April in the year of our Lord one thousand seven hundred and ninety-nine, to make out, as such assessor as aforesaid, and deliver to the commissioners for putting in execution the acts relative to the duties placed under the management of the commissioners for the affairs of taxes acting in and for the said hundred of H. in the said county of W. improper and imperfect assessments of the rates and duties hereafter next mentioned, for the year commencing on the 5th day of April, in the year of our Lord one thousand seven hundred and ninetynine, and to omit in such assessments the names of some of the inhabitants of E. aforesaid, then residing and being there, and liable to be charged in the said last mentioned year, to certain rates and duties imposed by the statutes in that case made and provided, upon houses, windows, and lights, and upon inhabited houses, and upon male servants, carriages, horses, mules, and dogs, or to some or one of such duties; and nevertheless to collect from the persons omitted in such assessments as aforesaid, the amount of the rates and duties aforesaid, [*140] wherewith the said persons so omitted in the said assessments* as aforesaid were chargeable, without the knowledge of the said commissioners, and to convert the money so collected and received to his own use; and that the said W. N. in pursuance of such unlawful solicitations, incitement, and persuasion as aforesaid, afterwards, to wit, on, &c. at, &c. aforesaid, then being such assessor as aforesaid, and acting as such for E, aforesaid, did make improper and imperfect assessments of the rates and duties aforesaid, and did in such assessments then and there omit the names of some of the inhabitants of E. aforesaid, then residing there, and liable to be charged to the said rates and duties for the year commencing on the fifth day of April, in the year of our Lord one thousand seven hundred and ninety-nine, and did afterwards, to wit, on the first day of January, in the year of our Lord one thousand eight hundred, at, &c. collect from some of the said inhabitants whose names were so omitted as aforesaid, the amount of the rates and duties chargeable upon them as aforesaid, or some part thereof, and convert the money so collected as aforesaid, to his own use; the said B. thereby intending to defraud his majesty of the said rates and duties, in contempt of, &c. to the evil example, &c. and against the peace, &c. And the said coroner and attorney for our said lord the king who prosecutes as aforesaid, further gives the court to understand and be informed, that the said B. being such surveyor as aforesaid, and acting as such surveyor for the hundred of A. in the county afores d, afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, contrary to the duty of his said office, falsely, subtilly, unlawfully, and wickedly did solicit, incite, and endeavour to prevail on the said W. N. then and there being an assessor and collector as aforesaid, in the said hundred of H. in the county aforesaid, to make in and for E. aforesaid, in the said hundred of H. in the county of W. Second count. 1 [*141] improper and imperfect assessments for the rates and duties hereinafter next mentioned, for the year commencing on the fifth day of April, one thousand seven hundred and ninetynine, and to omit in such assessments, the names of some of the inhabitants of E. aforesaid, then residing and being there and liable to be charged in the year last aforesaid, to certain rates and duties imposed by the statutes in such case made and provided, upon houses, windows, and lights, and upon male servants, carriages, horses, mules, and dogs, or to some or one of such duties; and that the said W. N. in pursuance of such unlawful incitement and solicitation as aforesaid, afterwards, to wit, on, &c. being such assessor as aforesaid, and acting as such for E. aforesaid, at, &c. aforesaid, did make improper and imperfect assessments for the rates and duties last mentioned, and did in such assessments then and there omit the names of some of the inhabitants of E. aforesaid,* then residing there and liable to be charged to the said rates and duties for the said year, he the said B. thereby wickedly and unlawfully intending to defraud his said majesty of the said rates and duties, in contempt of, &c. to the evil example, &c. and against the peace, &c. And the said coroner and attor- Third count. ney of our said lord the king, who prosecutes as aforesaid, further gives the court here to understand and be informed, that the said B. S. being such surveyor as aforesaid, and whilst he was acting as such afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, contrary to the duty of his said office did unlawfully, wickedly, and corruptly solicit, incite, and endeavour to persuade one W. N. then being an assessor of the said rates and duties for E. aforesaid, to make improper assessments for the said rates and duties, and to omit to assess some of the inhabitants resident in E. aforesaid, and liable to be assessed to the said rates and duties, or some or one of them, for the year commencing on the fifth day of April, in the year of our Lord one thousand seven hundred and ninetynine, and the said W. N. afterwards, to wit, on &c. aforesaid, at, &c. aforesaid, did in pursuance of such incitement and solicitation as aforesaid, make improper assessments for the said rates and duties for E. aforesaid, and did then and there omit to assess some of the said inhabitants of E. aforesaid, then residing there and liable to be assessed to the said rates and duties or some or one of them, he the said B. intending thereby to defraud his said majesty of the several rates and duties aforesaid, in contempt, &c. to the evil example, &c. and against the peace, &c. [Conclusio of information as ante 6.] That Josep Blackburn, late of, &c. and Thomas Waine- On 12 Geo. wright, late of, &c. on, &c. with force and arms at, &c. felo- II. c. 48. for felony in cutniously did fraudulently cut, tear, and get off a certain stamp, ting off whereby a certain duty, to wit, a duty of £2. payable by and stamps with under the statute in that case made and provided, was then and intent to put there denoted to be paid from a certain piece of parchment, with other deeds. them upon Second count, vary ing from the first in the lic. intent to use such stamp for a certain other writing, in respect whereof certain duties, to wit, duties to the amount of £4. 10s. were then and there payable by and under a certain act of parliament made and passed in the 48th year of the reign of our said lord the now king, intituled, "An act for repealing the stamp duties on deeds, law proceedings, and other written or printed instruments, and the duties on legacies and successions to personal estate upon intestacies now payable in Great Britain, and for granting new duties in lieu thereof," contrary to the form of the statute, &c. and against the peace, &c. And the jurors aforesaid, on their oath aforesaid do further present, that the said J. B. and T. W. on, &c. with force and arms at, &c. feloniously did fraudulently cut, tear, and get off, [*142] a certain other* stamp, in respect whereof a certain duty, to words in ita- wit, a duty of £2. had been payable by and under the statute in that case made and provided, from a certain piece of parchment with intent to use such stamp for a certain other writing, in respect whereof certain other duties, to wit, duties to the amount of £4. 10s. were then and there payable, by and under the said act made and passed in the 48th year aforesaid, contrary to the form, &c. and against the peace, &c. Third count, in the words in italics. And the jurors aforesaid, upon their oath aforesaid do furvarying from ther present, that the said Joseph Blackburn and Thomas the first only Wainwright, on, &c. with force and arms at, &c. aforesaid, feloniously did fraudulently cut, tear, and get off, a certain other stamp, whereby a certain duty, to wit, a duty of £2. payable by and under the statute in that case made and provided, was then and there denoted to be paid from a certain piece of parchment with intent to use such stamp for a certain other writing in respect whereof a certain other such duty, to wit, another duty of £2. was then and there payable by and under the said act made and passed in the 48th year aforesaid, contrary to the form of the statute in that case made and provided, and against the peace of our lord the king, his crown and dignity. Fourth count, like first, but which the stamp was intended to That the said defendants on, &c. with force and arms at, &c. feloniously did fraudulently cut, tear and get off a certain stating the other stamp whereby a certain duty, to wit, the duty of two parties to the pounds, payable by and under the statute in that case made indenture to and provided, was then and there denoted to be paid from a certain piece of parchment with intent to use such stamp for a certain other writing, that is to say, another writing purporting to be an indenture made between W. R. and S. S. H. of the first part, J. B. of the second part C. S. of the third part, and J. C. of the fourth part, and to be dated the twenty-ninth day of May, in the year, &c. in respect whereof certain other duties, to wit, duties to the amount of £4. 10s. were then and there payable by and under the said act, made and passed in the 48th year aforesaid, contrary to the form, &c. and against the peace, &c. be affixed. Fifth count like the second, but stating the parties to the deed as in the fourth count. Sixth count like the third, stating the parties to the deed as in fourth. count, and And the jurors aforesaid upon their oath aforesaid do fur- Seventh ther present that the said J. B. on, &c. aforesaid with force count, against J. B. and arms at, &c. aforesaid, feloniously, did fraudulently cut, for getting tear and get off a certain other stamp whereby a certain duty, off the stamp to wit, a duty of two pounds payable by and under the statute as in first in that case made and provided, was then and there denoted to against T. W. be* paid from a certain piece of parchment with intent to use [*143] such stamp for a certain other writing in respect whereof cer- for aiding tain other duties, to wit, duties to the amount of £4. 10s. were and abetting then and there payable by and under the said act made and passed in the 48th year aforesaid, contrary to the form, &c. and against the peace of, &c. And the jurors, &c. do further say that the said T. W. then and there, to wit, on the said, &c. at, &c. aforesaid, feloniously, knowingly and wilfully did aid, abet and assist the said J. B. to commit the said last mentioned offence, contrary to the form, &c. and against the peace, &c. 8th count, same as 2nd, against B. alone, and stating that W. aided him as in the 7th. 9th count same as 3rd, against B. stating that W. aided him as in 7th. 10th count, same as 4th, against B. stating that W. aided him as in 7th. 11th count, same as 5th against B. and stating that W. aided him as in 7th. 12th count, like the 6th, with the same addition. 13th count, like the 1st, except in stating that the duty was "payable by and under the statutes in that case made and provided," instead of "by and under the statute, &c." 14th count, like the 2d with the same variation as the last. 15th count, same as 3rd, with the same variation. 16th count, same as 4th with the same variation. 17th count, same as 5th with the same variation. 18th, same as 6th, with the same variation. 19th, 20th, 21st, 22nd, 23rd and 24th were like the 7th, 8th, 9th, 10th, 11th and 12th, with the same variation. him. CHAPTER VIII. FOR OFFENCES AGAINST PUBLIC JUSTICE. [*144] Obstructing* or not assisting Process-Escapes-RescuesContempts in Courts-Returning from Transportation— Taking Money for returning Stolen Goods-Compounding Felonies and other Offences-Barratry and MaintenanceAgainst Justices for Oppression and Misconduct Against Coroners for Negligence and Misconduct-Against Inferior Officers for Negligence and Misconduct-Against Ministerial Officers for not serving-Disobedience of Orders of Justices-Extortion, &c. &c.* For assault ing and ob- FOR OBSTRUCTING OR NOT ASSISTING PROCESS. upon [COMMENCEMENT of indictment as ante 2.] That C. D. late of, &c. on, &c. with force and arms, at, &c. did make an assault A. B. in the peace of God and our said lord the king, then and there being, and also then and there at the reble in secur- quest of one E. P. one of the constables of the said parish of ing a party and of G. H. aiding* and assisting the said E. F. and G. H. in the due and lawful execution of a certain warrant in [145] on a justice's warrant. (a) (a) See other precedents, Trem. P. C. 273. 2 Stark. 544. Cro. C. C. 151. 1 Smith, 555. 5 East, 304.As to the offence. Any obstruction of lawful process, whether it be by ac tive means or the omission of a legal duty, is an indictable offence, 6 T. R. 635. 4 Bla. Com. 129. It is also an offence at common law to obstruct the execution of powers granted by It has been thought advisable to arrange Prosecutions for Perjury in a distinct Chapter. |