英文法律词典 C-114

CONVEYANCER. One who makes it his business to draw deeds of conveyance¹ of lands for others., 3 Bouv. Inst. n. 2422.

2. It is usual also for conveyancers to act as brokers² for the seller. In these cases the conveyancer should examine with scrupulous³ exactness into the title of the lands which are conveyed by his agency, and, if this be good, to be very cautious that the estate be, not encumbered⁴. In cases of doubt he should invariably propose to his employer to take the advice of his counsel.

3. Conveyancers also act as brokers for the loan of money on real estate, Secured by mortgage. The same care should be observed in these cases.

CONVICIUM, civil law. The name of a species of slander⁵, or, in the meaning of the civil law, injury, uttered in pubic, and which charged some one with some act contra bonos mores⁶. Vicat, ad verb; Bac. Ab. Slander.

CONVICT. One who has been condemned⁷ by a competent court. This term is wore commonly applied⁸ to one who has been convicted of a crime or misdemeanor. There are various local acts which punish the importation of convicts.

CONVICTION, practice. A condemnation⁹. In its most extensive sense this word signifies the giving judgment¹⁰ against a defendant¹¹, whether criminal or civil. In a more limited sense, it means, the judgment given against the criminal. And in its most restricted sense it is a record of the summary proceedings¹² upon any penal¹³ statute¹⁴ before one or more justices of the peace, or other persons duly authorized¹⁵, in a case where the offender¹⁶ has been convicted and sentenced: this last is usually termed a summary conviction.

2. As summary. convictions have been introduced in derogation of the common law, and operate to the exclusion¹⁷ of trial by jury, the courts have required that the strict letter of the statute should be observed 1 Burr. Rep. 613 and that the magistrates¹⁹ should have been guided by rules similar to those adopted by the common law, in criminal prosecution²⁰, and founded in natural justice; unless when the statute dispenses²¹ with the form of stating them.

3. The general rules in relation to convictions are, first, it must be under the hand and seal of the magistrate¹⁸ before whom it is taken; secondly²², it must be in the present tense, but this, perhaps, ought to extend only to the judgment; thirdly, it must be certain; fourthly, although it is well to lay the offence to be contra pacem, this is not indispensable; fifthly, a conviction cannot be good in part and bad in part.

4. A conviction usually consists of six parts; first, the information; which should contain, 1. The day when it was taken. 2. The place where it was taken. 3. The name of the informer. 4. The name and style of the justice or justices to whom it was given. 5. The name of the offender. 6. The time of committing the offence. 7. The place where the offence was committed. 8. An exact decription of the offence.

5. Secondly, the summons.

6. Thirdly, the appearance or non-appearance of the defendant.

7. Fourthly, his defence or confessions²³.

8. Fifthly, the evidence. Dougl. 469; 2 Burr. 1163; 4 Burr. 2064.

9. Sixthly, the judgment or adjudication, which should state, 1. That the defendant is convicted. 2. The forfeiture²⁴ or penalty. Vide Bosc. on Conviction; Espinasse on Penal Actions; 4 Dall. 266; 3 Yeates, 475; 1 Yeates, 471. As to the effect of a conviction as evidence in a civil case, see 1 Phil. Ev. 259; 8 Bouv. Inst. 3183.