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said, to make a just account in writing (amongst other things) of all sums of money by him received and paid, for and on account of the parishioners of the said parish, during the said time for which he was such overseer as last 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. his duty in that behalf not regarding, but unlawfully and unjustly contriving and intending to cheat and defraud the parishioners of the said parish of divers sums of money, on, &c. at, &c. aforesaid, unlawfully, knowingly, deceitfully and fraudulently, did make and deliver unto the parishioners of the said parish, a certain false account in writing as and for a true, perfect and just account of all and singular sum and sums of money, by him the said J. M. as such overseer as last aforesaid received and paid, for and on account of the parishioners of the said parish, during the time last aforesaid that he the said J. M. was in his said last mentioned office, and that he the said J. M. did then and there, to wit, on the same day and year last aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully, knowingly, deceitfully and fraudulently, neglect and omit to insert and charge himself in the said last mentioned account with the several sums of money following, that is to say, the sum of twenty pounds received by him the said J. M. of and from one B. M. for and on account of the maintenance of a certain bastard child, born in the said parish, of which he the said B. M. was the reputed father; the sum of one pound seven shillings and six pence, received by him, the said J. M. of and from one J. E.; which said last mentioned several sums of money, were during the time that he the said J. M. was in office as such overseer as last aforesaid, to wit, on, &c. at, &c. aforesaid, paid by the respective persons herein before last named to, and received from them by the said J. M. as being such overseer as last aforesaid, for and on account of the parishioners of the said parish, and that he the said J. M. did then and there, to wit, on the said, &c. at, &c. aforesaid, unlawfully, knowingly, deceitfully and fraudulently, falsely insert, affirm, and charge on the said last mentioned account, that he the said J. M. had paid and given for and on account of the parishioners of the said parish, during the time he was such overseer as last aforesaid, to the [708] persons next hereinafter* named, several sums of money, that is to say, that he the said J. M. had paid Mr. J. (meaning T. J.) for G. (meaning I. G.) the sum of three pounds three shillings; and that he the said J. M. had paid to Mr. C. (meaning R. C.) on account of the said parish, the sum of forty-eight pounds; and that he the said J. M. had given G. (again meaning the said I. G.) on account of rent, the sum of three pounds; and also that he the said J. M. had during

the time last aforesaid lost by casualties, monies of the said parishioners, to the amount of twelve pounds twelve shillings and six pence: whereas in truth and in fact the said J. M. had not paid to the said T. J. the said sum of three pounds; and whereas in truth and in fact the said J. M. had not paid to the said R. C. the said sum of forty-eight pounds; and whereas in truth and in fact the said J. M. had not given to the said I. G. the said sum of three pounds; and whereas in truth and in fact the said J. M. had not during the time last aforesaid lost by casualties, monies of the said parishioners to the amount of twelve pounds twelve shillings and six pence. And the jurors, &c. that the said J. M. in further prosecu

tion of his said last mentioned intention to cheat and defraud the parishioners of the said parish, afterwards, to wit, on, &c. at, &c. in the said county of Kent, did go in his own proper person before the reverend T. C. clerk, one of the justices of our said lord the king, assigned, &c. and did then and there take his corporal oath, and was sworn upon the holy Gospel of God before the said T. C., and did then and there upon his said oath before the said T. C., unlawfully, knowingly and wickedly, verify the said last mentioned false account, so as last aforesaid made and delivered by him the said J. M. to the parishioners of the said parish of W. and by means of the premises last aforesaid did then and there, unlawfully, deceitfully and fraudulently, cheat and defraud the parishioners of the said parish of W. of the said several and respective sums of twenty pounds; one pound seven shillings and six pence; three pounds three shillings; fortyeight pounds; and three pounds twelve shillings and six pence; to the great damage, &c. of the parishioners of the parish last aforesaid, to the evil example, &c. and against the peace, &c. And the jurors &c. that the said J. M. on, &c. Fifth at the said &c. was one of the overseers of the poor of the said last mentioned 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 last mentioned parish, the several sums of money following, that is to say, the sum of twenty pounds, and the sum of one pound, seven shillings, and six pence, and had the possession thereof, for and on account of the parishioners of the said last mentioned parish, from thence until, &c. and that on, &c. last aforesaid, at the pa- [*709] rish last aforesaid, in the county aforesaid, the said J. M. did unlawfully, knowingly, deceitfully and fraudulently, make and deliver to the parishioners of the said last mentioned 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 pos

count.

session, for and on account of the parishioners of the said last mentioned 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 last mentioned 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 last mentioned parish, during the time that he the said J. M. was in his last mentioned office, whereas in truth and in fact the said last mentioned accounts so made, and delivered by the said J. M. to the parishioners of the said parish 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 parishioners of the said last mentioned 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 last mentioned 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 last aforesaid of the several last mentioned sums of money did then and there cheat and defraud, to the great damage, &c. to the evil example, &c. against the peace, &c. And the jurors, &c. do further present, that the said J. M. heretofore, to wit, from the said, &c. until the said, &c. at the said, &c. was one of the overseers of the poor of the said parish, and that on, &c. at the parish last aforesaid, in the county aforesaid, the said J. M. did unlawfully, knowingly, deceitfully, and fraudulently, make and deliver to the parishoners of the said last mentioned parish a certain account in writing, in which account it was the duty of the said J. M. (amongst other things) to insert all sums of money which had been paid by him, for and on account of the parishioners of the said last mentioned parish, during the time he was in his said last mentioned office, and that the said J. [*710] M*. unlawfully and unjustly contriving and intending to cheat and defraud the parishioners of the said last mentioned parish of the several sums of money hereinafter next mentioned, on the said, &c. in the parish last aforesaid, in the county aforesaid, unlawfully, knowingly, deceitfully, and fraudulently, did falsely insert, affirm, and charge in the said last mentioned account, that he the said J. M. had paid and

'Sixth count.

given for and on account of the parishioners of the said last mentioned parish during the time he was such overseer as last aforesaid, to the persons next hereinafter mentioned, several sums of money, that is to say, to Mr. J., (meaning the aforesaid T. J.) for G., (meaning the aforesaid I. G's) rent, the sum of three pounds and three shillings, and that he the said J. M. had paid to Mr. C. (meaning the said R. C.) on account of the said last mentioned parish, the sum of fortyeight pounds, and that he the said J. M. had given G. (again meaning the aforesaid I. G.) on account of rent, the sum of three pounds, and also that he the said J. M. had, during the time last aforesaid, lost by casualties monies of the said parishioners to the amount of twelve pounds, twelve shillings and sixpence, which said several sums of money make together the sum of sixty-six pounds, fifteen shillings and sixpence, whereas, in truth and in fact, the said J. M. had not paid to the said T. J. the sum of three pounds and three shillings; and whereas, in truth and in fact, the said J. M. had not paid to the said R. C. the said sum of forty-eight pounds; and whereas, in truth and in fact, the said J. M. had not given to the said I. G. the said sum of three pounds; and whereas, in truth and in fact, the said J. M. had not during the time last aforesaid lost, by casualties, monies of the said parishioners to the amount of twelve pounds, twelve shillings and sixpence; and that by means of the premises last aforesaid, the said J. M. did then and there, to wit, on the said ninth day of May, in the forty-eighth year aforesaid, at the parish last aforesaid, in the county aforesaid, unlawfully, deceitfully and fraudulently, retain, keep and acquire to himself a large sum of money, to wit, the aforesaid sum of sixty-six pounds, fifteen shillings and six pence, being a part of the monies which he the said J. M. as such overseer as last aforesaid, had received for and on account of the parishioners of the said last mentioned parish during the time he was in his said last mentioned office, and them the said parishioners thereof did the nand there, unlawfully, unjustly, deceitfully and fraudulently cheat and defraud, to the great damage, &c. to the evil example, &c. and against the peace, &c.

INDICTMENTS, &c. FOR ILLEGAL MARRIAGES,

BIGAMY, &c.

[*711]

That* A. B. late of, &c. clerk, after the twenty-first day of On 26th March, in the year of our Lord one thousand seven hundred Geo. II. c. and fifty-four, to wit, on, &c. with force and arms, at, &c. did 33. s. 8. unlawfully, knowingly, wilfully and feloniously, solemnize For felo

Crim. Law.

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niously solem

nizing ma

trimony without licence,

&c. (8)

[*712] Against parish

clerk, un

der 52

8. 146. s.

14. for a single felony in de. ceiving a clergy

man to make a false en

try of the due publi

cation of
banns,
when

matrimony between C. D. late of, &c. and one E. F., then a single woman, without publication of banns of marriage in that behalf, and without any licence of marriage in that behalf, first had or obtained from any person or persons having authority to grant the same, in contempt of our said lord the king and his laws, to the evil example, &c. against the peace, &c. and also against the form of the statute, &c.

That T. M. late of, &c. on, &c. at, &c. with force and arms, at, &c. aforesaid, did, knowingly and wilfully, unlawfully and feloniously,* cause to be inserted in the register book of marriages, solemnized according to the rites of the united church of England and Ireland, within the said parish, a certain entry of a matter and thing relating to marriage, that is to say,

(8) See another precedent Cro. C. C. 8th Ed. 269. This indictment is founded on 26 Geo. II. c. 33. s. 8. which directs, that if any person shall solemnize matrimony in any other place than a church or public chapel, where Banns have been usually published, unless by special Licence from the Archbishop of Canterbury, or shall solemnize matrimony without publication of Banns, none had unless Licence of marriage be first been pub- had and obtained from some person lished. (t) or persons having authority to grant the same, knowingly and wilfully offending, shall be adjudged a felon, and transported for fourteen years. Under this clause, prosecutions must be commenced within three years after the offence is committed. 26th Geo. II. c. 33. s. 9.

(t) This offence appears to be indictable also under the Act the 26th Geo. II. c. 33. s. 16. by which, "knowingly and wilfully to insert, or cause to be inserted, in the registry book of any parish or chapelry any false entry of any matter or thing relating to any marriage, false. ly to make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or act, or assist in falsely making, altering, forging and counterfeiting any such entry in any such register or any such licence of marriage as therein mentionedor utter or publish as true such altered or forged register or licence -or wilfully to destroy, or cause or procure to be destroyed, any register, book of marriages, or any part of such register book, with intent

to avoid any marriage, or to subject any person to any of the pe nalties of that statute-is made felony without benefit of clergy.The 52 Geo. III. c. 146. s. 14. inflicts a lighter penalty. It directs, that if any person shall know. ingly and wilfully insert, or cause or permit to be inserted in any such register book of baptisms, burials or marriages, therein described, or in* any copy of any such register directed therein to be transmitted to

the registrars, or in any or lists decla rations, directed therein to be transmitted to the registrars, any false entry of any matter or thing relating to any baptism,burial, or marriage, or shall falsely make, alter, forge, or counterfeit, or cause or procure, or wilfully permit to be falsely made, altered, forged, or counterfeited, any part of any such register, list, or declaration, or of any such copy of any such register; or shall wilfully destroy, deface, or injure, or cause, or procure, or permit to be destroyed, defaced, or injured, any such register book, or any part thereof; or shall knowingly and wilfully sign or certify any copy of any such register, thereby required to be transmitted as therein mentioned, which shall be false in any part thereof, knowing the same to be false, he shall be adjudged a felon, and sentenced to be transported for fourteen years." The offences thus punishable were misdemeanours at common law, and subjected the party to severe imprisonment and fine. 2 Sid. 71,

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