day of March, in the year aforesaid, one A. B. did hold of one J. W. a certain room or apartment, with the appurtenances, being part and parcel of a certain messuage or dwelling-house of him the said J. W. situate in the parish of, &c. by virtue of a certain demise thereof made by and from the said J. W. to the said A. B. at and under the rent of reserved and made payable by the said demise to the said J. W. on the said 25th day of March, in the year aforesaid; and that on the said twenty-fifth day of March, in the year aforesaid, the said sum of was due, in arrear, and unpaid for the rent aforesaid, by virtue of the said demise to him the said J. W. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. on the twenty-sixth day of March, in the year aforesaid, did fraudulently and clandestinely convey and carry off and from the said demised premises his goods and chattels; that is to say, one pewter dish, &c. (here mention the goods,) of the value of the said sum of with intent to prevent the said J. W. the lessor aforesaid, from distraining the same for the arrears of the said rent so reserved, so in arrear, due, and unpaid, as aforesaid, whereupon the said J. W. afterwards, and within the space of five days next ensuing the said conveying and carrying off the same goods, to wit, on the twenty-eighth day of March, in the year aforesaid, at the parish of in the county

aforesaid, did find the said goods and chattels, and the same goods and chattels so found did then and there, in due form of law, seize as a distress for the said rent so due and in arrear as aforesaid, and being also then unpaid, and the said goods and chattels in his custody and possession for the cause aforesaid then and there had; and that the said A. B. late of, &c. labourer, afterwards, to wit, on the same day and year last aforesaid, with force and arms, at the parish last aforesaid, in the county aforesaid, in and upon the said J. W. did make an assault; and the said goods and chattels (so as aforesaid for the cause aforesaid taken and seized) out of the possession and against the will of the said J. W. (m) unlawfully and

(m) By stat. 8 Ann. ch. 14. $. 2. it is enacted, That in case

any lessee of any messuages, lands, or tenements, upon the

of

injuriously did take, rescue, and carry away (the said sum so due for rent as aforesaid, being then wholly due and unsatisfied to the said J. W.) (Conclude as in pr. 33, and add a count for a common assault.)

50. Indictment for assaulting a game-keeper in the execution of his duty.

(Commencement as in pr. 33. to the *,) in the manor of M. into a certain field and close of and belonging to W. S. there lying and being, unlawfully and injuriously did enter, and in and upon one E. F. (then being game-keeper of the said manor duly deputed, authorized, and appointed by G. H. esquire, then and yet being lord of the manor aforesaid,) in the due execution of his duty as a game-keeper of the said manor, then and there also being, did make an assault; and him the said E. F. then and there did beat, wound, and ill-treat, so that his life was greatly despaired of. Conclusion as in pr. 33. and add a count for a common assault.)

51. Indictment for an assault, by casting a person on the ground, and kicking him.

(Commencement as in pr. 33.) and him the said E. F. did then and there beat, bruise, wound, and ill-treat, so

demise whereof any rents shall be reserved or made payable, shall fraudulently and clandestinely convey and carry off from such demised premises his goods or chattels, with intent to prevent the landlord or lessor from distraining the same for arrears of such rent reserved as aforesaid, it shall and may be lawful for such lessor or landlord, or any person by him for that purpose lawfully empowered, within the space of five days next ensuing such conveying away or carrying off

such goods or chattels as aforesaid, to take and seize such goods and chattels, wherever the same shall be found, as a distress for the said arrears of such rent, and the same to sell, or otherwise dispose of, in such manner as if the said goods and chattels had actually been distrained by such lessor or landlord in and upon such demised premises, for such arrears of rent; and by the stat. 11 Geo. 2. c. 19. s. 1. the time is enlarged to thirty days.

that his life was greatly despaired of; and that the said A. B. with both his hands then and there violently cast, flung, and threw the said E. F. to, upon, and against the ground, and him the said E. F. in and upon his head, neck, breast, back, sides, and other parts of his body, with both the feet of him the said A. B. then and there violently and grievously did kick, strike, and beat, giving to the said E. F. then and there, as well by such flinging, casting, and throwing of him the said E. F. as also by such kicking, striking, and beating of the said E. F. as aforesaid, in and upon the head, neck, breast, sides, back, and other parts of the body of him the said E. F. divers bruises, hurts, and wounds. (Conclude as in pr. 33. and add a count for a common assault.)

52. Indictment for an assault, and casting into a pond of water with intent to suffocate.

(Commencement as in pr. 33.)

And him the said G. M. then and there did beat, bruise, wound, and ill-treat, so that his life was greatly despaired of; and that the said A. B. with a certain large stick, which he the said A. B. in his right hand then and there had and held, then and there gave and struck the said G. M. many violent and grievous blows and strokes in and upon his head, neck, arms, breast, and other parts of his body, and did with both the hands of him the said A. B. then and there unlawfully, wickedly, maliciously, and violently, cast, push, fling, and throw the said G. M. into a certain pond, there situate and being, wherein there then was a large quantity of filthy water and mud, and did then and there keep, press down, and, confine the said G. M. in and under the said water and mud for a long space of time, to wit, for the space of five minutes. then next following, with intention him the said G. M. then and there feloniously, wilfully, and of his malice aforethought, to suffocate and drown in the said water and mud, and him the said G. M. by means thereof to kill and murder; by means of which said casting, pushing, flinging, and throwing of him the said G. M. into the said pond as aforesaid, and keeping, pressing down, and confining the said G. M. in and under the said water and and as aforesaid, he the said G. M. was then and there grievously hurt and bruised in his body, and in great danger of being suffocated and drowned in the

said water and mud there: (conclusion as in pr. 33. -Second count: commencement as in pr. 33,) and him the said G. M. then and there did beat, bruise, wound, and ill-treat, so that his life was greatly despaired of; and that the said A. B. with a certain large stick, which he the said A. B. in his right hand then and there had and held, gave and struck the said G. M. many violent blows and strokes in and upon his head, breast, sides, back, and other parts of his body, and thereby greatly cut, bruised, and wounded the head, breast, sides, back, and other parts of the body of the said G. M. by means of which said last-mentioned blows and strokes he the said G. M. became sick, weak, and distempered, and remained and continued so sick, weak, and distempered, for a long time, to wit, from the time of giving and striking the same until the day of taking this inquisition. Conclusion as in pr. 33. and add a count for a common assault.

53. Indictment for a riot, and assault on a surveyor of a turnpike-road in the execution of his office, and for preventing the labourers from working.

That R. W. late of the parish of N. in the county of M. labourer, C. W. late of the same place, labourer, &c. (the names and additions of the rioters who are known) and divers other evil-disposed persons, to the number of forty and more, to the jurors aforesaid as yet unknown, being rioters, routers, and disturbers of the peace of our lord the now king, and not regarding the laws and statutes of this kingdom, on, &c. with force and arms, at, &c. unlawfully, riotously, routously, and tumultously did assemble and meet together", to disturb the peace of our said lord the king, and to hinder and retard the due execution of a certain act of parliament made and passed in the thirty-first year of the reign of his late majesty George the second, late king of England, intituled (n) "An act for repairing the road from the village of M. to the bridge-foot at the town of C. in the counties of M. and Gloucester," and to hinder, oppose, and stop certain workmen then employed in and about the working and making a certain turnpike-road, in pursuance of the said act of

(a) Care must be taken to set out the proper title of the act.

parliament, in and through a certain place in the parish aforesaid, called the marshes; and that, being so assembled and met together as aforesaid, they the said R. W. &c. (the names of all the rioters who are known) together with the said other evil-disposed persons, to the jurors aforesaid as yet unknown, then and there unlawfully, riotously, routously, and tumultously did hinder, oppose, and stop the said workmen, so employed as aforesaid, from proceeding in and performing the said work, and then and there unlawfully, riotously, routously, and maliciously did make an assault upon one R. T. (then and there being a surveyor of the said turnpike-road, within the district of N. in the said act mentioned, duly appointed by (0) nine at least of the trustees acting within the said district, in pursuance of the said act of parlia ment, at a meeting of the said trustees then lately before held within the said district, under their hands and seals, for the viewing the condition of the said roads within the said district to be made, repaired, and amended, in pursuance of the said act, and to see that the same were repaired, and for other services in the said act mentioned and expressed) in the due execution and performance of his said office then and there being, and him the said R. T. then and there unlawfully, riotously, routously, and maliciously did beat, bruise, wound, and ill-treat, so that his life was greatly despaired of; and other wrongs to the said R. T. then and there unlawfully, riotously, and routously did, to the great damage, danger, and fear of the said R. T. to the great hindrance and obstruction of the said workmen in the execution and performance of the said work, in contempt, &c. and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said R. W. &c. (as before) afterwards, to wit, on, &c. with force and arms, at the parish aforesaid, in the county of M. aforesaid, in and upon the said R. T. (then and there being surveyor of the said turnpike-road within the district of N. aforesaid, duly appointed according to the directions of the above-mentioned act) in the due execution and performance of his said office, then and there being, did make an

(0) As the words of the act may be; but it does not appear to be necessary to set out the appointment specially. See

p. 151, 152. R. v. Hollond, 5 T. R. 623. 4 T. R. 366. and see the second count.