AMERICAN LAW,

WITH OCCASIONAL

Notes and Comments.

BY NATHAN DANE, LL. D.

COUNSELLOR AT LAW.

IN EIGHT VOLUMES.

VOL. VII.

R

NEW-YORK.

BOSTON:

PUBLISHED BY CUMMINGS, HILLIARD & CO.

1824.

DISTRICT OF MASSACHUSETTS, TO WIT:

District Clerk's Office. BE it remembered, That on the sixth day of July, A. D. 1824, and in the forty-ninth year of the Independence of the United States of America, Nathan Dane, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit:

"A General Abridgment and Digest of American Law, with occasional Notes and Comments. By Nathan Dane, LL. D. Counsellor at Law. In eight volumes. Vol. vii."

In conformity to the act of the Congress of the United States, entitled, "An act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned;" and also to an act, entitled, "An act, supplementary to an act, entitled, An act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching, historical and other prints."

JOHN W. DAVIS,

Clerk of the District of Massachusetts.

CAMBRIDGE:

From the University Press-By Hilliard & Metcalf.

General_Abridgment

OF

AMERICAN LAW.

CHAPTER CCIV.

COMPOUNDING INFORMATIONS &c.

Indictment

332.-Cro.

ART. 1. Compounding informations. This is an offence 4 Bl. Com. against public justice; and also has a tendency to make the 134135 laws odious to the people. It is an offence here at common for, 4 law, a misdemeanor. In conducting informations on penal Wentw. 319, statutes, it is material that fair informations be not discharged; C. C. 252, that the laws be carried into effect with a steady hand, and 266.-Ken. with certainty, with firmness, but with moderation, and with act, Dec. 19, a constant view to the public good, and never to gratify Hale, 546. avarice, private malice, or revenge. To these ends it is im- The court portant, that when such informations are commenced and terms, 1 Wils. set on foot, they be duly prosecuted, and not delayed, stop- 79.-5 D. &

1801-1

may fix the

Ε. 258.-4

ped, or settled, but by the consent of the court or public Burr. 1929, magistrate, and never by a compromise or compounding the is usual to offence by any agreement between the prosecutor and offender. Therefore the 18th of El. ch. 5, forbade any person, informing under a pretence of any penal law, to make any composition without leave of the court, or to take any money or promise from the deft. to excuse him, under the penalty of forfeiting £10, pillory, and forever being disabled to sue on Compounding a popuany popular or penal statute. This statute in substance has lar action, been adopted here as common law. And this compounding 2 Johns. R. is an indictable misdemeanor, punishable by fine and imprison- 405, 409. ment. The New York act is a transcript of this statute. 9 Crown Cir Johns. 251. The indictment for compounding a felony states cuit Comthe proceedings, as that the prosecutor complained to a jus- panion, 252,

require the king's half.

266.

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