pounds six shillings and three pence, and one pound thirteen shillings and three pence, making together the sum of nine-. teen pounds nineteen shillings and six pence, of the proper monies of the said parishioners of the said parish, and he the said T. B. in manner and by the means aforesaid, did then and there unlawfully, falsely, fraudulently and deceitfully, cheat and defraud the said parishioners of the said parish, of the said sum of nineteen pounds nineteen shillings and sixpence, to the great damage and impoverishment of the said parishioners of the said parish, to the manifest perversion of justice, in contempt, &c. to the evil example, &c. and against the peace, &c.

And the jurors, &c. do further present, that the said T. Second B. during the time when he was overseer of the poor of the count. said parish of Twickenham for the said year of our Lord one thousand seven hundred and seventy-eight, did receive and have, to and for the use of the said parishioners of the said parish, the sum of seventy-nine pounds seventeen shillings and sixpence, for the amount of the earnings of the poor of the said parish, at the workhouse of the said parish, in spinning mop-yarn during the said year one thousand seven hundred and seventy-eight, and for which said last mentioned sum of seventy-nine pounds seventeen shillings and sixpence, he the said T. B. according to the duty of the said office of overseer of the poor of the said parish, ought well and faithfully to have accounted; nevertheless the said T. B. well knowing the premises last mentioned, but wickedly devising and intending to cheat and defraud the said parishioners of the said parish of the sum of eighteen pounds six shillings and three pence, afterwards, to wit, on, &c. at, &c. aforesaid, unlawfully, wilfully, contemptuously, fraudulently and deceitfully, did neglect and refuse to account with the said parishioners of the said parish for the said last mentioned sum of seventy-nine pounds seventeen shillings and six pence, and instead thereof did only account with the said parishioners for the sum of sixty-one pounds eleven shillings and three pence, for the amount of the earnings of the poor of the said parish, at the said work-house, in spinning mop-yarn for the said year one thousand seven hundred and seventy-eight, as last aforesaid. By reason whereof*, he, the said T. B. did then and there, to wit, on the [*703] said, &c. at, &c. aforesaid, unlawfully acquire and get to himself the said last mentioned sum of eighteen pounds, six shillings and three pence, of the proper monies of the said parishioners of the said parish, with intent then and there to cheat and defraud the said parishioners of the said parish of the same, and did then and there, by the means last aforesaid, unlawfully, wilfully, fraudulently and deceitfully, cheat and Crim. Law.

VOL. III.

S

Fourth count.

defraud the said parishioners of the said parish of the said last mentioned sum of eighteen pounds six shillings and three pence, to the great damage, &c. (as before.) [Third count, like the second, for retaining the sum of one pound thirteen shillings and three pence, in the year one thousand seven hundred and seventy-nine.] And the jurors, &c. do further present, that the said T. B. on the said, &c. at &c. aforesaid, he the said T. B. then and there being one of the overseers of the poor of the parish aforesaid, and then and there having the custody and charge of divers sums of money of, and belonging to, the inhabitants of the parish aforesaid, then and there having the charge and keeping of accounts of certain sums of money paid and received for and on account of the inhabitants of the said parish, unlawfully, fradulently, deceitfully and injuriously, pretend and affirm, that the money received by him the said T. B. for the work of the poor, (meaning the earnings of the poor people in the work-house of the parish aforesaid,) for the spinning of mop-yarn, in the year one thousand seven hundred and seventy-eight, amounted to the sum of sixty-one pounds eleven shillings and three pence, and no more; whereas, in truth, and in fact, he the said T. B. had received for the work of the poor, (meaning for the earnings of the poor people of the parish aforesaid,) in the work-house of the parish aforesaid, in the county aforesaid, for the spinning of mop-yarn, in the year one thousand seven hundred and seventy-eight, the sum of seventy-nine pounds seventeen shillings and six pence. And that the said T. B. on the said, &c. unlawfully, fraudulently and deceitfully, did falsely pretend and affirm that the money received by him, the said T. B. for the mopyarn spun in the year one thousand seven hundred and seventy-nine, by the poor people in the work-house of the parish aforesaid, amounted to the sum of seventy-four pounds, and no more; whereas, in truth, and in fact, he the said T. B. had received for the spinning of mop-yarn by the poor people of the parish aforesaid, in the work-house of the parish aforesaid, the sum of seventy-five pounds thirteen shillings and three pence. And that the said T. B. afterwards, to wit, on the said, &c. unlawfully, fraudulently and deceitfully, did pretend and affirm, that he the said T. B. had received of a [*704] certain person, to the jurors aforesaid yet unknown, the sum of ten pounds, and no more, for a bastard, meaning for and towards the maintenance and support of a certain bastard child of the name of G. W. Whereas in truth, and in fact, he, the said T. B. had then and there, to wit, at the, &c: aforesaid, received for and towards the maintenance and support of the aforesaid bastard child, the sum of thirteen pounds; and so the jurors, &c. do say, that the said T. B. on the

same day and year last mentioned, at, &c. aforesaid, unlawfully, unjustly, fraudulently and deceitfully, did deceive and defraud the inhabitants of the said parish of T. in the county aforesaid, of the several and respective sums of eighteen pounds, six shillings and three pence, one pound, thirteen shillings and three pence, and three pounds, in manner, &c.

overseer

and veri

That heretofore, to wit, from, &c. until, &c. J. M. late of, Against-an &c. was one of the overseers of the poor of the said parish, for makand that at the expiration of his said office, to wit, on, &c. ing up or within fourteen days afterwards, it was the duty of him, false acthe said J. M. as being such overseer, to make a just account counts, in writing (amongst other things) of all sums of money by fying him received and paid for and on account of the parishion- them on ers of the said parish, during the said time for which he oath.(r) was such overseer as aforesaid, and to verify the same by oath, before one or more of his majesty's justices assigned, &c.; and that he the said J. M. not regarding his duty in that behalf, but unlawfully and unjustly contriving and intending to cheat and defraud the parishioners of the said parish, of divers sums of money, which he the said J. M. as such overseer as aforesaid, had received for and on account of the parishioners of the said parish, during the time he was in his said office, on, &c. at, &c. aforesaid, unlawfully, knowingly, deceitfully and fraudulently, did make and deliver in, to the parishioners of the said parish, a certain false account in writing, as and for a true, perfect and just account, amongst other things, of all and singular sum and sums of money by him the said J. M. as such overseer as aforesaid, received and paid for and on account of the parishioners of the said parish, during the aforesaid time that he the said J. M. was in his said office, and that he the said J. M. did then and there, to wit, on, &c. aforesaid, at, &c. aforesaid, unlawfully, knowingly, deceitfully and fraudulently, neglect and omit to insert and charge himself in the said account with the several sums of money following, that is to say, the sum of twenty pounds nineteen shillings and nine pence three farthings, received by him the said J. M. of and from divers persons for hop-bagging, the property of the [*705] parishioners of the said parish; the sum of three pounds eight shillings, received by him the said J. M. of and from G. W.; and the sum of three pounds seven shillings and sixpence, received by him the said J. M. of and from one B. B.; which said several sums of money were, during the time that he the said J. M. was in office, as such overseer as aforesaid, to wit, on, &c. at, &c. aforesaid, paid to, and received

(r) This was the indictment against Martin, on which he was con

victed, see 2 Campb. 269. and see
last precedent and notes.

Second

count.

[*706]

by the said J. M. as being such overseer as aforesaid, for and on account of the parishioners of the said parish. And the jurors, &c. do further present, that the said J. M. in further prosecution of his said intention to cheat and defraud the parishioners of the said parish, afterwards, to wit, on, &c. at, &c. aforesaid, did go in his own proper person before the reverend G. M. clerk, one of the justices of our said lord the king, assigned, &c. [as ante 2nd vol. 182.] and did then and there take his corporal oath and was sworn upon the holy Gospel of God, before the said G. M. and did then and there, upon his said oath, before the said G. M. unlawfully, knowingly, and wickedly, verify the said false account, so as aforesaid made and delivered in by him the said J. M. to the parishioners of the said parish, and by means of the premises aforesaid did then and there, unlawfully, deceitfully, and fraudulently, cheat and defraud the parishioners of the said parish, of the said several and respective sums of, &c. to the great damage, &c. to the evil example, &c. and against the peace, &c. And the jurors, &c. that the said J. M. on, &c. at, &c. aforesaid, was one of the overseers of the poor of the said parish, and as such overseer did then and there receive and take into his possession, for and on account of the parishioners of the said parish, the several sums of money following, that is to say, the sum of, &c. (stating the sums) and did keep possession thereof, for and on account of the parishioners of the said parish, from thence until, &c. to wit, at, &c. aforesaid, and that on, &c. last aforesaid, at, &c. aforesaid, the said J. M. did unlawfully, knowingly, deceitfully and fraudulently, make and deliver to the parishioners of the said parish, a certain account in writing, in which said account it. was the duty of the said J. M. to have inserted the said several last mentioned sums of money, so as last aforesaid received and taken by him, and then being in his possession, for and on account of the parishioners of the said parish, and to have accounted for the same, and that the said J. M. did then and there, unlawfully, knowingly, deceitfully, and fraudulently, falsely affirm and pretend to the parishioners of the said parish (amongst other things) that the said last mentioned account was a true, perfect, and just account, of all and singular sum and sums of money, received by him as such overseer as last aforesaid, for and on* account of the parishioners of the said parish, during the time that he the said J. M. was in his said last mentioned office; whereas in truth, and in fact, the said last mentioned account, so made and delivered by the said J. M. to the parishioners of the said parish as last aforesaid, was not a true, perfect, and just account, of all and singular sum and sums of money received by him as such overseer, as last aforesaid, for and on account of the pa

rishioners of the said parish, during the time that he the said J. M. was in his said last mentioned office; and whereas in truth and in fact the said J. M. did not insert and charge himself in the said last mentioned account, with the said several last mentioned sums of money, or any or either of them, nor did the said J. M. then and there in any manner account with the parishioners of the said parish for the same, but his duty in that behalf did then and there, unlawfully, knowingly, deceitfully, and fraudulently, wholly neglect and omit, and the parishioners of the said parish of the said several last mentioned sums of money did then and there cheat and defraud, to the great damage, &c. to the evil example, &c. and against the peace, &c. And the ju- Third rors, &c. do further present, that the said J. M. on the said, &c. count. at the said, &c. being one of the overseers of the poor of the said parish, as such overseer did then and there receive and take into his possession, for and on account of the parishioners of the said parish, the several sums of money following, that is to say, the sum of &c. and that the said J. M. on the said seventeenth day of April, in the forty-seventh year aforesaid, at the parish aforesaid, in the county aforesaid, did unlawfully, knowingly, deceitfully, and fraudulently, make and deliver to the parishioners of the said parish, a certain account in writing as and for a just account, amongst other things, of all monies received by him during the time he was such overseer as last aforesaid, for and on account of the parishioners of the said parish, in which said last mentioned account it was the duty of the said J. M. to have inserted the said several last mentioned sums of money so as last aforesaid received and taken by him, for and on account of the parishioners of the said parish, and to have accounted for the same, but the said J. M. his duty in that behalf not regarding, and contriving and intending to cheat and defraud the parishioners of the said parish of the said last mentioned sums of money, did then and there, unlawfully, knowingly, deceitfully, and fraudulently, wholly neglect and omit to insert the said last mentioned sums of money, in the said last mentioned account, or in any manner to account for the same, and thereby did then and there cheat and defraud the parishioners of the said parish of the said several last mentioned sums of money, to the great damage, &c. to the evil example, &c. and* against the peace, &c. And the jurors, &c. do further [*707] present, that heretofore, to wit, from, &c. until, &c. the said Fourth J. M. was one of the oversecers of the said parish of Wro- count. tham, in the said county of Kent, and that at the expiration of his said last mentioned office, to wit, on the day and year last aforesaid, or within fourteen days afterwards, it was the duty of him the said J. M. as being such overseer as last afore