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after the issuing of the said commission against him, and aiter he was so adjudged and declared a bankrupt as aforesaid, and had notice thereof as aforesaid, to wit, on the 21st day of November, in the 51st year of the reign aforesaid, in the parish of W. aforesaid, in the county of Y. aforesaid, wilfully, fraudulently, and feloniously, and with intent to defraud bis the said I. Si's creditors in that behalf, did conceal and embezzle part of his said personal estate, to the value of 20 pounds and more, the same or any part thereof not being the necessary wearing apparel of himself, his wife, or children, that is to say, (set out the goods,) with intent to defraud his the said I. S.'s creditors, against the form, &c. and against the peace, &c.
(2nd count, in describing the commission, alleges that, "à certain commission under the great seal, founded upon the statutes made and provided against bankrupts, was duly awarded and issued out against the said I. S. by the name and description of, &c. bearing date at Westminster, on, &c." omits the averment that the commissioners took the oath, &c. omits also to allege the appearance of I. S. on the first examination, as from * to **, omits to negative any disclosure on the second examination, as from * to **, omits to allege the appearance and examination of I. S. on the third examination, as from * to **; and in stating the last examination, after the * alleges, “and the jurors, &c. the said I. S. did not, upon such bis said last examination, or afterwards, or at any time whatsoever, before the major part of the said commissioners in the said last-mentioned commission named and authorised,” and proceeds as in the 1st count, from the $, p. 549.
3rd count states the trading, the debt, the becoming a bankrupt, that a commission was duly awarded and issued out, directed to, &c. whereupon, he was, by the Inajor part, &c. duly declared to be a bankrupt--110tice to the bankrupt--notice in the Gazette the appearance on the 21st, until which day the final examination of bim the said I. S. was duly adjourned and postponed--and the omission to disclose and discover, &c. then or within 42 days after the said notice, or at any time or place, &c, as in the first count.
170. Indictment, under the Black Act, for breaking down
the head and mound of a fish pond, whereby the fish were lost (c).
(Commencement as in pr. 1.) The head and mound of a certain tish-pond, in a certain orchard belonging to M. N. there situate and being, unlawfully, maliciously (d), and feloniously did break down, whereby the fish in the same pond then and there being, were then and there lost and destroyed, to the great damage, &c. against the form, &c. and against the peace, &c.
171. For maliciously cutting down trees, &c. (e). (Commencement as in pr. 1.) Unlawfully, maliciously,
(c) Under the stat. 9 G. 1. Leach, 594. Kean's case, ib. C. 22. see note, p. 439. This 595. 609. Shepherd's case, 2 stat. prescribes a peculiar mode Leach, 609. Ranger's case, of compelling offenders agaiust East. P. C. 1074. it to appear: upon inforina- (e) Under the saine stat, see tion upou oath, before two note, p. 439. or more justices, of such of- The stat. 6 G. 3. c. 36. refence committed, such jus- citing that divers persons had tices shall certify such infor- of late years wilfully and mamation to one of the principal liciously cut down, barked, secretaries of state; upon which or otherwise destroyed timber his majesty in privy council trees, &c. enacts, that every may make an order, requiring person who shall, in the nightthe offender to surrender with- time, lop, top, cut down, in the space of 40 days, to any break, throw
throwdown, bark, justice of the K. B. or of the burn, or otherwise spoil or depeace; such order to be pub- stroy, or carry away, any oak, lished, &c. and proclaimed, beech, ash, elm, fir, chesnut, or &c. and in case the offender asp, timber tree, or other tree neglect, &c. he shall be ad- or trees standing for timber, or judged to be convicted and at- likely to become timber, withtainted of felony.
out the consent of the owner or (d) The malice must be per- owners thereof first had and sonal against the owner of the obtained, shall be deemed and property. Pearce's case, 2 be construed to be guilty of and feloniously did cut down and destroy ten ash trees, planted in a certain avenue to the dwelling-house of one M. N. and then growing for ornament there, (he the said M. N. then and there being the owner (f) of the said trees), to the great damage of the said M. N. against the form, &c. and against the peace, &c.
172. Indictment for forcibly rescuing a person from a
constable, charged with feloniously sending a letter, without a name subscribed, demanding money (g).
That on, &c. at, &c. one C. D. was brought by E. F. then being one of the constables of the same parish, before M. N.esq. then and yet being one of the justices of our said lord the king, assigned to keep the peace of our said
felony, and liable to be trans- like manner, shall be guilty of ported for 14 years; aiders, felony, and the court shall have abettors, and receivers, to be authority to transport him for liable to the same punishment. seven years.
By stat. 6 G. 3. c. 48. every By sec. 2. all oak, beech, person, who shall wilfully cut chesnut, walnut, ash, elm, ceor break down, bark, burn, dar, fir, asp, lime, sycamore, pluck up, lop, top, crop, or and birch trees, shall be taken otherwise deface,damage, spoil, to be timber trees, within the or destroy, or carry away, any meaning of the act; and so by timber tree or trees, or trees stat. 13 G. 3. c. 33. are poplar, likely to become timber, or any alder, larch, maple, or hornpart thereof, or the lops or tops beam. thereof, without the consent of Under the former of these the owner
or owners thereof acts, the offence, to amount to first had, or in any of his ma- a felony, must be committed jesty's forests or chases, with in the night-time, and the tree out the consent of the surveyor must be of the value of 55.; or surveyors, or his or their de- otherwise it amounts to no me puty or deputies, or person or than a misdemeanor, punishipersons entrusted with the care able under the latter act, unless of the same, shall, ou convic- indeed the offence be repeated tion, forfeit not exceeding 201. after a second conviction. See &c. together with the charges R. v. Hitchcock and Blowe, of such conviction; and upon
East, P. C. 588. non-payment thereof, be im- (f) The name of the owner prisoned, &c.; for a second of- is essential. See R. v. Patrick fence, not exceeding 301. &c.; and Pepper, Leach, 287. and and if he shall be guilty of the supra, p. 194. like offence a third time, and (g) Under the Black Act, shall be convicted thereof in 9 G. 1. c. 22. s. 1. see p. 439.
lord the king, in and for the said county of M. and also to hear and determine divers felonies, trespasses, and other misdemeanors committed in the same county; and that the said C. D. then and there was charged upon the oath of G. H. with feloniously, knowingly, and maliciously sending a certain letter, without any name subscribed thereto, to E. A. demanding money from the said E. A. and the said C. D. was then and there examined before the said M. N. the said justice, touching and concerning the aforesaid felony, and thereupon the aforesaid M. N. the said justice, then and there, in due form of law,did make a certain warrant under his hand and seal, bering date, &c. directed, &c. (set out the warrant) which same warrant, afterwards, to wit, on, &c, at, &c.was delivered to the said E. F. then and there being an officer, that is to say, then and there being one of the constables of the said parish, and the said E. f. him the said C. D. in bis custody, by virtue of the said warrant, and for the cause aforesaid, then and there had; and that the said C. D. late of, &c. labourer, A. B. late of the same, labourer, afterwards, to wit, on, &c. with force and arms, at, &c. in and upon the said E. F. (then and there being constable as aforesaid, and then and there lawfully having the said C. D. in his custody, by virtue of the said warrant, for the cause aforesaid,) in the peace of God and our said lord the king, and in the due execution of his said office, then and there being, feloniously did make an assault; and that the said A. B. the said C. D. out of the custody of the said E. F. and against the will of him the said E. F. then and there, with force and arms, unlawfully, forcibly, and feloniously, did rescue and put at large, to go where he would, to the great bindrance of justice, in contempt of our said lord the king and his laws, against the form, &c. and against the peace, &c.
173. Indictment for feloniously and maliciously killing a
gelding (h). One black gelding, of the price of fourteen pounds, of the goods and chattels of one C. D. in a certain field belonging to him the said C. D. then and there being, felo
(h) Under the same stat, see are expressly mentioned in p. 439. The word cattle iu- stat. 22 & 23 C. 2. c. 7. see clydes sheep and horses, which East. P. C. 1074.
niously, unlawfully, wilfully, and maliciously (h), thenand there did kill and destroy, to the great damage of him the said C. D. against the form, &c. and against the
174. Indictment for maliciously wounding a cow (i).
One cow, of the price of seven pounds, of the goods and chattels of C. D. then and there being, feloniously, unlawfully, wilfully, and maliciously (h) did wound, to the great damage of the said C. D. against the form, &c. and against the peace, &c.
175. For maiming a gelding (i). With a certain sharp instrument, called a bill-book, made of iron and steel, which he the said A. B. in bis right hand then and there bad and held, feloniously, unlawfully, wilfully, and maliciously (h), did strike a certain gelding, then and there being, of the price of twenty pounds, of the goods and chattels of C. D. in and upon the left shoulder of the said gelding, giving to the said gelding thereby, by such striking as aforesaid, in and upon the said left shoulder of the said gelding, one deep wound of the breadth of five inches, and of the depth of four inches, and thereby did then and there feloniously, unlawfully, wilfully, and maliciously, maim and wound the said gelding, against the form, &c. and against the
176. Indictment for cutting with intent to resist the lawful
apprehension of the defendant for an offence (k). That T. R. late of the township of B. in the county of Lancaster, labourer, on, &c. with force and arms, at the
() The malice must be per- persons shall, either in Engsonal against the owner, see p. land or Ireland, wilfully, ma351. n. (d).
liciously, and unlawfully shoot (i) Under the same stat. see at any of his majesty's subp. 439. See East. P. C. 1077. jects; or shall wiifully, mali
(k) By 43 G. 3. c. 58.s. 1. it is ciously, and uplawfully preenacted, that if any person or 'sent, point, or level any kind