after the issuing of the said commission against him, and after 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 his the said I. S.'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, "a 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 his 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 major part, &c. duly declared to be a bankrupt-notice to the bankrupt-notice in the Gazette-the appearance on the 21st, until which day the final examination of him 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. MALICIOUS MISCHIEF. 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 certam 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. c. 22. see note, p. 439. This stat. prescribes a peculiar mode of compelling offenders against it to appear: upon information upou oath, before two or more justices, of such offence committed, such justices shall certify such information to one of the principal secretaries of state; upon which his majesty in privy council may make an order, requiring the offender to surrender within the space of 40 days, to any justice of the K. B. or of the peace; such order to be published, &c. and proclaimed, &c. and in case the offender neglect, &c. he shall be adjudged to be convicted and attainted of felony. (d) The malice must be personal against the owner of the property. Pearce's case, 2 Leach, 594. (e) Under the same stat. see note, p. 439. The stat. 6 G. 3. c. 36. reciting that divers persons had of late years wilfully and maliciously cut down, barked, or otherwise destroyed timber trees, &c. enacts, that every person who shall, in the nighttime, lop, top, cut down, break, throw down, bark, burn, or otherwise spoil or destroy, or carry away, any oak, beech, ash, elm, fir, chesnut, or asp, timber tree, or other tree or trees standing for timber, or likely to become timber, without the consent of the owner or owners thereof first had and obtained, shall be deemed and 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 transported for 14 years; aiders, abettors, and receivers, to be liable to the same punishment. By stat. 6 G. 3. c. 48. every person, who shall wilfully cut or break down, bark, burn, pluck up, lop, top, crop, or otherwise deface,damage, spoil, or destroy, or carry away, any timber tree or trees, or trees likely to become timber, or any part thereof, or the lops or tops thereof, without the consent of the owner or owners thereof first had, or in any of his majesty's forests or chases, without the consent of the surveyor or surveyors, or his or their deputy or deputies, or person or persons entrusted with the care of the same, shall, on conviction, forfeit not exceeding 20. &c. together with the charges of such conviction; and upon non-payment thereof, be imprisoned, &c.; for a second offence, not exceeding 301. &c.; and if he shall be guilty of the like offence a third time, and shall be convicted thereof in like manner, shall be guilty of felony, and the court shall have authority to transport him for seven years. By sec. 2. all oak, beech, chesnut, walnut, ash, elm, cedar, fir, asp, lime, sycamore, and birch trees, shall be taken to be timber trees, within the meaning of the act; and so by stat. 13 G. 3. c. 33. are poplar, alder, larch, maple, or hornbeam. Under the former of these acts, the offence, to amount to a felony, must be committed in the night-time, and the tree must be of the value of 5s.; otherwise it amounts to no more than a misdemeanor, punishable under the latter act, unless indeed the offence be repeated after a second conviction. See R. v. Hitchcock and Howe, East. P. C. 588. (f) The name of the owner is essential. See R. v. Patrick and Pepper, Leach, 287. and supra, p. 194. (g) Under the Black Act, 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 his 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 p. 439. The word cattle includes sheep and horses, which are expressly mentioned in stat. 22 & 23 C. 2. c. 7. see 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 peace, &c. 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-hook, made of iron and steel, which he the said A. B. in his right hand then and there had 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 peace, &c. 176. Indictment for cutting with intent to resist the lawful apprehension of the defendant for an offence (k). 1 That T. R. late of the township of B. in the county of Lancaster, labourer, on, &c. with force and arms, at the (h) The malice must be personal against the owner, see p. 351. n. (d). (i) Under the same stat. see p. 439. See East. P. C. 1077. (k) By 43 G. 3. c. 58. s. 1. it is enacted, that if any person or persons shall, either in England or Ireland, wilfully, maliciously, and unlawfully shoot at any of his majesty's subjects; or shall wilfully, maliciously, and unlawfully present, point, or level any kind |