For refusing to execute the office of his duty in that behalf, then, to wit, in the night of the same That J. H. late of the parish of C. in the county aforesaid, serge maker, on, &c. and long before was and still is a substanoverseer. (e) tial housekeeper and residing within, &c. aforesaid, and a proper [*279] and able* person to serve the office of an overseer of the poor of the said parish: and that the said J. H. on the said, &c. by warrant under the hands and seals of J. C. clerk, 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 of Devon, (one of them, to wit, the said J. C. then being one of the quorum) was lawfully nominated and appointed one of the overseers of the poor of the said parish for one year, then next ensuing, (f) or until another overseer should be appointed in his stead, whereof the said J. H. afterwards to wit, on, &c. at, &c. aforesaid, had due notice. Nevertheless the said J. H. his duty in that behalf, not regarding, but contriving and intending as much as in him lay to render the said warrant of appointment of no effect on the said, &c. and continually afterwards, until the day of the taking of this inquisition, at, &c. aforesaid, unlawfully, wilfully, obstinately, and contemptuously did neglect and refuse, and still doth neglect and refuse to take upon himself and execute the said office of overseer of the poor of the said parish of C. contrary to his duty in that behalf, to the great damage of the said parish and parishioners, in manifest contempt, &c. to the evil example, &c. and against the peace, &c. DISOBEDIENCE OF ORDERS OF JUSTICES, &c. Against an That S. F. of, &c. before the making of the order of justices overseer for hereinafter mentioned, to wit, on, &c. at, &c. aforesaid, was not paying a delivered of a female bastard child, which said bastard child, weekly sum for the sup- at the time of the making of the order, and also at the time of port of a pau- the contempt and disobedience hereinafter mentioned, was and per and illeyet is living, to wit, at the township of C. aforesaid. And the gitimate child accord- jurors, &c. do further present, that the said S. F. having such (e) See form, 4 Wentw. 338. 2 Starkie, 592. ante 266. note x. see another form, where defendant appointed overseer for a ward, 4 Wentw. 349. (f) This will be intended the usual overseer's year, 4 T. R. 778. (g) [*280] bastard child as aforesaid, she the said S. F. on, &c. aforesaid, ing to order at, &c. aforesaid, became, and was very poor and impotent, of justices. and not able to provide for herself and her said bastard child; and the said S. F. so being very poor and impotent, and not able to provide for herself and her said bastard child as aforesaid, she the said S. F. afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, applied to the then overseers of the poor, of and for the township of C. aforesaid, for relief in the premises, and that the then overseers of the said poor, and each and every of them, then and afterwards did wholly neglect and refuse to relieve the said S. F. so being very poor and impotent as aforesaid, to wit, at, &c. aforesaid. And the jurors, &c. do further present, that the said S. F. so being very poor and impotent, and unable to provide for herself and her said bastard child, after such neglect and refusal as aforesaid, to wit, on, &c. aforesaid, at, &c. aforesaid, appeared before H. W. clerk, and W. W. esquire, then being two of the justices of our said lord the king, assigned, &c. [as ante 182,] and then and there, before the said H. W. and W. W. being such justices as aforesaid, took her corporal oath upon the holy gospel of God, and did depose, that she the said S. F. was very poor and impotent, and unable to maintain herself and her said child; and that she the said S. F. had then lately applied for relief to the then overseers of the poor of the said township, and was by them the said overseers refused to be relieved on that occasion. And the jurors, &c. upon their oath, aforesaid, do further present, that the said H. W. and W. W. being such justices as aforesaid, did thereupon, afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, duly summon the said overseers to appear before them, the said H. W. and W. W. being such justices as aforesaid, and show cause why relief should not be given to the said S. F. in the premises, and that the said then overseers having been so summoned as aforesaid, did before the said H. W. and W. W. being such justices as aforesaid, (g) See other precedents.-2 Burr. 800. 1 T. R. 316. Cro. C. C. 327 to 331. 4 Wentw. 227 to 230, 345. Stark. 578. Cald. 72. 8 East, 41.The offence. Disobedience of an order of justices, commissioners, &c. is an offence indictable at common law, though a specific penalty is provided by statute for the neglect of that duty which the order is intended to enforce, 2 Burr. 799. 4 T. R. 205. 8 East, 41. The 33 Geo. III. c. 55. s. 1. gives power to two justices at petty sessions to punish constables, and peace and parish officers in a summary manner for disobedience of orders and other misconduct. The indictment.-It seems to be safest to state that the defendant was request- refuse to relieve the said S. F. on that occasion, and did rot show to the said justices any sufficient cause why relief should not be granted to the said S. F., and that the said H. W. and W. W. being such justices as aforesaid, did thereupon, afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, make their certain order in writing, signed with the proper hands, and [*281] sealed with the respective seals of them the said H. W. and W. W. so being such justices as aforesaid, whereby, after reciting, &c. [here set out the order verbatim.] And the jurors, &c. do further present, that one J. F. late of, &c. on, &c. and long before and afterwards, was one of the overseers of the poor, of and for the township of C. aforesaid, having duly accepted the said office, to wit, at the township of C. aforesaid, and that it was then and there the proper office and duty of the said J. F. as such overseer as aforesaid, well and faithfully to execute and obey the said order of the said H. W. and W. W. so made as aforesaid, according to the exigency thereof. And the jurors, &c. do further present, that the said order of the said H. W. and W. W. so made as aforesaid, afterwards to wit, on, &c. aforesaid, at &c. aforesaid, was duly shown and delivered to the said J. F. so being such overseer as aforesaid, to be by him well and faithfully executed and obeyed in all things, according to the exigency thereof, and according to the said office and duty of the said J. F. as such overseer as aforesaid. * And the jurors, &c. do further present, that the said J. F. so being such overseer as aforesaid, and so having seen and received the said order as aforesaid, afterwards, to wit, on the said, &c. and continually from thenceforth, for and during all such time as the said J. F. continued in his said of fice of overseer of the poor of the town of C. aforesaid, unlawfully, wilfully, obstinately, and contemptuously did neglect and refuse, and hath hitherto wholly neglected and refused to pay unto her the said S. F. the sum of one shilling and sixpence weekly, and every week, for and towards the support and maintenance of her the said S. F. and her said bastard child, as by the said order he the said J. F. as such overseer as aforesaid, was required to do; and the same and every part thereof is still wholly due and unpaid to the said S. F. although she the said S. F. whilst the said J. F. remained and continued as such overseer as aforesaid, to wit, on, &c. aforesaid, and on divers other days and times, as well before as after, &c. at, &c. aforesaid, requested him the said J. F. to pay her the same, (h) and although he the said J. F. hath not, at any time whatsoever, hitherto been otherwise ordered, according to law, to forbear the said allowance, contrary to the said office and duty of him the said J. F. in that behalf, to the manifest hindrance and subversion of justice, to the great damage and impoverish (h) As to averment of request, see 1 T. R. 316. ment of the said S. F. and her said child, in contempt, &c. to the evil and pernicious example, &c. and against the peace, &c. father of a an order of That I. T. of the township of A. in the parish of M. in the Indictment county of L. single woman, before the making of the order of [282] justices, hereafter mentioned, to wit, on, &c. at the said, &c. against the was delivered of a living male bastard child. And the jurors, bastard &c. do further present, that the said I. T. having been so deli- child, for vered of such bastard child, within the township aforesaid, af- disobeying terwards to wit, on, &c. at the township aforesaid, complaint justice for thereof, and that the said child was then christened by the maintename of John, and was then chargeable to the said township, nance. (h) and likely so to continue, was, by the overseers of the poor of the said township of A. made to J. F. esquire, and T. B. esquire, two of his majesty's justices of the peace and quorum, in and for the said county of L. and residing next unto the limits of the parish church of M. in the said parish of M., in the said county, and she the said I. T. was by them the said overseers of the poor, then and there brought and personally appeared before the said justices, so residing to be, and was thereupon, then and there examined upon oath, by and before the said justices of and concerning the cause and circumstance of the begetting and birth of such bastard child. And the jurors, aforesaid, upon their oath aforesaid, do further present, that the said I. T. upon her said examination upon oath, then and there taken in writing, by and before the said justices, deposed and declared, that she was delivered of such bastard child, as aforesaid, and that R. A. of, &c. was the true and only father of the said bastard child. And the jurors, &c. do further present, that the said J. F. esquire, and T. B. esquire, so being such justices, residing as aforesaid, did thereupon, afterwards to wit, on, &c. last aforesaid, at the township of A. aforesaid, duly summon the said R. A. to be and appear before them the said justices to make his defence of and concerning the premises, and to show cause why an order of maintenance should not be made upon him for the cause aforesaid, to which said summons he the said R. A. then and there before the making of any order in that behalf, personally appeared before the said justices, but did not make any sufficient defence, or show any cause why an order should not be made upon him, whereupon the said justices, upon hearing the said complaint upon oath, afterwards to wit, on, &c. last aforesaid, at the township aforesaid, did by their discretion, take, order, of and concerning the premises, and by their said order in writing, under their hands and seals, bearing date, &c. reciting to the effect hereinbefore mentioned, adjudge the same to be true, and thereby as well upon examination of the cause and (h) See form, 4 Wentw. 227. an indictment lies, Burr. 799. 1 Bott. 381. pl. 446. 2 Nolan. 1st Ed. 172, [*283] circumstances of the premises, upon* the oath of the said I. T. as otherwise, did declare and adjudge the said R. A. [set forth the order verbatim.] And the jurors, &c. do further present, that after the making the said order to wit, on, &c. last aforesaid, at the township aforesaid, notice of the aforesaid order was duly given to him the said R. A. and that he the said R. A. was duly made acquainted with the contents thereof. And the jurors, &c. do further present, that the said bastard child is yet living, and hath always from the time of making the said order, until the day of taking this inquisition, been and continued, and now is chargeable to the said township of A. to wit, at the township aforesaid, and that before and at the time of making of the said order, and from thence continually, till the taking of this inquisition one and one ―were and still are overseers of the poor of the said township of A. duly constituted, of which he the said R. A. had due notice, to wit, at the, &c. aforesaid. And the jurors, &c. do further present, that the said R. A. not regarding the said order, nor the laws and statutes in such case made and provided, did not upon notice of the said order forthwith, pay, or cause to be paid, &c. [negativing the performance of the duty in the words of the order] although so to do, he the said R. A. afterwards to wit, on, &c. and often both before and afterwards to wit, at the township aforesaid, was duly requested by the said, &c. so being such overseers as aforesaid, but on the contrary thereof, he the said R. A. on, and from the said, &c. until the taking of this inquisition, unlawfully, wilfully, obstinately, and contemptuously hath neglected and refused to pay or cause the said sum of twenty shillings, so by them paid as aforesaid, as also the said sum of one shilling weekly, and every week, from the time of making the said order, hitherto, contrary to the direction of the said order, and in manifest breach and contempt of the same, to the great damage of the inhabitants of the said township of A., to the evil and pernicious example of, &c. and against the peace, &c. Indictment for a con That at the general quarter session of the peace of our lord the king, holden at in and for the county of M. by adtempt by a high constajournment, to wit, on, &c. before W. M., J. S., W. H., and ble in diso- W. A., esquires, and others their fellows, justices of our said beying an lord the king, assigned, &c. [as ante, 182,] it was ordered by order of ses- the same justices and court there as followeth, to wit: It is sions. (i) ordered by this court, 66 that, &c. [here set out the order verba[*284] tim] as by the said order of* court more fully appears, of which said order the said T. J. one of the high constables in the aforesaid order named, afterwards to wit, on, &c. aforesaid, at, &c. had notice, nevertheless the said T. J. late of, (i) See a fuller form, Cro. C. C. 7th Ed. 292. This form will suffice for any case of disobedience of order of sessions, see ante 279. note g. |