ting of the several offences hereafter-mentioned was one of the surveyors of the highways of the parish of aforesaid, in the county aforesaid, to wit, at, &c. aforesaid, and that the said W. R. so being such surveyor of the highways as aforesaid, not regarding his duty in that behalf, but minding and intending to promote his own private gain and emolument, at the expense of the inhabitants of the said parish, on, &c. and so forth, and on sixty other days and times then next following, at, &c. aforesaid, unlawfully, wilfully and corruptly, by colour of his said office of surveyor of the highways as aforesaid, did cause and procure divers, to wit, fifty cart loads of gravel, and other materials, which had been then and there dug and got at the costs and charges of the inhabitants of the said parish, for the purpose of repairing the public common highways of the said parish, and which ought then and there to have been laid upon and used in the repairs of such highways to be carried and conveyed to certain gardens, lands and grounds of the said W. R. within the said parish, and there to be laid, spread and used, for his own private gain and emolument, and did then and there unlawfully, wilfully and corruptly, by colour of his said office, cause and procure divers labourers, to wit, &c. [naming them] then and there hired and retained at the costs and charges of the said inhabitants [*667] of the said parish to get and carry* gravel and materials, for the purpose of repairing and to repair the highways of the said parish, under the direction of the surveyors of the highways of the said parish, to be employed in the carrying and conveying the said gravel and other materials to the said gardens, lands and grounds of the said W. R. and in there laying, spreading and using the same for the private gain and emolument of the said W. R. when such labourers ought to have been then and there employed, getting gravel and other materials for the purpose of repairing, and in the repairing such highways, and also did then and there unlawfully, wilfully and corruptly, by colour of his said office, cause and procure divers teams, furnished with horses and other cattle, and with men to attend the same, which had been then and there duly sent by divers inhabitants and occupiers of lands, tenements and hereditaments within the said parish, to wit, by, &c. [naming them] to perform statute duty for and in the repair of the said highways, under the direction of the surveyors of the highways of the said parish, to be employed in the carrying and conveying of the said gravel and other materials to the said lands, gardens and ground of the said W. R. and in there laying, spreading and using the same for the private gain and emolument of the said W. R. when such teams, and the men attending the same, ought to have been then and there employed in getting, loading and conveying gravel and other materials, for the purpose of repairing, and in the repairing such highways, contrary to the duty of the said W. R. as such surveyor of the highways as aforesaid, to the evil example, &c. and against the peace, &c. Seventh count, for rish. [Second count only for procuring gravel dug for the purposes of repairing to be taken to his own premises. Third count, for procuring the public labourers to carry gravel for him. Fourth count, employing the teams sent to perform statute duty to carry gravel for him. Fifth count, for employing the public labourers to dig muck and dirt, and convey it for himself. Sixth count, for employing teams for the same purpose.] And the jurors, &c. do further present, that the said W. R. so being such surveyor of the highways as aforesaid, not embezzelregarding his duty in that behalf, but minding and intending ling the as aforesaid, on the said, &c. and on sixty other days and gravel got for the patimes then next following, at, &c. aforesaid, unlawfully, wilfully and corruptly, by colour of his said office, did cause and procure divers other, to wit, one hundred other loads of gravel and other materials, which had been then and there dug and got at the costs and charges of the inhabitants of the said parish, for the purpose of repairing the public common highways of the said parish, and which then and there ought to have been laid upon and used in the repairs of such highways* as aforesaid to be carried and conveyed to a certain [*668] place, called Queen Street, within the said parish, not being one of the public highways of the said parish, and there to be laid, spread and used for his own private accommodation, gain and emolument, contrary to the duty of the said W. R. as such surveyor of the highways as aforesaid, to the evil example, &c. and against the peace, &c. INDICTMENTS FOR NOT REPAIRING GAOLS. Against a mort That within the hundred of M. in the county of C. there now is, and from time whereof the memory of man is not to gagee in the contrary, there hath been (r) a certain common gaol of possession our said lord the king, for the purpose of keeping in safe of a goal custody offenders and prisoners within the same, situate and and hunbeing at M. in the said county, and parcel of a certain tene- dred ment commonly called the gaol tenement, otherwise the gaol (4) This precedent is from 4 Wentw. 363. where see Mr. Bower's opinion. The indictment does not seem to be framed according to that opinion, as it does not state that the defendant ratione tenure was bound to repair, which seems necessary. of a liberty court, for not repair ing it, See 1 M. and S. 435. 6 East, 315. whereby (r) It should seem by analogy to soners house there, and that on, &c. and continually from thence until the day of taking this inquisition, the said gaol hath been and still is greatly ruinous, in decay, and out of repair, for want of needful and necessary repairing and amending the same, so that offenders and prisoners, during such time, could not, nor can they now be kept in safe and secure custody within the same gaol, as they ought and were wont to be, and still ought to be, to the great hindrance and obstruction of justice, to the great damage of his majesty's liege subjects, and against the peace, &c. And the jurors, &c. do further present, that G. W. late of, &c. for and during all the time aforesaid, was and still is owner and occupier of the said tenement, and that the said G. W. as owner and occupier of the said tenement, and all others the owners and occupiers thereof for the time being, from time whereof, &c. until the time of such nuisance, have repaired and amended, and have been used and accustomed to repair and amend, and the said G. W. still of right ought to repair and amend, the said goal, so being ruinous, in decay, and out of repair as aforesaid, when, and as often as occasion hath required, or shall or may be, or require, and that the said G. W. has not yet done [*669] the same, &c. [Second count as occupier only. Third count bailif and keeper of the goal of the liberty of the hundred of M. in the said county of C.] Against end bur gaol of the city of Glouces ter. (8) That within the liberties of the said city of G. there now the mayor is, and from time whereof, &c. there hath been a certain gesses for common gaol of our said lord the king, for the purpose of not repair- keeping in safe custody, offenders and prisoners within the ing the same, situate and being partly on and over a certain gateway, called the N. gate, and partly in and parcel of a certain erection or building contiguous to and adjoining upon the said gateway there, and that on, &c. and continually from thence until the day of the taking of this inquisition, the said gaol hath been and still is greatly ruinous, in decay, and out of repair, for want of needful and necessary repairing and amending the same, so that offenders and prisoners, during such time could not, nor can they now be kept and secured in safe and secure custody within the same goal, as they ought and were wont to be, and still ought to be, to the great hindrance and obstruction of justice, to the great damage of his majesty's liege subjects, and against the peace, &c. and that the mayor and burgesses of the said city and county of the same city, from time immemoral, as owners of the said gaol, ought and have been accustomed by right and ancient usage to re (s) This precedent is from Cro. C. C. 8th ed. 318. Cro. C. A. 398. Quere, if the indictment ought not to state obligation to repair, ratime See 1 M. and S. 435, ante tenura. 571, 2. pair and amend, and still of right ought to repair and amend the said gaol, when and as often as occasion should or shall require, and that the said mayor and burgesses have not yet done the same. INDICTMENTS, &c. FOR ILLEGAL COMPANIES. pany of a pose of That A. B. late of, &c. [a number of other defendants] On 6 Geo, contriving and intending to prejudice and aggrieve divers I. c. 18. s. subjects of the king in their trade and commerce, under false 16. for raising subpretences for the public good, after the 24th of June, 1720, scriptions to wit, on, &c. at, &c. did, according to their own device and to set on scheme, make subscriptions towards raising a great sum of foot a commoney for establishing and setting* on foot a certain new great and unlawful undertaking to the common grievance, preju- number of dice, and inconvenience of great numbers of the king's sub- persons, jects in their trade and commerce, that is to say, did make for pursubscriptions towards raising a sum not exceeding 20,000/. selling to be divided into more than twenty thousand parts or bread. (t) shares, for the purpose of buying corn, grinding the [*670] the same, making bread, and dealing in or distributing of flour and bread, and for other purposes unknown; which undertaking was a public undertaking, and did then and there, and still doth relate to affairs, in which the trade, commerce, and welfare of great numbers of the king's subjects were and are concerned, to wit, at, &c. to the common nuisance of all the king's subjects, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further pre- Another sent, that the said defendants, on, &c. at, &c. aforesaid, sub- count. scribed towards collecting and raising by subscription a great sum of money, not exceeding 20,000l. to be divided into not more than 20,000 shares for the purpose of assisting and fa (t) See forms, 14 East, 406, 15 East, 511. This indictment was founded on the circumstance of a number of persons agreeing to raise 20,0001. by subscriptions of 17. a share, for the purpose of buying and grinding corn, making it into bread, and distributing it among the partners. No person could hold more than twenty shares, except they came to him by act of law, marriage, &c. nor could any shares be assigned, except the assignee would enter into a covenant, to conform to all the original regulations of the members. The Crim. Law. jury found a special verdict, that VOL. III. count. count. vouring a certain other new and unlawful undertaking, tending to the common grievance, &c. [as before] and did then and there pay upon such subscription, certain small sums, amounting in the whole to a large sum, to wit, 30l. which said last Another undertaking was a public undertaking, &c. [as before.] And the jurors, &c, do further present, That the said defendants, on, &c. aforesaid, at, &c. aforesaid, presumed to act as if they were a corporate body, and pretended to raise a transferable and assignable stock, without any legal authority, and without any charter from the crown for so doing, that is to say, as a corporate body, for the purpose of buying corn, grinding the same, making bread, and dealing in and distributing of flour and bread, and for other purposes unknown; and having a number of shares not exceeding 20,000, transferable and assignable by and from the holders of such shares, to any other person or persons, at the pleasure of the holders thereof to the common nuisance of all the king's subjects, &c. against the form of the statute, &c. and against the Another peace, &c. And the jurors, c. do further present, That the said defendants, without any legal authority, and without any charter from the crown for so doing, pretended to raise a transferable stock to a large amount, to wit, not exceeding 20,000l. to be divided into not more than 20,000 shares, which shares were to be and are transferable and assignable from the holders thereof to any other person or persons, at the pleasure of such holders; to the common nuisance, &c. and against the statute, &c. That the defendants, contriving and intending as aforesaid, did, according to their own device and scheme, further countenance and proceed in a certain other new and unlawful undertaking, tending to the common grievance, prejudice, and inconvenience of great numbers of the king's subjects in their trade and commerce; that is to say, an undertaking for the purpose of buying corn, c. [as before,] which last was a public undertaking, and did then and there and still doth relate to affairs, in which the trade, commerce and welfare of great numbers of the king's subjects, were and are concerned, to wit, at, &c. aforesaid, to the common nuisance, &c. against the form of the statute, &c. and against the peace, &c. [*671] Another count. |