Indictment for refusing to serve the office of overseer of the poor.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., shoemaker, on the third day of May, in the third year of the reign of our sovereign lord George the fourth, and long before, was and still is a substantial householder in the parish aforesaid in the county aforesaid, and an inhabitant and resiant in the said parish, and a fit and able person to execute the office of overseer of the poor for the said parish; and that the said J. S., on the day and year aforesaid, at the parish aforesaid in the county aforesaid, by warrant under the hands and seals of A. C. esquire, and J. P. clerk, two of the justices of our said lord the King assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county (one of the said justices being of the quorum, and both of the said justices then dwelling in [or near] the parish aforesaid in the county aforesaid), was lawfully nominated and appointed to be one of the overseers of the poor of the said parish, according to the direction of the statute in such case made and provided; whereof the said J. S. afterwards, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, had notice. Nevertheless the said J. S., not regarding his duty in that behalf, but contriving and intending to render the said warrant of appointment of no effect, afterwards, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, unlawfully, wilfully, obstinately, and contemptuously did refuse, and from thence continually until the day of the taking of this inquisition, unlawfully, wilfully, obstinately, and contemptuously hath refused, and still doth refuse, to take upon himself and execute the said office of overseer of the poor of the said parish, to wit, at the parish aforesaid in the county aforesaid: contrary to his duty in that behalf, to the great damage of the said parish and the parishioners thereof, in delay of the provision for and care of the poor of the said parish, in contempt of our lord the King and his laws, to the evil example of all others in the like case offending, against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity. See the precedents, 4 Went. 338. 349. In stating the appointment, let the terms of the warrant be particularly attended to.

Evidence.

Produce the warrant, and prove it.

Prove that the de

fendant had notice of it, as mentioned in the indictment. And prove either that he actually refused to execute the office; or that he did not afterwards execute it, from which his refusal to execute it will be implied. The same causes of exemption from serving the office of constable, are in general equally applicable to the office of overseer of the poor. See ante, p. 384,

BOOK II.

PART III.

Conspiracy.

Indictment for a conspiracy to charge a man with a crime.

Middlesex, to wit: The jurors for our lord the King upon their oath present, that J. S., late of the parish of B. in the county of M., labourer, and A. his wife, and J. W. late of the same, carpenter, and E. W. late of the same, labourer, being evil disposed persons, and wickedly devising and intending not only to deprive one J. N. of his good name, fame, credit, and reputation, but also to subject him, as far as in them lay, to the pains and penalties by the laws of this kingdom made and provided against, and inflicted upon persons guilty of [rape] on the third day of May, in the third year of the reign of our sovereign lord George the fourth, with force and arms, at the parish aforesaid in the county aforesaid, did amongst themselves conspire, combine, confederate, and agree together, falsely to charge and accuse the said J. N., that he the said J. N. had then lately before [feloniously ravished and carnally known the said A., violently and against her will and consent]. AND THE JURORS AFORESAID upon their oath aforesaid, do further present, that the said J. S. and A. his wife, and J. W., and E. W., afterwards, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, in pursuance of and according to the said conspiracy, combination, confederacy, and agreement amongst themselves had as aforesaid", [here set out the overt acts as in high treason; see ante, p. 265 et seq.; introducing the second, and each of the subsequent overt acts,

thus: And the jurors aforesaid upon their oath aforesaid, do further present, that in further pursuance of, and according to the said conspiracy, combination, confederacy, and agreement amongst them the said J. S. and A. his wife, and J. W., and E. W., had as aforesaid, they the said &c. on &c. at &c. &c. As thus, (continuing the indictment from the above *):] falsely and unlawfully, in the presence and hearing of divers persons, did charge and accuse the said J. N. with and of the rape aforesaid. AND THE JURORS AFORESAID upon their oath aforesaid, do further present, that in further pursuance of and according to the said conspiracy, combination, confederacy, and agreement amongst them the said J. S. and A. his wife, and J. W. and E. W. had as aforesaid, she the said A. afterwards, to wit, on the day and year aforesaid, at the parish aforesaid in the county aforesaid, did upon her oath falsely charge and accuse the said J. N. before A. C. esquire, then and yet being one of the justices of our said lord the King, assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county, that he the said J. N. had then lately before feloniously ravished and carnally known her the said A., violently, and against her will and consent. AND THE JURORS AFORESAID upon their oath aforesaid do further present, that in further pursuance of and according to the said conspiracy, combination, confederacy, and agreement amongst them the said J. S. and A. his wife, and J. W., and E. W. had as aforesaid, she the said A., by the name of A. the wife of J. S., afterwards, to wit, at the General Quarter Sessions of the peace of our said lord the King, holden at the New Sessions House on Clerkenwell Green, in and for the county of Middlesex aforesaid, on Monday the day of May, in the year aforesaid, before A. B., and C. D. esquires, and others their associates, justices of our said lord the King, assigned to keep the peace of our said lord the King in and for the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdeeds committed in the said county, did falsely exhibit a certain bill, commonly called a bill of indictment, against the said J. N., by the name and addition of J. N. late of the parish of C. in the county of M. yeoman, to P. C. esquire, [here insert the names of the grand jurors to whom the indictment for rape was exhibited] good and lawful men of the said county, then and there sworn, and charged to enquire for our said lord the King, for the body of the said county, which said bill was by the said jurors then and there returned into the said court, before the justices of our lord the King last aforesaid, and others their fellows aforesaid, thus indorsed : "Not found:" which said bill is in these words, that is to say: [here set out the indictment verbatim; and you may then add, with intent to obtain and acquire to them the said J. S. and A. his

wife, and the said J. W. and E. W., of and from the said J. N. divers sums of money for compounding the said pretended felony and rape so falsely charged upon the said J. Ñ. as aforesaid if this be the fact, and that there will be no difficulty in proving it]: to the great damage, scandal, infamy, and disgrace of the said J. N., to the evil example of all others in the like case offending, and against the peace of our lord the King, his crown and dignity. See the following precedents: a conspiracy to charge a man with forgery, 4 Went. 96, sodomy, C. C. C. 126, larceny, C. C. C. 135. and see 3 Bur. 1320, receiving stolen goods, C. C. C. 125, poisoning horses, 4 Went. 98.

Fine or imprisonment, or both.

A conspiracy is an agreement between two or more persons, -1. falsely to charge another with a crime punishable by law, either from a malicious or vindictive motive or feeling towards the party, or for the purpose of extorting money from him ;2. wrongfully to injure or prejudice a third person, or any body of men, in any other manner ;-3. to commit any offence punishable by law;-4. to do any act with intent to pervert the course of justice ;-5. to effect a legal purpose, with a corrupt intent, or by improper means;-6. to which may be added, conspiracies or combinations by journeymen to raise their wages, &c.

Thus, under the first head,-a conspiracy to charge a man falsely with treason, felony, or misdemeanor, is indictable; but it is not an indictable offence, for two or more persons to consult and agree to prosecute a person who is guilty, or against whom there are reasonable grounds of suspicion. R. v. Best, 1 Salk. 174.

Under the second head,-a conspiracy to impose pretended wine upon a man, as and for true and good Portugal wine, in exchange for goods; R. v. Macarty & al., 2 L. Raym. 1179; a conspiracy by a female servant and a man whom she got to personate her master and marry her, in order to defraud her master's relations of a part of his property after his death; R. v. Taylor & al., 1 Leach, 37; a conspiracy to injure a man in his trade or profession; R. v. Eccles, 1 Leach, 274; a conspiracy to charge a man as the reputed father of a bastard; 1 Hawk. c. 72. s. 2; a conspiracy to raise the prices of the public funds by false rumours, as being a fraud upon the public; 3 M. & S. 67; a conspiracy by persons to cause themselves to be reputed men of property, in order to defraud tradesmen ; R. v. Roberts & al. 1 Camp. 399; a conspiracy to defraud the public by issuing and negotiating bills in the name of a fictitious and pretended banking firm; R. v. Hevey & al., 2 East, P. C. 858; a conspiracy by violence, threats, contrivance, or other sinister means, to procure the marriage of a pauper of one parish to a pauper of another, in order to charge one of the parishes with the maintenance of both: R. v. Tarrant, 4 Bur.