King's Arms, at, &c. on, &c. then next, by ten of the o'clock in the forenoon of the same day, and bring with them respectively, for such election, the person or persons so offending, being thereof law. fully convicted, shall, for every such offence suffer imprisonment for the space of six months, without bail or mainprize, and shall be for ever disabled to take, hold, or exercise any office belonging 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 indict able 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 illtreat 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 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 indict ment 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 ap pears, 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 neces sary 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 Ld. Raym. 1189. though lord Holt thought the last objection fatal, id. 1194, 5. their then respective last licences, 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 licence 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 licences, he the said chief constable would be then and there ready to make [*260] 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. constable the inhabi parish for way. (g) * That C. R. late of the liberty, &c. on, &c. and long before [*262] being constable of the liberty aforesaid, in the county aforesaid, Against a and then well knowing a certain part of the king's common and for not presenting ancient highway, called, &c. used for all the subjects of our said in lord the king and his ancestors, with their horses, coaches, carts, tans of a and carriages, to go, return, pass, ride, and labour at their will, not repairand lying within the liberty aforesaid, containing in length twenty ing a highyards, 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 amendment of the same, that the liege subjects of our said lord the king, by, through and along the same way, with their horses, coaches, carts, and carriages had not been able, nor then were able to go, return, pass, ride and labour, without great danger of their lives and loss of their goods; nevertheless, the said C. R. afterwards, to wit, on the said, &c. at, &c. aforesaid, at the assizes and general session of Oyer and Terminer, then and there holden for the county aforesaid, before certain justices of our said lord the king, duly assigned to hold the same, unlawfully and contemptuously, did neglect to make and return a presentment against the inhabitants of the liberty aforesaid, in the county aforesaid, for not repairing and amending the said king's common and ancient highway, as he the said C. R. ought to have done, and of right did belong to him to do, to [*263] the great hindrance of justice, to the evil example, &c. and against the peace, &c. Constable tice's war That heretofore, to wit, on, &c. H. A. esquire, then and still Against a being one of the justices assigned, &c. [as ante 182*.] did make for neglec a certain warrant in writing, under his hand and seal, bearing ting to exe cute a jus date, on, &c. directed to the constables of the township of C. in the county of C., thereby in his majesty's name charging and rant for the apprehencommanding the said constables, that, &c. [here set forth the warrant] which said warrant, afterwards, to wit, on, &c. at, &c. persons. (k) aforesaid, was duly indorsed for execution, by and in the name of G. H. esquire, then being mayor, and one of his majesty's justices of the peace, in and for the borough of C. in the said county (g) Cro. C. C. 7th Ed. 288. ante 257, 8. note (f) (A). See ante 257*, 8*. note (ƒ). sion of two Against the bailiff of Ivel of C., and which said warrant so indorsed, afterwards, to wit, on, &c. last aforesaid, in the county aforesaid, was delivered, to J. C. late of, &c. then and still being one of the constables of the said township of C. in the county aforesaid, in due form of law to be executed, and the said J. C. was then and there required to execute the same, by bringing the bodies of the said T. J. W. and T. B. before the said H. A. at the time and place, and for the purpose in the said warrant mentioned. And the jurors, &c. do further present, that although the said J. C. could and might and ought to have executed the said warrant accordingly; yet the said J. C. so being constable of the said township of C. in the county of, aforesaid, not regarding the duty of his said office, did not, nor would execute the said warrant as aforesaid, or otherwise, howsoever, but unlawfully, wilfully, obstinately, and contemptuously, neglected and refused so to do, and therein failed and made default, to the great hindrance of public justice, in contempt, &c. to the evil, &c. and against the peace, &c. That the borough of Ivelchester, in the county of Somerset, is an ancient borough, and that by certain letters patent, under the chester for great seal of England, bearing date at Westminster, the 11th day wilfully absenting of December, in the third and fourth years of the reign of our himself on late sovereign lord and lady, Philip and Mary, the said king and [here set forth the letters paAnd the jurors, &c. do further the elec tion of a queen, did, for themselves, &c. bailiff. (i) tent, or charter, see 5 East 373.] present, that J. C-late of, &c. on, &c. was, and from thence continually, until and upon the Monday next before the feast of St. Michael the archangel, in the forty-third year aforesaid, and afterwards was bailiff and chief officer of the borough aforesaid, and [*264] that the greater part of the then capital burgesses, * and counsellors of the borough aforesaid, on Monday next before the feast of Saint Michael the archangel, aforesaid, in the forty-third year, aforesaid, assembled and met together at the Guildhall, of and within the borough aforesaid, the same being the usual and proper place for that purpose, in order to chuse and nominate one of themselves to be bailiff of the borough aforesaid, for one whole year then next ensuing, and it was then and there the duty of the said J. C. as such bailiff and chief officer as aforesaid, to attend (i) On 11 Geo. I. c. 4. s. 6. 5 East, 372 ante 257, 8*. note (ƒ). This indictment was settled by an eminent pleader at the bar. and be present at such election, nevertheless the said J. C. not regarding his duty in that behalf, nor the statute in that case made and provided, upon the said, &c. the same so being the day appointed by the said charter for such election as aforesaid, unlawfully, wilfully, and voluntarily did absent himself from the said assembly or meeting, so holden for the purpose of such election as aforesaid, of a bailiff of the borough aforesaid, and from such or any other election of the said officer, contrary to the form of the statute in such case made and provided, in contempt, &c. to the evil example, &c. and against the peace, &c.(1) * AGAINST MINISTERIAL OFFICERS FOR NOT ACCEPTING OFFICE, &c. * [*266] office he That our said sovereign lord the king and his predecessors from Against a constable time whereof the memory of man is not to the contrary, have had or headand held and have been accustomed to have and hold a court of borough for not taview of frank pledge, once in every year, before the sheriff of the king upon county of M. for the time being, in the torn of the sheriff of M. him the when made through the hundred of O. in the county of M.,' within the month after Easter in every year, and at the same court, when ted thereto in due holden there now is and from time whereof, &c. hath been a cer- form untain ancient and laudable custom there used and approved of, to der a custom.(k) wit, that certain inhabitants and residents within the said hundred, [*267] were then and there sworn to charge and inquire of and present [268] (1) [This indictment contains three counts in the original work, vol. 2. p. 264.] (k) See similar precedents, 4 Went. 332, 351. and other precedents, 4 T. R. 778. Dougl. 531. Cowp. 13. Cro. C. C. 145 to 154. Burn, J. Constable. Stark. 592 to 600. The offence. An indictment lies against a person elected to the office of high or petty constable for refusing to execute its duties, 2 Stra. 920. So also against overseers for not taking upon themselves that office, 1 Stra. 101. and on the same principle, all other ministerial offices * which the party is liable to exercise, being elec |