"the certificate, by law required of him, the said B. H. being a person of good fame, &c. and was then and there ready with sufficient surety, according to the form of the statute, &c." See precedent at length, 4 Wentw. 364.] AGAINST CORONERS FOR NEGLIGENCE, &c. That on, &c. at, &c. one A. B. was drowned and suffocated Indictment of in a certain pond, and of that drowning and suffocating she the a coroner for refusing to said A. B. then and there instantly died, and that the body of the take an inqui sition. (1) said A. B. at, &c. aforesaid, lay dead, of which one C. D. late of, &c. gentleman, afterwards to wit, on the said, &c. then being one of the coroners of our said lord the king, for the county aforesaid, at, &c. aforesaid, had notice; nevertheless the said C. D. not regarding the duty of his said office in that behalf, afterwards to wit, on the said, &c. at, &c. aforesaid, to execute his said office of coroner, of and concerning the premises, and to take inquisition for our said lord the king, according to the laws and custom of this realm, concerning the death of the said A. B. unlawfully, obstinately, 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, in contempt, &c. and against the peace, &c. That on, &c. one A. D. late of, &c. came to her death in the Indictment same parish, in the county aforesaid, by one mortal bruise, received on the right side of the head of her the said A. D. against a coroner for not by returning his inquisition ac some person or, persons (to the jurors aforesaid as yet unknown) cording to eviwhereof one W. G. late of B. in the said county of Hereford, deuce. (m) gentleman, being one of the coroners of our said lord the king, in (1) See other precedents. Cro. C. C. 8th Ed. 170. Cro. C. C. 7 Ed. 303. Dick. Sess. 67. As to the duties, powers, and liabilities of a Coroner, see Imp. Off. Cor. Com. Dig. Justices of the Peace, D. 7. London, K. 6. Officer, G. 1. Bro. Abr. Corone. Burn, J. Coroner. Williams, J. Coroner. Cro. C. C. 170, Dick. Sess. 68. Imp. Off. Coroner, 3rd Ed. 431. By 3 Edw. I. c. 9. Coroners concealing felonies or not doing their duty through favour to the mis doers, shall be imprisoned a year, (m) See precedent, Cro. C. C. Against a township for a misdemeanour notice to the and for the county aforesaid, afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, had notice. And the jurors, &c. do further present, that the said W. G. being such coroner as aforesaid * afterwards to wit, on, &c. aforesaid, at, &c. aforesaid, did cause a certain jury of twelve good and lawful men of the said county, duly sworn in that behalf, to enquire (upon view of the body of the said A. D. there lying dead) by what means and in what manner the said A. D. came to her death, and that one M. D. and one D. K. good and lawful men then and there appeared before the same coroner, and the said jurors so sworn to enquire, touching the death of the said A. D. as aforesaid, were then and there in due form and manner sworn before the said coroner and that jury, to give true evidence concerning the death of the said A. D. and that the said M. D. and D. K. then and there upon their oath aforesaid, did give evidence to the said coroner and jury of that inquisition, that on the same day and year aforesaid, they the said M. D. and D. K. had found the said A. D. in a ditch in the same parish dead, and that it appeared to them as if some person or persons had struck the said A. D. a violent blow upon the right side of her head, with a certain stone, there lying by her side, which had occasioned her death, nevertheless the said W. G. the coroner aforesaid, not regarding the duty of his said office nor the laws of this realm, did return an inquisition under his hand and seal unto the justices of our said lord the king, duly assigned to hold the assizes and general session of oyer and terminer, of our said lord the king, at, in, and for the said county of H. on, &c. [the date of the inquisition] that the said A. D. died a natural death, to the manifest subversion of justice, to the evil example, &c. and against the peace, &c. That on, &c. one W. D. died at the township of C. in the county of N. of a violent death, and not of a natural death, that in burying a is to say, the said W. D. then and there died of a violent wound body without before that time, to wit, on, &c. at the township aforesaid, in the coroner. (n) county aforesaid, given to the said W. D. by some person or persons to the jurors aforesaid unknown, and that the body of the said W. D. on, &c. at, &c. aforesaid, lay dead, and that at the several times aforesaid, C. F. and W. S. were coroners of our lord the king, for the said county of N. to wit, at, &c. aforesaid, of which said premises, the inhabitants of the said township of C. in the said county, afterwards to wit, on, &c. at, &c. aforesaid, (n) It is indictable as a misdemeanour to bury the body before or without sending for the Coroner, 1 Salk. 377. and see 3 Leon. 207. Cro. Car. 252. and ante 255, note 1. had notice, nevertheless, the inhabitants of the said township of C. in the county aforesaid, well knowing the premises, but not regarding their duty in that behalf, did not, nor did any of them at any time send or give any notice to or for the said C. F. or the said W. S. or either of them, nor to, or for any coroner of our said lord the king for the said county of N. to view the body of the said W. D. so lying dead as aforesaid, but unlawfully, obstinately, and contemptuously omitted and neglected so to do, nor had the said C. F. or W. S. or either of them, or any coroner of our said lord the king for the said county, any notice to view the body of the said W. D. so lying dead as aforesaid, nor had the said C. F. or W. S. or either of them or any coroner of our said lord the king for the said county, any notice that the body of the said W. D. was so lying dead as aforesaid, neither did the said C. F. or the said W. S. or either of them, or any coroner of our said lord the king for the said county of N. at any time view the body of the said W. D. so lying dead as aforesaid, nor was any inquisition taken on the view of the body of the said W. D. as by law required in that behalf, but the body of the said W. D. was afterwards, to wit, on, &c. unlawfully and contemptuously buried and interred at the township of C. aforesaid, in the 'county aforesaid, without any view being had of the said body of the said W. D. by the said C. F. or W. S. or either of them or any coroner of our said lord the king, for the said county of N. and with out any inquisition being taken on the view of the body of the said W. D. as by law required in that behalf, to the great hindrance of justice, in contempt of our said lord the king, and against the peace, &c. AGAINST INFERIOR OFFICERS, FOR NEGLI GENCE AND MISCONDUCT. That J. D. and B. B. esquires, then and yet being two of the Against a high justices of our said lord the king, assigned, &c. [as ante 182.] at, &c. constable for not issuing his in the south division of the hundred of P. in the said county of O. precept to the duly made their certain warrant in writing under their hands and petty constaseals, as such justices as aforesaid, directed to the chief constable of them to the south division of the hundred of P. in the said county, whereby victuallers to bles requiring notice to all appear with their licences 801. 5 East. 372. 5 T. R. 697. in order to Cro. C. C. 143, to 145, 151, 154. have them re Cro. C. A. 63, 481. 4 Wentw, newed. (0) VOL. II. (0) Sec similar forms, 4 Went. 347. and other precedents against constables, 1 T. R. 316. 2 Burr. Crim. Law. R the said justices in his majesty's name commanded the said constable, on sight thereof, to issue his precepts to all petty constables 345, 347. Stark. 576, to 584. 2 Ld. Raym. 1189. The offence. An indictment lies at Common Law against all subordinate officers for neglect and misconduct in the discharge of their official duties. See the above precedents and notes. Thus a Constable may be indicted for refusing to pursue a felon upon hue and cry on notice. Cro. Eliz. 654. an overseer for refusing to join with his colleagues in making a poor's rate, 1 Stra. 101. and for not obeying an order of justices, 1 T. R. 316. as well as against any other persons for disobedience to such order, 2 Burr. 799. And by 11 Geo. I. c. 4. s. 6. "If any mayór, bailiff, or bailiffs, or other chief officer or officers of any city, borough, or town corporate, shall voluntarily absent himself or themselves from, or knowingly, and designedly prevent or hinder the election of any other mayor, bailiff, or other chief officer in the same city, borough, or town corporate, upon the day or within the time appointed by charter or ancient usage for such election, the person or persons so offending, being thereof lawfully 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 indictable 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 ill-treat 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 indictment 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 appears, 5 T. R. 607. Nor when a and tything men within the said chief constable's division, strictly requiring them to give notice to all victuallers and retailers of ale beer or other liquors, personally to appear before them, the said two justices, and such other of his majesty's justices of the peace, of the said county, as should be assembled at the house of T. P., known by the sign of the King's Arms, at, &c. on, &c. then next by ten of the clock in the forenoon of the same day, and bring with them respectively, 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 return to them the public officer is charged with a breach of duty in certain acts within the limits of his office, is it necessary 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 deerstealing 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. |