&c. to, &c. used for all the king's subjects to go, return, pass, ride, and labour on foot, and with their cattle and carriages, at all times, at their will and pleasure. And the jurors, aforesaid, upon their oath aforesaid, further present, that R. W. esquire, and H. W. esquire, two of his majesty's justices of the peace for the said W. R. of Y., acting within the said division of M. on, &c. at, &c. aforesaid, according to the form of the statute, in that case made and provided, did view the said highway, and upon such view it did then and there appear to the said R. W. and H. W. so being such justices as aforesaid, and the said R. W. and H. W. so being such justices as aforesaid, did then and there find, that a certain part of the said highway, in the township of B. in the said division, called, &c. for the length of four hundred and seventy yards, or thereabouts, from, &c. to, &c. was narrow, but might be conveniently enlarged and widened by adding thereto, from the several lands and grounds of J. B. (and several others) of the length of four hundred and seventy yards, or thereabouts, and of such breadth as, added to the said road, would make the same of the breadth of thirty feet, which they the said R. W. and H. W. then and there thought would be much more commodious to the public, and the said R. W. and H. W. so being such justices as {*285] aforesaid, did thereupon, afterwards to wit, * on, &c. aforesaid, at the township of B. aforesaid, according to the form of the said statute, make their certain order in writing, signed with their proper hands, and sealed with the seals of the said R. W. and H. W. so being such justices as aforesaid, whereby after reciting that, &o [set forth the order verbatim.] And the jurors aforesaid, upon their oath aforesaid, further present, that one A. B. and one J. G. on the said, &c. and before, were, and from thenceforth hitherto have been and still are, surveyors of the highways of and for the said township of B. having duly accepted the said office (to wit) at, &c. aforesaid, in, &c. aforesaid, and that it was then and there the proper office and duty of the said A. B. and J. G. as such surveyors as aforesaid, well and faithfully to execute and obey the said order of the said R. W. and H. W. so made as aforesaid, in all things, according to the exigency thereof. And the jurors, &c. do further present, that the said order of the said R. W. and H. W. so made as aforesaid, with the said plan thereto annexed, afterwards, to wit, on, &c. last aforesaid, at, &c aforesaid, in, &c. aforesaid, was duly delivered to the said A. B. and J. G. so being such surveyors of the highways of the said township of B. as aforesaid, to be by them 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 A. B. and J. G. as such surveyors as aforesaid. And the jurors, &c. further present, that the said A. B. late of B. esquire, and the said J. G. late of, &c. so being such surveyors of the highways for the said township of B. as aforesaid, and so having received the said order as aforesaid, afterwards, to wit, on, &c. aforesaid, and from thenceforth hitherto, at, &c. aforesaid, in, &c. and unlawfully, wilfully, obstinately, and contemptuously did neglect and refuse, and still do neglect and refuse, to, &c. [negative the performance of the duty in the terms of the order.] contrary to the said office and duty of the said A. B. and J. G. as such surveyors as aforesaid, in disobedience of the said order. In contempt, &c. To the evil example, &c. and against the peace, &c. and against the form of the statute, &c. *FOR EXTORTION. [*293] whom he hended That C. O. late of, &c. on, &c. at, &c. then and still being one Against a constable of the peace officers of our said lord the king, called a headfor taking borough, in and for the parish of, &c. in the county aforesaid, did money of a arrest and take into his custody one W. S., by virtue and under person colour of a warrant of J. G. esquire, then and still being one of the had apprejustices of our said lord the king, assigned, &c. [as ante, 182*.] under prethen and there directed to the constables, and other his majesty's tence of getting officers of the peace of the said county, to take and bring before him disthe said J. G., or some other of his majesty's justices of the peace charged of the said * county, the body of the said W. S., to answer all such matters and things, as on his majesty's behalf were on oath ceedings being had objected against him by J. W., for assaulting and beating him before the and tearing the hair from his head; and the said W. S. so being justice of the peace. in custody aforesaid, for the purpose aforesaid, to answer the (u) complaint aforesaid, he the said C. O. fraudulently, unlawfully, [294] (u) See form, 4 Wentw. 146. and ante 258. note (f) See other Precedents. 3 Ld. Raym. 61. Burn, J. Extortion. Williams, J. Extortion. VOL. II. T Cro. C. C. 193 to 197. 4 Wentw. without any pro [*295] and injuriously, and with force and arms, did then and there obtain of and from the said W. S., the sum of one shilling, of lawful Hawk. b. 2. c. 68. Com. Dig. Extortion, Officer H. Bac. Abr. Extortion, Officer N. Burn, J. Extortion. Wil. liams, J. Extortion. Cro. C. C. 196, 197. and ante 1 vol. Index Fees.Extortion, in its strict legal acceptation, signifies the taking of money by any officer, by colour of his office, either where none at all is due, or not so much is due, or where it is not yet due, Co. Lit. 368. b. It was a high misdemeanour at common law, and punishable by imprisonment and fine, id. ibid. And, therefore, at common law, an indictment lies against a judge for taking a fee for his judgment, an officer for receiving more than the usual fee, a ferryman demands more than is due to him by prescription, or a sheriff refuses to execute process until his fees are paid him, Com. Dig. Extortion A. By the statute of 3 Edw. 1. c. 16. in affirmance of the ancient law it is enacted, that no sheriff nor other king's officer shall take any reward to do his office, but shall be paid of that which they take of the king; and that he who so doth shall yield twice as much, and shall be punished at the king's pleasure. This act, which thus particularly names the sheriff, extends to every ministerial officer concerned in the administration or execution of justice, the common good of the subject or the service of the king, 2 Inst. 209. And all prescriptions contrary to this act are void, so that where the clerk of the market claimed fees, incident to his situation, which had been attached to it from time immemorial, his perquisite was defeated, Moor, 523. Where a statute annexes a fee to an office it will be extortion to take more than it specifies, 2 Inst. 210. And it seems that if a clerk in the crown office demands 13s. 4d. from every defendant who pleads to a joint information, or above 2s. where several are indicted together for the venire and entry of the plea for all of them, he will be liable to be indicted, 3 Mod. 247. 3 Inst. 150. But stated and known fees allowed by courts of justice to their own officers are legal, and may be properly demanded, Co. Lit. 368. b. And, therefore, before the abolition of gaol fees by 14 Geo. III. c. 20. on a prisoner's discharge, the bar fee of 20d. was always allowed to the sheriff, 2 Inst. 210. Nor is it criminal for an officer to take a reward voluntarily offered him for the more diligent or expeditious performance of his duty, 2 Inst. 210, 211. But a promise to pay him money for any act of duty which the law does not suffer him to receive is absolutely void, however freely it may have been given, 2 Burr. 924. 1 Bla. Rep. 204. There are no accessaries in extortion, 1 Stra. 75. It may be tried and determined by justices of the peace, by virtue of the term " extortions" in their commission, id. ibid. Indictment. Several defendants may be jointly indicted when no fee was due, Ld. Raym. 1283. 3 Leo. 268. Com. Dig. Extortion, C. 1 Stra. 175. It has been supposed that an indictment for extortion may by 31 Eliz. c. 5. s. 4. be laid in any county, Hawk. b. 1. c. 68. s. 6. Starkie, 585. n. k. but quære, if that section applies to indictments. The time of the offence must be alleged, 4 Mod. 101, 103. The indictment must state a sum which the defendant received, and it will not be sufficient to aver that he did receive a gift or reward without specifying value, 4 Burr. 2471. 2 Leach, 794. though it is not material to prove the exact sum as laid in the indictment, 1 Ld. Raym. 149. 6 T. R. 267. So in an information, though several sums and specific persons are stated to have been the objects of the defendant's extortion, if it conclude with a general charge, of which he is found guilty, that under colour of his said office, he did illegally cause his agents to receive and demand of several other persons several other sums of money, under pretence of weighing and examining their several weights and measures, the whole will be vitiated and judgment will be arrested, 2 Stra. 999. [A person who has been appointed by proper money of Great Britain, of the money of the said W. S. upon colour and pretence, that he the said C. O. would procure and get the said warrant discharged by one of the justices of the peace of the said lord the king, assigned to keep the king's peace in the county aforesaid, without any proceedings being had before any one justice of the peace for the said county, whereas, in truth and in fact, the said C. O. did not procure and get the said warrant discharged, to the great damage, &c. to the evil example, &c. and against the peace, &c. [Second count, stating defendant to be a headborough.] hended by him on a That A. F. late of, &c. on, &c. at, &c. then and there being Against a constable one of the constables of the same parish, did take and arrest one for extortN. L. spinster, by colour of a certain warrant, commonly called a ing money of a person bench warrant, which he the said A. F. then and there had to ap- appre prehend the said N. L, to answer to a certain trespass and assault, whereof the said N. then stood indicted, as the said A. bench F. then and there alleged and pretended; and the said A. F., her the said N. then and there had in his custody, and that the said without A. F. afterwards, to wit, on, &c. aforesaid, at, &c. aforesaid, with force and arms, unlawfully, corruptly, deceitfully, and extorsively, any justice for the sake of gain, and contrary to the duty of his said office, did authorities collector of certain duties, but whose appointment subse. quently appears to have been informally made, cannot be indicted at common law for fraudulently receiving monies under colour and pretence of being collector, because he was in fact collector at the time, and received the money in that character; but he should be proceeded against under 3 Geo. III. c. 99. which directs that no collector, &c. employed in carrying into effect that statute shall be liable to any other penalties than it prescribes, 7 East. 218.] If the indictment charge that the defendant as bailiff of a hundred, under colour of his office took a sum of money, without showing more particularly by what pretence it was taken, it will be good at least after verdict; for perhaps he might claim it generally as being due to him as bailiff, in which case the demand could not be otherwise stated, 1 Sid. 91. Where nothing at all was due that fact ought to be averred, and where any thing was due, the sum which might have (x) See form, Cro. C. C. 7th Ed. warrant to let her go carrying her before of the peace. (x) [*296] extort, receive, and take, of and from the said N., the sum of 58., of lawful money of Great Britain, for discharging the said N. out of the custody of him the said A. F., without conveying her before any justice of the peace for the said county, to answer to the said trespass and assault, whereof she was supposed to stand indicted as aforesaid, to the great damage of the said N., to the evil example, &c. and against the peace, &c. Against a That A. B. late of, &c. being bailiff of the hundred of A—, bailiff of a hundred. in the said county, on, &c. at, &c. by pretext and colour of his (y) said office, did unjustly, and by extortion, take and extort 5s. of one A. I., of, &c. one of the freeholders qualified to serve upon juries in the said county, to excuse the said A. I. from attending or appearing at the assizes, that were then next to be holden in and for the said county, when, in fact, the said A. I. was not returned by the sheriff of the said county, in any panel of jurors, and also when indeed no such sum of money was due to the said A. B., for his fee for excusing the attendance or appearance of the said A. I., at the assizes aforesaid, to the evil example, &c. to the great damage of him the said A. I., and against the peace, &c. Against a tipstaff to That A. L. late of, &c. on, &c. at, &c. aforesaid, unlawfully, a judge of unjustly, and extorsively did exact and receive of and from one the court R. H. two pieces of gold coin, of the proper coin of this kingdom, of King's Bench for called guineas, of the value of forty-two shillings, under colour extortion. and pretence of being tipstaff to the right honorable W. earl of (a) M. then chief justice of our said lord the king, assigned to hold pleas in the court of our lord the king, before the king himself, under colour and pretence of a fee due to him the said A. for not carrying the said R. H. to prison, after he had taken and arrested him the said R. H. by virtue of a warrant under the hand and seal of the said W., earl. of M., chief justice aforesaid, issued forth against the said R. H. to answer to an indictment, then before found against the said R. H. at the general quarter session of the peace, held for the county aforesaid, for an assault upon A. A. as [*297] the said A. L. then and there alleged to the said R. H. whereas, in truth and in fact, no such fee was then due to the said A. L. in (y) See this form, Burn, J. Extortion, ante 293*. note (u). (z) See Cro. C. C. 7th Ed. 358. 2 Starkie, 585. ante 293*. note (u). |