INDICTMENTS, &c. FOR ILLEGAL COMPANIES. That A. B. late of, &c. [a number of other defendants] contriving and intending to prejudice and aggrieve divers subjects of the king in their trade and commerce, under false pretences for the public good, after the 24th of June, 1720, to wit, on, &c. at, &c. did, according to their own device and scheme, make subscription towards raising a great sum of money for establishing and setting on foot a certain new and unlawful undertaking, tending to the common grievance, prejudice, and inconvenience of great numbers of the king's subjects in their trade and commerce, that is to say, did make subscriptions towards raising a sum not exceeding £20,000, to be divided into more than 20,000 parts or shares, for the purpose of buying corn, grinding the same, making bread, and dealing in or distributing of flour and bread, and for other purposes unknown; which undertaking was a public undertaking, and did then and there, and still doth relate to affairs, in which the trade, commerce, and welfare of great numbers of the king's subjects were and are concerned, to wit, at, &c. to the common nuisance of all the king's subjects, against the form of the (a) The bubble act, 6 Geo. 1. c. 18, was repealed in part by 6 Geo. 4. c. 91, and illegal companies are left to be dealt with according to the common law. The precedent may assist in forming a common law indictment, see forms, 14 East, 406. 15 East, 511. This indictment was founded on the circumstance of a number of persons agreeing to raise £20,000 by subscriptions of £1 a share, for the purpose of buying and grinding corn, making into bread, and distributing it among the partners. No person could hold more than twenty shares, except they came to him by act of law, marriage, &c., nor could any shares be assigned, except the assignee would enter into a covenant, to conform to all the original regulations of the members. The jury found a VOL. III. I special verdict, that the com- On 6 Geo. 1.c.18. subscriptions to s. 16, for raising set on foot a company of a great number of persons for the purpose of seiling bread (a). [ 670 ] Another count. Another count. [ 671 ] Another count. statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said defendants, on, &c. at, &c. aforesaid, subscribed towards collecting and raising by subscription a great sum of money not exceeding £20,000, to be divided into not more than 20,000 shares, for the purpose of assisting and favoring a certain other new and unlawful undertaking, tending to the common grievance, &c. [as before] and did then and there pay upon such subscription certain small sums, amounting in the whole to a large sum, to wit, £30, which said last undertaking was a public undertaking, &c. [as before.] And the jurors, &c. do further present, that the said defendants, on, &c. aforesaid, at, &c. aforesaid, presumed to act as if they were a corporate body, and pretended to raise a transferrable and assignable stock, without any legal authority, and without any charter from the crown for so doing, that is to say, as a corporate body, for the purpose of buying corn, grinding the same, making bread, and dealing in and distributing of flour and bread, and for other purposes unknown; and having a number of shares, not exceeding 20,000, transferrable and assignable by and from the holders of such shares, to any other person or persons, at the pleasure of the holders thereof; to the common nuisance of all the king's subjects, &c. against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said defendants, without any legal authority, and without any charter from the crown for so doing, pretended to raise a transferrable stock to a large amount, to wit, not exceeding £20,000, to be divided into not more than 20,000 shares, which shares were to be and are transferrable and assignable from the holders thereof, to any other person or persons at the pleasure of such holders; to the common nuisance, &c. and against the statute, &c. That the defendants, contriving and intending as aforesaid, did, according to their own device and scheme, further countenance and proceed in a certain other new and unlawful undertaking, tending to the common grievance, prejudice, and inconvenience of great numbers of the king's subjects in their trade and commerce; that is to say, an undertaking for the purpose of buying corn, &c. [as before] which last was a public undertaking, and did then and there, and still doth relate to affairs in which the trade, commerce, and welfare of great numbers of the king's subjects, were and are concerned, to wit, at, &c. aforesaid, to the common nuisance, &c. against the form of the statute, &c. and against the peace, &c. INDICTMENTS FOR KEEPING UNLICENCED ALE HOUSES, GAMING HOUSES, &c. alehouse without That J. F. late of, &c. victualler, on, &c. and on divers other For keeping an days and times, as well before as afterwards, at, &c. aforesaid, a licence (a). without any lawful authority, licence, admission, or allowance of two justices of our said lord the king, assigned to keep the peace in the county of M. did take upon himself to keep, and then and there did keep a common alehouse, and in the same house then and there commonly and publicly did sell and utter, and did cause to be sold and uttered, ale and beer to divers liege subjects of our said lord the king, in contempt, &c. against the form of the statute, &c. and against the peace, &c. (b). [ 672 ] and beer on a That A. B. late of, &c. being a common sabbath breaker For selling ale and profaner of the Lord's-day, on, &c. and on divers other Sunday (c). days respectively, being the Lord's-day, and between that day and the day of the taking of the said inquisition, during the time of divine service on each of the said respective days, to wit, at the hour of twelve on each of those days, at the parish aforesaid, in the county aforesaid, in the dwelling-house of him the said A. B. there situate, being a common tipling-house, did openly sell and utter, and caused to be sold and uttered, ale and beer, and other liquors, to divers idle and ill disposed persons, whose names to the jurors aforesaid are as yet unknown, and that the said A. B. on the said, &c. and on (a) This form is taken from Cro. C. C. 7th edit. 140, and see 1 Saund. 248, as observed however in 1 Saund. 250 e. note 3. This does not seem to be an indictable offence, the statute prescribing another specific mode of punishment. It is not the practice to proceed by indictment. See an old precedent against husband and wife for keeping a tipling house, and the husband for being a common barretor, and the wife a common scold, West, 203; and another against a man for keeping a blind tavern without a sign, being a was barretor, and his wife a scold, (b) Semble, that it would be (c) From Mr. Knapp's MS. On 25 Geo. 2. c. 36, for keeping an unlicenced divers other days during the time of divine service on each respective day, at, &c. in his said dwelling-house did unlawfully and wilfully permit and suffer divers idle, &c. to remain and continue drinking and tipling, to the common nuisance of his majesty's liege subjects (a), to the evil example, &c. in contempt, &c. and against the peace, &c. That D. L. late of, &c. and T. L. late of, &c. on, &c. and on divers other days and times between that day and the day of without a licence taking this inquisition, with force and arms, at, &c. aforesaid, (b). and within twenty miles of the cities of L. and W. unlawfully did keep and maintain a certain room and place for public dancing and music, situate in, &c. aforesaid, and within twenty miles of the cities of L. and W. without a licence had for that purpose, from the last preceding Michaelmas quarter sessions of the peace for the county aforesaid, signified under the hands and seals of four or more of the justices there assembled at such session, according to the directions of the statute in such case made and provided, the said dancing and music not being lawfully exercised or carried on under or by virtue of any letters patent or licence of the crown, or licence of the lord chamberlain of his majesty's household (c), to the great damage and common nuisance of all the liege subjects of our said lord the king, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. further present, that the said [673] D. L. and T. S. &c. on, &c. aforesaid, with force and arms, at, &c. aforesaid, unlawfully did keep and maintain, within twenty miles, &c. [as before] a certain room for public dancing without a licence had for that purpose from the last preceding Michaelmas quarter sessions of the peace, holden for the county of M. in which the said room is situate, against the form, &c. and against the peace, &c. [Third count like the Second count. (a) It seems this is necessary 283, and cases there cited. to make the act criminal. (b) This indictment was settled by Mr. Knapp, after much consideration. (c) The words are clearly. unnecessary, as the exception in favor of licenced places is in a distinct section. See 1 Sid. 303. 2 Hale, 171. Hawk. b. 2. c. 25. s. 112. Ante, vol. i. The statute enacts, that the person appearing to act as master, or as having the management of the house, shall be deemed the keeper thereof. The 5th section of the act, and the 58 Geo. 3. c. 70. s. 7, impose an obligation on the constable or overseers of the place to prosecute. second, only using the word "music" instead of "dancing."] mon law, And the jurors, &c. That the said D. L. and T. S. with force Fourth count, for and arms, at, &c. aforesaid, on, &c. aforesaid, did keep and nuisance at commaintain a certain common ill-governed and disorderly room for public dancing and music; and in said room for their own lucre and gain, did cause and procure divers persons, as well men as women of evil name and fame, and of dishonest conversation, to frequent and come together, to the great damage and common nuisance of all the liege subjects of our lord the king, and against the peace, &c. [Commencement as ante, 2.] That G.H. late of, &c. and For keeping a 1. K. late of, &c. on, &c. and on divers other days and times disorderly house for fighting cocks, between that day and the day of the taking of this inquisition, &c. (a). with force and arms, at the parish aforesaid, in the county aforesaid, did keep and maintain, and yet do keep and maintain a certain common ill-governed and disorderly house, and in the said house for his own lucre and profit, certain evil and illdisposed persons of ill name and fame, and of dishonest conversation, to frequent and come together, then, and the said other days and times, there unlawfully and wilfully did cause and procure, and the said persons in the said house then, and the said other days and times there to be and remain, fighting of cocks, boxing, playing at cudgels, and misbehaving themselves, unlawfully and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all the subjects of our said lord the king, inhabiting near the said house, and against the peace of our said lord the king, his crown and dignity. That W. W. late of, &c. on, &c. being an idle and evil-dis- Against a person posed person, and not minding to gain his living by honest labour, ou, &c. and on divers other days and times between (a) This indictment was held good. 2 Burr. 1233. As to bawdy houses, see ante, vol. ii. 39, n. (a); where the precedents on that subject are classed, on account of their more immediate effect on public morals. An information tor causing cock fighting is good at common law. Bac. Abr. Gaming, A. Cock fight ing is illegal. See 3 Campb. 146. (b) See other precedents, for keeping a gaming house or billiards and an E. O. table (b). |