Geo. III. c. 52. s. 62. (1) &c. held and exercised the office of commercial resident at Calicut in the East Indies, under the said united company, and during all that time resided in the East Indies, (to wit) at, &c. aforesaid. And that the said J. S. so being a British subject as aforesaid, whilst he held and exercised the said office of supervisor of the province of Malabar, in the East Indies aforesaid, under the said united company as aforesaid, and whilst he resided in the East Indies as aforesaid; and the said I. A. so being a British subject as aforesaid, whilst he held and exercised the said office of commercial resident at Calicut, in the East Indies, under the said united company as aforesaid, and whilst he resided in the East Indies as aforesaid, did, within six years before the filing of this information, (to wit) on, &c. in the East Indies aforesaid, receive of and from a certain person in the East Indies aforesaid, called the Samoory, otherwise the Zamorin Rajah, 100,000 rupees, being of the value of 12,300l. as a gift and present, against the form of the statute &c. whereby, and by force of the statute, they the defendants committed extortion, and, by force of the said statute, forfeited to the king the said sum [*698] of 12,500/.* being the value of the said 100,000 rupees, so received by them as aforesaid, against the form, &c. and against the peace, &c. Against a That A. B. late of, &c. on, &c. and from thence until the register day of taking of this inquisition, was, and still is register of for engag- and belonging to his majesty's high court of admiralty of ing as proctor. England, (to wit) at, &c. and the jurors, &c. do further present, that the said Robert being such register as aforesaid, but not regarding the statute in such case made and provided, nor fearing the penalties therein contained, whilst he was such register as aforesaid, (to wit) on, &c. aforesaid, at, &c. (1) This was the information against Stevens and Agnew, whose case is reported in 5 East, 244. The 33 Geo. III. c. 52. s. 62. on which it is framed, enacts that the demanding or receiving any money or other valuable thing, as a gift or present, or under colour thereof, whether it be for the use of the party receiving the same, or for or pretended to be for the use of the said company, or of any other person whatsoever, by any British subject holding or exercising any office or employment under his majesty or the said united company, in the East Indies, shall be deemed an extortion, or a misdemeanour at law. After verdict of guilty, a motion was made in arrest of judgment, on the ground that there was no sufficient averment that the defendants were Rritish subjects residing in India, and holding employments there under the crown or the East India company, at the time when the presents were received: for they are stated to have held their employments until the day on which the offence is alleged to have been committed. But it was holden, that as the misdemeanour was charged "whilst they held the office as aforesaid," the term until must be construed in an inclusive sense, that being the evident intent of the party framing it, and it being the object of the court, where that design is manifest, to render it effective. The proceed. ings were therefore supported. acted and was concerned as a proctor in a certain cause then depending in the said high court of admiralty, that is to say, &c. contrary to the form of the statute, &c. and against the peace, &c. INDICTMENTS &c. FOR OFFENCES RELATING carrying where [Commencement as ante 2.] That D. D. late of, &c. and For misone of the churchwardens of the said parish, and E. E. late demeaof, &c. being evil disposed persons, and unlawfully contriv- nour, in ing and intending to free and discharge the parishioners and two pauinhabitants of the said parish from the expence of maintain- pers to a ing and providing for one A. B. the elder, and one A. B. the parish younger, the infant daughter of the said A. B. the elder, bethey had ing respectively poor and impotent persons in the said parish no settleof, &c. and unable to work or maintain themselves, and re- ments, spectively standing in need of relief from the parishioners of where one died. (m) the said parish, and to charge and burthen the parishioners and inhabitants of the parish of, &c. with the maintenance and support of the said A. B. the elder, and A. B. the younger, on, &c. at, &c. aforesaid, unlawfully and unjustly, and without any legal warrant or authority for so doing, carry and convey, and cause and procure to be carried and conveyed, the said A. B. the elder, and A. B. the younger, then being poor and impotent persons in the said parish of, &c. and unable to work or maintain themselves, and then respectively standing in need of relief from the said parishioners and inhabitants of the said last mentioned parish of, &c. from and out of the said parish of, &c. into the said parish of, &c. and there unlawfully and unjustly left,* and caused to be left, the said A. B. the elder, and A. B. the younger, they the said A. B. the elder, and A. B. the younger, or either of them, not then having a legal settlement in the said last mentioned parish, which said A. B. the elder, afterwards, to wit, on, &c. at, &c. died, by reason whereof the parishioners and inhabitants of the said last mentioned parish have been obliged to expend, and have necessarily expended divers sums of money, in the whole amounting to the sum of. of lawful, &c. in and about the maintenance and support of the said A. B. the younger, and also in and about the burial of the said A. B. the elder, to the great damage of the said last mentioned parish and inhabitants, in contempt, &c. to the evil, &c. and against the peace, &c. (m) See other precedents, 4 see post conspiracies. Wentw. 353. Cro. C. C. 394, 5. [*699] For misde- mon law, in bringing a per son ill with the That R. H. late of, &c. devising and intending the inhabitants of the parish of C. in, &c. with the maintenance and support of one A. S. single woman, unjustly to charge, on, &c. her the said A. S. then being poor and impotent, and ill with the small pox, and then not having any legal settlement within the said parish of C. violently, unlawfully, unjustly, small pox and without any legal warrant or authority, did bring, coninto a pa- vey, and leave, and cause, and procure, to be brought, conrish, veyed and left in the said parish of C. to be kept and mainwhere she died. (n) tained at the charge of the inhabitants of the same parish, which said A. S. within ten days after she was so brought into the said parish as aforesaid, did there die, by reason whereof the inhabitants of the said parish were obliged to expend, and did expend, forty shillings of lawful, &c. in and about the burial of the said A. S. to the great damage of the said inhabitants, and to the evil example of all others in the like case offending, and against the peace, &c. woman in and where she in stantly died, so that the For bring- That A. B. late of, &c. devising and intending the inhabi ing a poor tants of the parish of St. George the Martyr, in the said to a parish county of Middlesex, with the maintenance, support, and exwhere she pences of one E. C. spinster, wrongfully and unjustly to had no set- charge, and also intending great bodily harm to the said E. tlement, C. on, &c. from and out of the parish of St. Andrew, Holborn, aforesaid, her the said E. C. then being poor, sick, languid, and impotent, and unable to support, help, or maintain herself, and being also wholly unfit for removal, with force parishion- and arms, at, &c. aforesaid, unlawfully, wickedly, inhumaners were ly, unjustly, and against the will of the said E. C. and also put to ex- without any legal warrant or authority whatsoever, into the pence in burying parish of St. G. the M. aforesaid, did carry and convey, and her. (0) cause to be carried and conveyed, and then and there, to wit, [*700] on, &c. aforesaid, at the parish last* aforesaid, in, &c. aforesaid, left, and caused to be left, her, the said E. C. being so sick, weak, languid, impotent, and unable to support, help, or maintain herself, as aforesaid, to be kept, maintained, and supported by and at the charge and expence of the inhabitants of the said last mentioned parish, (she the said E. C. at the time she was so left in the said last mentioned parish as aforesaid, not having any legal settlement in the same;) which said E. C. afterwards, and as soon as she was brought by the said A. B. into the said last mentioned parish, as aforesaid, did there instantly die, by reason whereof the inhabitants of the said last mentioned parish were obliged to pay and expend, and did pay and expend, the sum of fifty shillings, of lawful money of Great Britain, in and about the burial of the (n) 4 Wentw. 353. (0) See Cro. C. C. 7th Ed. 648. see post conspiracies. said E. C., to the great damage of the said inhabitants, to the evil and pernicious example, &c. and against the nour at who was came That E. D. late of, &c. on, &c. at, &c. well knowing that For a misone M. R. single woman, was then and there pregnant with demeaa certain child or children, and that the said child or children common would then and there be likely to be born a bastard or bast- law, in ards, and devising and intending the inhabitants of the liber- lodging an ty above the bars, in the same parish and county, with the inmate, maintenance of one M. R. and of the said child or children delivered with which the said M. R. was then pregnant, unjustly to of a bascharge and burthen on, &c. aforesaid, at, &c. aforesaid, to tard child, wit, in the same liberty, in the dwelling-house of her the said which beE. there situate, unlawfully did receive, and lodge as an in- charge. mate, the said M. R. so being pregnant as aforesaid, and also able to the being poor and unable to maintain herself, and not having liberty. any legal settlement in the said liberty, and that she the said (p) E. her the said M. an inmate in the same dwelling-house in the liberty aforesaid, in the same parish and county, from the said, &c. until, &c. unlawfully did continue, during which time, to wit, on, &c. the said M. R. at the liberty aforesaid, in, &c. aforesaid, did bring forth a male bastard child, and the inhabitants of the same liberty have, during the time aforesaid, been thereby compelled to expend divers sums of money, amounting in the whole to the sum of four pounds ten shillings, in relief and maintenance of the said M. R. and her bastard child, to the great damage of the inhabitants of the said liberty, to the evil example, &c. and against the peace, &c. seer for from the That* T. B. late of, &c. gentleman, being a person of evil [701] name and fame, and of dishonest conversation, and being Against minded and desirous and wickedly devising and intending to an overcheat and defraud the inhabitants of the said parish of T. applying in the county aforesaid, of their monies, during the time money rewhen he was one of the overseers of the poor of the said ceived parish, on, &c. at, &c. aforesaid, unlawfully, fraudulently earnings and deceitfully, did make up, pass and deliver in, to the pa- of the rishioners of the said parish, a certain false account in writ- poor in ing, as and for a true, perfect and just account of all and the worksingular sum and sums of money by him the said Thomas his own paid and received for and on behalf of the parishioners of use, the said parish, during the year one thousand seven hundred and giving in (p) See form, Cro. C. C. 7th Ed. 650. It is no offence to keep an asylum for lying-in women, by means of which their children be come chargeable to the parish. 3 Burr. 1645. But an information lies for compelling paupers to mar- house to false ac conceal his fraud. (9) counts, in and seventy-nine, and one thousand seven hundred and order to eighty, while he was such overseer of the said parish as aforesaid, in which said account, for the year one thousand seven hundred and seventy-eight, he the said T. B. only gave credit for the sum of sixty one pounds, eleven shillings and three pence, as and for the whole amount of the earnings of the poor of the said parish, at the work-house of the said parish, in spinning mop-yarn during the said year one thousand seven hundred and seventy-eight, and in which said account, for the year one thousand seven hundred and seventynine, he the said Thomas only gave credit for the sum of thirty seven pounds, the same being after the rate of seventyfour pounds, as and for the whole amount of the earnings of the poor of the said parish, at the said work-house, in spinning mop-yarn during the said year one thousand seven hundred and seventy-nine, as supposed to have been received by him and one J. B. the other overseer of the poor of the said parish; whereas in truth and in fact he the said T. B. did receive for the earnings of the poor of the said parish, at the said work-house for the said year one thousand seven hundred and seventy-eight, for the use of the parishioners of the said parish, the sum of seventy-nine pounds seventeen shillings and six pence, the same being a larger sum of money by eighteen pounds six shillings and three pence, than the said sum of sixty one pounds eleven shillings and three pence, accounted for by the said T. B. in his said account for the said year one thousand seven hundred and seventy eight. And whereas in truth and in fact he the said T. B. did alone receive for the earnings of the poor of the said parish at the said workhouse, for the said year one thousand seven hundred and seventy-nine, for the use of the parishioners of the said parish, [*702] the sum of seventy-five pounds thirteen shillings and three pence, being a larger sum of money by one pound thirteen shillings and three pence than the said sum of seventy-four pounds, accounted for and supposed to have been received by the said T. B. and the said J. B. in his the said T. B.'s account for the said year one thousand seven hundred and seventy-nine as aforesaid. By means whereof he the said T. B. did then and there (to wit) on the said, &c. at, &c. aforesaid, in the county aforesaid, obtain, acquire, and get into his hands and possession, the said several sums of eighteen (4) This was the indictment against Brown, overseer of Twickenham, on which he was convicted. See the next precedent, which appears more modern and preferable. An indictment is sustainable for o verseers embezzling or rendering false accounts. Comb. 287. 5 Mod. 179. 2 Campb. 269. 1 Bott. 342. 2 Nolan. P. L. 1st Ed. 248. 2nd Ed. 371, 2. |