said county, any notice to view the body of the said W. D. so lying dead as aforesaid, nor had the said C. F. or W. S. or either of them or any coroner of our said lord the king for the said county, any notice that the body of the said W. D. was so lying dead as aforesaid, neither did the said C. F. or the said W. S. or either of them, or any coroner of our said lord the king for the said county of N. at any time view the body of the said W. D. so lying dead as aforesaid, nor was any inquisition taken on the view of the body of the said W. D. as by law required in that behalf, but the body of the said W. D. was afterwards, to wit, on, &c. unlawfully and contemptuously buried and interred at the township of C. aforesaid, in the county aforesaid, without any view being had of the said body of the said W. D. by the said C. F. or W. S. or either of them or any coroner of our said lord the king, for the said county of N. and without any inquisition being taken on the view of the body of the said W. D. as by law required in that behalf, to the great hindrance of justice, in contempt of our said lord the king, and against the peace, &c. Against a high consta ble for not issuing his precept to the petty constables requiring AGAINST INFERIOR OFFICERS, FOR NEGLIGENCE AND That J. D. and B. B. esquires, then and yet being two of the justices of our said lord the king, assigned, &c. [as ante 182.] at, &c. in the south division of the hundred of P. in the said county of O. duly made their certain warrant in writing under their hands and seals, as such justices as aforesaid, directed to the chief constable of the south division of the hundred of P. in the said county, whereby the* said justices in his majes[*258] ty's name commanded the said constable, on sight thereof, to [*259] issue his precepts to all petty constables and tything men notice to all within the said chief constable's division, strictly requiring victuallers to them to give notice to all victuallers and retailers of ale, beer appear with or other liquors, personally to appear before them, the said ses in order two justices, and such other of his majesty's justices of the to have them peace, of the said county, as should be assembled at the house renewed. (0) them to give their licen (0) See similar forms, 4 Went. 347. and other precedents against constables, 1 T. R. 316. 2 Burr. 801. 5 East, 372. 5 T. R. 607. Cro. C. C. 143, to 145, 151, 154. Cro. C. A. 63, 481. 4 Wentw. 345, 347. Stark. 576, to 584. 2 Ld. Raym. 1189.-The of fence. An indictment lies at common law against all subordinate officers for neglect and misconduct in the discharge of their official duties. See the above precedents and notes. Thus a constable may be indicted for refusing to pursue a felon upon hue and cry on notice. Cro. Eliz. 654. an overseer for refusing to join with his colleagues in making a poor's rate, 1 Stra. 101. and for not obeying an order of justices, 1 T. R. 316. as well as against any other persons for disobedience to such order, 2 Burr. 799. And by 11 Geo. I. c. 4. s. 6. “If any mayor, bailiff, or bailiffs, or other chief officer or officers of any city, of T. P., known by the sign of the King's Arms, at, &c. on, &c. then next by ten of the clock in the forenoon of the same borough, or town corporate, shall voluntarily absent himself or themselves from, or knowingly, and designedly prevent or hinder the election of any other mayor, bailiff, or other chief officer in the same city, borough, or town corporate, upon the day or within the time appointed by charter or ancient usage for such election, the person or persons so offending, being thereof lawfully convicted, shall, for every such offence suffer imprisonment for the space of six months without bail or mainprize, and shall be forever disabled to take, hold, or exercise any office belong ing to the same city, borough, or corporation." But it has been decided, that the voluntary absence of the chief officer of a corporation upon the charter day of the election of his successor is not indictable under this act; unless his presence as such chief officer is requisite, in order to form a corporate assembly with sufficient powers to proceed in the election, 5 East, 372. Where a duty is thrown on a body consisting of several persons, each is individually liable for his own misdeeds or omissions, 5 T. R. 607. An overseer of the poor is also indictable for any wilful neglect of his duty; thus if he relieve where there is no necessity, or neglect to provide for the poor, he is liable to be indicted for a misdemeanour, 2 Nolan, P. L. 260. So if he ill-treat the poor, as by keeping them in filthy and unwholesome rooms, he is liable to be indicted, id. ibid. A refusal to account within four days after the appointment of their successors, and a neglect to make a rate to reimburse constables, is also punishable by the same proceedings, 5 Mod. 179. 2 Salk. 609. Where he is indicted for a heinous offence, the court will not in general quash the indictment, but leave the defendant to take advantage of any error by demurrer or motion in arrest of judgment. The 33 Geo. III. c. 55. s. 1. gives power to two justices at petty sessions to punish constables, and peace and parish officers for neglect of duty.-Indictment. An indictment against officers for contempt in disobeying an order of justices must state that the order was served on all of them; and Crim. Law. if it states that it was served on some of them by name, and on others whom it does not thus designate it will be bad, on demurrer, as it respects all of them, 8 East, 52. In an indictment against a public officer for a breach of duty, it is sufficient to state generally that he is such officer, without setting forth his appointment to the office, 5 T. R. 607. and an allegation that the defendant being such officer, &c. is sufficient, Hawk. b. 2. c. 25. s. 112. Cro. J. 610. 2 Mod. 128. 2 Rol. Rep. 286. Moore, 606. 2 Lev. 229. Raym. 378. Nor is it necessary in an indictment for disobedience of orders, to aver that they were not revoked, for that will be presumed until the contrary appears, 5 T. R. 607. Nor when a public officer is charged with a breach of duty in certain acts within the limits of his office, is it necessary to state that they were within his knowledge, for this will be inferred from the nature of the trust reposed in him, 5 T. R. 607. And though on an indictment for not accepting the office, the appointment must be produced, and parol evidence will not suffice, (1 Stra. 101. 1 Sess. Cas. 141.) yet in indictments for misconduct it may suffice to prove that the defendant has previously acted as such officer, 3 T. R. 635. n. a. 4 T. R. 366. Leach, C. L.. 515. 1 New Rep. 210. Phil. Ev. 78. Where a constable is indicted for not following upon hue and cry, it must be alleged that notice was given him, and the place of notice must be averred, Cro. Eliz. 654, 5. An indictment against a constable, "quia male et negligenter se gessit in executione officii," is too general, and may be quashed on that account, 1 Stra. 2. It seems that an indictment against a constable for not returning the warrant of two justices for levying a forfeiture on a conviction of deer stealing will be good, though the convictions are not set forth at length, and there is no reference to the record, though the venire is not awarded to all the places named in the indictment; and though there is no time or place mentioned in the warrant for its return, 2 Lord Raym. 1189. though Lord Holt thought the last objection fatal, id. 1194, 5. VOL. II. 2 H day, and bring with them respectively, their then respective last licenses, in order then and there respectively to renew the same, and then and there respectively to enter into recognizances, with two sufficient securities, according to the statute, in such case made and provided, and the said chief constable was by the said warrant also required to give notice to the said several petty constables and tything men, that no license to keep an alehouse would be granted to any person not licensed the year then preceding, unless such person should produce at the meeting of the said justices a certificate under the hands of the parson, vicar or curate, and the major part of the churchwardens and overseers, or else of three or four reputable and ́substantial householders and inhabitants of the parish, or place, where such alehouse was to be, setting forth, that such person was of good fame, and of sober life and conversation, and that they the said petty constables and tything men, should respectively give notice to the said victuallers, alehouse keepers, and retailers of ale, beer, and other liquors, that at the said justices' general meeting for that division for renewing their licenses, he the said chief constable would be then and there [*260] ready to make return to them the said✶ justices of his the said chief constable's due execution of the said warrant. And the jurors aforesaid, upon their oath aforesaid, do further present that the said warrant was afterwards, to wit, on, &c. at, &c. within, &c. delivered to one W. R., who then and there, and from thence, until and on, and after the said third day of, &c. next after the said making of the said warrant there, was high constable of the said south division of the said hundred of P. in the said county, to be executed in due form of law; yet that the said W. R., late of, &c. in the said county of O., so being high constable of the said south division, of the said hundred of P., in the said county, not regarding his said duty of high constable as aforesaid, did not at any time after the said warrant was so delivered to him as aforesaid, to be executed in form aforesaid, issue out his precepts to all or any of the petty constables, or tything men, within the said high constable's division, according to the form and effect of the said warrant, as he was by the said warrant commanded, but therein, in contempt of the said warrant he contemptuously and unlawfully wholly failed and made default, contrary to his duty of his said office of high constable of the said division of the hundred of P. aforesaid, against the form and effect of the said warrant of the said then justices, so delivered to him as aforesaid, to the evil example, &c. in contempt, &c. and against the peace, &c. Against a headbo Middlesex. The jurors, &c. that on, &c. at, &c. one J. P. was brought by one J. W. then being one of the headboroughs rough for re- of the same parish before J. S. esquire, there, then, and yet fusing to one of the justices of our said lord the king, assigned, &c. [as ante 182.] and that the said J. P., then and there, was charged convey a person to peace. (p) upon the oath of one S. B. before the said justice for violently prison, com assaulting her in breach of his majesty's peace, which said mitted by a justice of the J. P. then and there was examined before the said J. S., the justice aforesaid, concerning the said offence, so as above charged upon him, upon which and for what the said J. P. could not then find sureties before the same justice, for his personal appearance at the then next general quarter session of the peace, to be holden for the county aforesaid, to answer of and concerning the premises, he the said J. S. being such justice as aforesaid, at, &c. aforesaid, in due form of law, did make a certain warrant under his hand and seal, bearing date, on, &c. directed, &c. (as the direction may be,) to the keeper of bridewell, the same being a certain gaol and prison of our said lord the king, situate and being at, &c. commanding the said keeper that, &c. [set forth the warrant,] which same warrant afterwards, to wit, on the said, &c. at, &c. aforesaid, [*261] was delivered to the said J. W., then being one of the headboroughs of the same parish, and then and there having the said J. P. in his custody for the aforesaid cause, and the said J. W. then and there was required and commanded by the said J. S. the aforesaid justice, immediately to convey the said J. P. to the said gaol and prison, and to deliver the said J. P. to the keeper thereof, together with the aforesaid warrant. And the jurors, &c. do further present, that the said J. W. late of, &c. aforesaid, yeoman, afterwards, to wit, on the said, &c. then as aforesaid, being one of the headboroughs of the same parish, and then having the said J. P. in his custody, for the cause aforesaid, at, &c. aforesaid, unlawfully and contemptuously, did neglect and refuse to convey the said J. P. to the said bridewell, being such gaol and prison as aforesaid, together with the said warrant, as he the said J. W. by virtue of his said office according to law, should and ought to have done, to the great hindrance of justice, to the evil example, &c. and against the peace, &c. himself from That A. B. late of, &c. on, &c. and long before, was, and Against a still is one of the constables of the parish aforesaid, in the constable for not appointcounty aforesaid, and that the aforesaid A. B. by reason of his ing any office aforesaid, ought to appoint sufficient watch to be kept watch, and through the whole night by men, being inhabitants of the same absenting parish, in convenient places within the parish aforesaid, for the watching.(4) preservation of the peace of our said lord the king, and for the apprehending of malefactors and suspicious persons; nevertheless the said A. B. so being such constable, and neglecting his duty in this behalf, in the night of the aforesaid ninth day of August, in the year aforesaid, or in any part of the same night at the parish aforesaid, in the county aforesaid, did not (p) See precedent, Cro. C. C. 7th Ed. 290, ante 257, 8 note (o). (q) See form, Cro. C. C. 7th Ed. 295, see ante 257. 8. note (o). appoint any watch to be kept by men, being inhabitants of the same parish, within the parish aforesaid, but then and there the whole night aforesaid, from his said office, voluntarily and obstinately did absent himself, and contemptuously did make default therein, in contempt, &c. to the evil example, &c. and against the peace, &c. Against a That F. F., late of the parish, &c. on, &c. and long before constable for was constable of the said parish of, &c. and that divers tresneglecting to return his passes, offences, ill deeds and misdemeanours, presentable by present- the said F. F. as such constable as aforesaid, on the said, &c. ments at the and on divers other days and times during the time the said assizes. (r) F. F. was so constable of the said parish of R. as aforesaid, [*262] against the peace of our said lord the king, were done and committed within the said parish of R., to wit, at, &c. aforesaid, yet that the said F. F. well knowing the same, but not regarding the duty of his said office, on, &c. aforesaid, at, &c. aforesaid, unlawfully and contemptuously, did neglect and refuse to make and return to the honourable H. B. esquire, one of the justices of our said lord the king, of his court of common pleas at Westminster, and W. N. esquire, one other of the justices of our said lord the king, of the same court, and others their fellows, justices of our said lord the king, of oyer and terminer, at the assizes and general sessions of oyer and terminer of our said lord the king, then and there holden before the said justices for the said county, by virtue of his majesty's letters patent to them, for that purpose directed an account in writing of those trespasses, offences, ill deeds and misdemeanours, and of all other articles and things by him presentable as such constable as aforesaid, and which return he the said F. F. was by virtue of his office aforesaid, and by the laws and customs of this realm obliged, (or "bound,") to have made to the said justices at the assizes and general session of oyer and terminer aforesaid, to the great hindrance of justice, in contempt, &c. and against the peace, &c. Against a That C. R. late of the liberty, &c. on, &c. and long before constable for being constable of the liberty aforesaid, in the county aforesaid, not present- and then well knowing a certain part of the king's common ing the inhabitants of a and ancient highway, called, &c, used for all the subjects of parish for our said lord the king and his ancestors, with their horses, coaches, carts, and carriages, to go, return, pass, ride and labour at their will, and lying within the liberty aforesaid containing in length twenty yards, and in breadth eight yards, then and long before to have been very ruinous, miry, deep, broken, and in great decay for want of due reparation and not repairing a high way. (8) (r) See form, Cro. C. C. 8th Ed. 154. In a form in 2 Stark. 580. it is not alleged that any offences had been committed, see ante 257, 8. note (o). (s) Cro. C. C. 7th Ed. 288. ante 257, 8. note (o). |