commence on &c. aforesaid, and did then and there, at the said general meeting, being thereunto requested, produce to and before the said justices, so then and there met for the purpose of granting such licences as aforesaid, a certificate under the hands of the Rev. C. L. clerk, minister of the church of the said parish of M. of A. B. churchwarden of the said church and parish of M. and also of C. D. and E. F. overseers of the poor of the said parish of M. and of twelve then reputable and substantial householders, and inhabitants of the said parish of M. in which the said house for which such license was so applied for by the said P. R. as aforesaid, was and is so situate as aforesaid, of his the said P. R.'s being a person of good fame and sober life and conversation, and the said P. R. was then and there ready to enter into a recognizance, with sufficient sureties for the maintenance of good order and rule within the same house, pursuant to the statute in such case made and provided. And the jurors, &c. do further present, that the said B. B. and G. I. so being such justices as aforesaid, and acting as aforesaid, not regarding their duty as such justices, but wrongfully and maliciously and corruptly intending to oppress, injure, hurt, and aggrieve the said P. R. by colour of their said offices of justices of the peace as aforesaid, did then and there at the said meeting so held, on the said, &c. at &c. aforesaid, corruptly, maliciously, and unjustly, and without any lawful or reasonable cause whatsoever, and from motives of private partiality and favour unto and towards one X. Y. the then keeper of a certain other alehouse, situate in the division aforesaid, that is to say, a certain common ale or victualling-house, then kept by the said X. Y. situate in &c. aforesaid, in the said division, commonly called and known by the name or sign of the B. Arms, refuse to grant to the said P. R. the said license, so by him applied for as aforesaid, and did then and there corruptly, maliciously, and unjustly, prevent and hinder such license from being granted to the said P. R. in breach and violation of the duty of the said B. B. and G. I. as such justices as aforesaid, and against the peace, &c. (1) feasance in offi 3. Neglecting the duties of a public office.-All wilful or What nongross neglects of duty in public officers, especially where feasance or misthe neglect operates as a hindrance of public justice, are cers indictable. indictable offences; and where a duty is cast on a body of several persons, and all neglect it, each is individually liable to prosecution and punishment. (m) A coroner is liable to indictment for refusing to take an inquisition on a dead body; or for corruptly inducing a jury to find an (1) The discretion with which magistrates are invested, with respect to licenses, and the presumption always raised in their favour, render it peculiarly difficult to substantiate any charge of corrupt motive in granting or withholding them. Many precedents of informations and indictments on this subject are dispersed through the books of practice. The precedent given above is taken from an indictment preferred in a case the nature of which may be collected from its allegations, and, in this instance, was sustained by proof and followed by conviction. (m) The King v. Holland, 5 T. R. 607. Indictment against a constable for ne glecting to execute a justice's warrant for tle apprehension of a person. erroneous verdict; (n) a constable is liable for neglecting to apprehend an offender, or to make hue and cry after him; (0) and an overseer is liable for wilfully neglecting to provide for the poor; (p) refusing to render his accounts, (q) neglecting to make a rate to reimburse constables under 14 Car. 2. c. 14; (r) and for refusing to receive a pauper sent under a legal order of removal. (s) Whether an indictment in ordinary cases will lie against an overseer for not relieving a pauper, when no order has been made for his relief, seems doubtful; (t) but there is no doubt that he would be indictable for refusing in cases of pressing emergency; or for neglecting to provide necessary food and medical attendance for the paupers in his actual charge. (u) And if an overseer receive from the reputed father of a bastard child, born within the parish, money, as a composition for the maintenance of the child, he is liable to an indictment for fraudulently omitting to give credit for this sum in his accounts, although the contract was wholly illegal, and the money might have been recovered back in an action by the party who paid it. (v) Indictments. That heretofore, to wit, on &c. W. N. esq. then and still being one of the justices assigned, &c. did make a certain warrant in writing under his hand and seal, bearing date on &c. directed to the constable of the parish of G. in the county of D. thereby in his Majesty's name charging and commanding the said constable that, &c. (here set forth the warrant), which said warrant afterwards, to wit, on &c. at &c. aforesaid, was duly endorsed for execution by and in the name of X. Y. esq. then being mayor and one of his Majesty's justices of the peace in and for the borough of D. in the said county of D. and which said warrant so endorsed, afterwards, to wit, on &c. at &c. was delivered to T. O. late of &c. then and still being constable of the said parish of G. in the county aforesaid, in due form of law to be executed; and the said T. O. was then and there required to execute the same by bringing the body of the said E. R. before the said W. N. at the time and place and for the purpose in the said warrant mentioned. And the jurors, &c. that al (n) The Court of K. B. lately granted an information against a coroner of Salop, for misconduct in taking an inquisition of death, on which he was convicted. (0) The Queen v. Wyatt, 1. Seck. 381. Tawney's case, 2 Nolan, 476. The King v. Commings, 5 Mod. 179. The King v. Davis, Say. 163. (t) The King v. Meredith and Turner, Russ. and Ry. 46. (v) The King v. Martin, 2 Campb. 268. though the said T. O. could and might and ought to have executed the said warrant accordingly, the said T. O. so being constable of the said township of G. in the county of D. 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. (w) son. That E. H. late of &c. within the liberty of St. A. in the county Indictment of H. single woman, on &c. at &c. within the liberty aforesaid, in against a consta the county aforesaid, in her proper person, came before J. K. esq. ble for refusing then being one of the justices of our said Lord the King, assigned to aid and assist to keep the peace of our said Lord the King, within the liberty another, when called on, to ap aforesaid, in the county aforesaid, and also to hear and determine prebend a perdivers felonies, trespasses, and other misdemeanors committed within the same liberty, and then and there the said E. H. before the said J. K. the justice aforesaid, did swear and give her examination in writing, to the purport and effect following (that is to say), (here recite the material part of the examination), as in and by the said examination, relation being thereunto had, may and doth more fully and at large appear. And that he the said J. K. the justice aforesaid, did thereupon afterwards, to wit, on &c. within the said liberty, in the county aforesaid, in due form at law, make and issue a certain warrant, under his hand and seal, bearing date the same day and year aforesaid, directed to all constables and others his Majesty's officers of the peace for the said liberty, and also particularly directed to P. Q. specially appointed to execute the said warrant, thereby and therein commanding them and every of them upon sight thereof, to take, &c. (here set out the warrant), which said warrant was then and there delivered by the said J. K. the justice aforesaid, to the said P. Q. one of the constables of the said parish of St. P. within the liberty aforesaid, in the county aforesaid, specially appointed to execute the same, as aforesaid, and that he the said P. Q. afterwards, to wit, on &c. at &c. did apply to T. B. one of the constables of the said last-mentioned parish, within the said liberty, for assistance to apprehend and take the said Y. Z. in pursuance of and according to the said warrant so as aforesaid directed to him the said P. Q. and also to all other constables of the said liberty, and did then and there show the said warrant to the said T. B. and in the name of our said Lord the King did then and there require and command the said T. B. to aid and assist him the said P. Q. in the apprehending and taking of the said Y. Z. in said warrant named, pursuant to the said warrant. And the jurors, &c. that the said T. B. late of the said parish of St. P. within the liberty of St. A. in the county of H. aforesaid, yeoman, so as aforesaid, being one of the constables of the said parish of St. P. and well knowing the premises aforesaid, but the duty of his said office in that behalf in no wise regarding, afterwards, that is to say, on &c. at &c. within the said liberty, in the county aforesaid, unlawfully, (w) The 33 Geo. 3. gives a summary jurisdiction to justices to punish parish officers for neglect of duty, but that remedy does not supersede the ancient one by indictment; see ante, p. 125. Second count. Indictment against a headborough for refusing to convey a person to gaol committed by a justice of the peace. wilfully, obstinately, and contemptuously did neglect and refuse to aid and assist the said P. Q. in the apprehending and taking of him the said Y. Z. pursuant to the said warrant, as he the said T. B. by virtue of his said office of constable according to law should and ought to have done, to the great hindrance of public justice, and against the peace, &c. And the jurors, &c. that on &c. P. Q. one of the constables of the said parish of St. P. within the said liberty of St. A. in the county of H. aforesaid, at the parish of St. P. within the liberty and county aforesaid, had in his custody a certain warrant then lately before, in due form of law made and issued by the said J. K. esq. and then one of the justices of our said Lord the King, assigned to keep the peace, in the said liberty, in the said county of H. and also to hear and determine divers felonies, &c. committed within the same liberty, under his hand and seal, bearing date the day and year aforesaid, and directed to, &c. (here go on with the direction and purport of the warrant as in first count), and that he the said P. Q. afterwards, to wit, on the day and in the year last aforesaid, at the parish of St. P. within the liberty and county aforesaid, did show the said warrant to the said T. B. one of the constables of the parish last aforesaid, and did then and there, in the name of our said Lord the King, command and require the said T. B. to aid and assist him the said P. Q. in the apprehending and taking of the said Y. Z. in the said warrant named; nevertheless the said T. B. so being one of the constables of the parish last aforesaid, within the said liberty, in the county aforesaid, to aid and assist the said P. Q. in that behalf, then and there unlawfully, wilfully, obstinately, and contemptuously did neglect and refuse, to the great hindrance of public justice, and against the peace, &c. That on &c. one A. B. at &c. was brought before O. D. esquire, then and yet one of the justices of our said Lord the King aforesaid, to keep the peace in the county aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanors, committed in the same county, and the said A. B. was then and there charged before the said O. D. the said justice aforesaid, upon the oath of one F. G. for violently assaulting and beating her, against the peace of our said Lord the King, and thereupon and because the said A. B. did then and there refuse to find sureties before the said O. D. the justice aforesaid, for his personal appearance at the then next general quarter session of the peace, to be holden in and for the said county, to answer the said offence, he the said O. D. did then and there in due form of law make a certain warrant under his hand and seal, bearing date the day and year aforesaid, directed &c. (here recite the material part of the commitment), which said warrant afterwards, to wit, on &c. at &c. was delivered to one L. M. then being one of the headboroughs of the said parish, then and there having the said A. B. in his custody for the said cause, and the said L. M. was then and there required and commanded by the said O. D. the justice aforesaid, immediately to convey the said A. B. to the said gaol, and to deliver the said A. B. to the keeper thereof, together with the said warrant. Nevertheless the said L. M. late of &c. the duty of his said office of headborough in no wise regarding, afterwards, to wit, on &c. at &c. unlawfully, obstinately, and contemptuously, did neglect and refuse to convey the said A. B. to the said gaol, and to deliver him, together with the said warrant, to the keeper thereof, as he the said L. M. by virtue of his said office according to law, should and ought to have done, to the great hindrance of public justice, and against the peace, &c. The jurors, &c. that on &c. at &c. one S. F. fell into a copper of Indictment boiling soap, by means whereof he the said S. F. was mortally against the scalded, and then and there languished, and languishing, did live churchwardens until, &c. on which said day the said S. F. of the said scalding, at of a parish for &c. died, and that the body of S. F. then and there lay dead. And not sending to the jurors, &c. that A. B. late of &c. and C. D. late of &c. then coroner to take being the churchwardens of the said parish of F. in the said county of an inquisition on the body of a S. but the duty of their said office in no wise regarding, afterwards, to man who came wit, from the said &c. until &c. and until after the burial of the to a violent said S. F. contrary to the laws and customs of this realm, unlaw- death. fully, and contemptuously did neglect to send and give notice to R. P. gentleman, coroner of our said Lord the King, of and for the said county of S. of the said death of him the said S. F. in order to his taking an inquisition for our said Lord the King, on the body of the said S. F. in that behalf, and which, according to the duty of their said office as such churchwardens, they ought to have done, by reason and means whereof the body of the said S. F. was on the said &c. at &c. aforesaid, buried without any inquisition having been taken for our said Lord the King, when, where, how, and in what manner the said S. F. came by his death, to the great and manifest hindrance of public justice, and against the peace, &c. That on &c. one A. B. at &c. was drowned and suffocated in a cer- Indictment tain pond, and of that drowning and suffocating then and there died; against a coroner and that the body of the said A. B. at &c. aforesaid, lay dead, of for refusing to which one C. D. late of &c. afterwards, to wit, on &c. then take an inquisibeing one of the coroners of our said Lord the King for the county tion. aforesaid, at &c. aforesaid, had notice; nevertheless the said C. D. the duty of his office in that behalf not regarding, afterwards, to wit, on &c. at &c. to execute his said office of and concerning the premises, and to take inquisition for our said Lord the King, according to the laws and custom of the realm, unlawfully, and contemptuously, did neglect and refuse, and that the said C. D. no inquisition in that behalf as yet hath taken, to the great hindrance of justice, and against the peace, &c. That on &c. at &c. P. Q. esquire, then being sheriff of the said Indictment county of N. by virtue of his said Majesty's writ, to him the said against a bailiff sheriff for that purpose directed, duly made his the said sheriff's for inserting his warrant in writing under his hand and seal, directed to one H. N. own name in a his the said sheriff's bailiff; by which said warrant he the said warrant directed sheriff commanded the said H. N. that of the goods and chattels, &c. to another (here recite the warrant.) And the jurors, &c. that T. M. late of &c. wickedly, unlawfully, and maliciously, devising, contriving, and arresting and imprisoning the intending, as much as in him lay, to oppress, injure, and impoverish prosecutor, W. the said W. O. J. in the said warrant named, having the said warrant o. J. bailiff and |