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ard of the said society according to the rules of the said society, and did thereupon claim to be allowed the weekly sum of 5s. during the time which he should continue so incapable as aforesaid, from the funds of the said society, pursuant to the articles of the said society, and that a certificate under the hand of T. W. G. surgeon, to the said society, that he the said J. W. was by sickness rendered incapable of working at his trade or business, or otherwise for his livelihood, was on the said, &c. delivered to the said J. R. and that the said J. W. had ever since the said, &c. been and still was by sickness rendered incapable of, and disabled from, working at his trade or business, or otherwise for his livelihood, and on, &c, then instant became and still is lawfully intitled according to the rules of the said society to the sum of 47. 12s. which with eight shillings already received from the said J. R. made the sum of 51. for twenty weeks' allowance from the funds of the said society, and that the said J. R. had not paid to the said informant J. W. the said sum of 47. 12s. to which he was intitled as aforesaid or any part thereof, and that the same was still due and owing to the said J. W. according to the rules of the said society, to wit, at the, &c. aforesaid. the jurors, &c. do further present, that the said J. S. and C. S. being such justices as aforesaid, did thereupon afterwards, to wit, on, &c. aforesaid, duly summon the said J. R. to appear before them the said J. S. and C. S. so being such justices as aforesaid, to show cause why the said sum of 4l. 12s. should not be paid to the said J. W. accordingly, and that the said J. R. having been so summoned as aforesaid, afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, and before the said J. S. and C. S. being such justices as aforesaid, personally appeared to show to the said justices cause why the same should not be paid as by the said summons he was required: and that the said J. S. and C. S. being such justices as aforesaid, did thereupon afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, hearing as well what was alleged and proved, as well by the said J. W. as by the said J. R., of and concerning the premises before them the said justices did then and there make their certain order in writing signed with their proper hands, and sealed with the respective seals of them the said J. S. and C. S., so being such justices as aforesaid, the tenor of which said order is as follows:-[It was here observed that the order should be here set out verbatim and literatim, so that upon a writ of error or removal, by certiorari, the order may appear on the face of it to have properly pursued the authority given by the statute; but quære, if not sufficient to state the order without stating the tenor, &c. After reciting all the preceding circumstances, and the proceedings before the justices, the order as set forth pro

ceeded as follows:] thereupon, they the said justices did thereby order, that the said J. R. should forthwith pay to the said J. W. the sum of 47. 12s. as and for the arrears of the said weekly allowance, which became due from the said society to the said J. W., on the ninth day of February, then instant. And they the said justices did thereby further order, that the said J. R. should forthwith pay to the said J. W. the further sum of 10s. as and for the costs sustained and paid by him, in and about the premises, making together with the said sum of 47. 12s., the sum of 5l. 2s.; to wit, at, &c. aforesaid. And the jurors, &c. do further present, that after the said order of the said J. S. gentleman, and C. S. esquire, the said justices, was so then and there made, in the premises as aforesaid, to wit, on, &c. at, &c. aforesaid, the said J. R., so being such high steward as aforesaid, had notice of the said order, and the said sum of 51. 2s. was then and there, by the said J. W. duly demanded of the said J. R., high steward as aforesaid, to be then and there paid by him the said J. R., so being such high steward as aforesaid, to him the said J. W., in pursuance of, and obedience to, the said order of them the justices aforesaid, according to the exigency thereof, and according to the said office and duty of the said J. R., as such high steward of the said Friendly Society as aforesaid. And the jurors, &c. do further present, that the said J. R., well knowing the premises, afterwards, to wit, on the said, &c. at, &c. aforesaid, unlawfully, knowingly, wilfully, obstinately, and contemptuously, did then and there wholly neglect and refuse to pay to the said J. W. the said sum of 51. 2s., as by the said order he the said J. R. was required to do, or in any wise to obey the said order, and the same still remains wholly disobeyed and set at naught by the said J. R., to wit, at, &c. aforesaid, in great contempt of the laws and statutes of this realm, to the evil example, &c. and against the peace, &c.--[Second count stating only the substance of the order.]

That one E. F. before the making of the order hereinafter nien- Against the tioned, had been, and was admitted, a member of a certain friendly stewards, &c. society, called, &c. established at, &c. by virtue of a certain act of society for parliament, made and passed in the parliament of our lord the king, order of jusdisobeying an holden at Westminster, in the county of Middlesex, in the thirty- tices to appear and produce third year of the reign of our said lord the king; intituled, an act, their rules, &c. &c. the rules, orders, and regulations of which said society were (0) duly confirmed, according to the directions of the said act of parliament. And the jurors, &c. do further present, that the said J. A. having been admitted a member of the said society, as aforesaid, before the making of the order hereinafter mentioned, had

(0) MS. of a gentleman at the bar. See the last precedent.

been expelled from the said society, and deprived of certain relief and maintenance, to which he considered himself entitled by the stewards of the said society for the time being, and other officers and members thereof, and the said E. F. thought himself aggrieved thereby, and thereupon made complaint thereof to, &c. and, &c. two of his majesty's justices of the peace, assigned, &c. in which the said society was established as aforesaid, against A. B. late of, &c. and C. D. late of &c. who then, and from thence, until, and at the time of the disobedience of the order hereinafter mentioned, were stewards of the said society, I. K. late of, &c. who then, and during that time, was one of the inembers of the said society, L. M. late of the same place, &c. who then, and during that time, was clerk to the said society; and the said defendants were thereupon duly summoned by the said justices to appear before them at a convenient time and place named in such summons, they the said defendants, or some or one of them, appearing to such justices to have the custody of the said rules, orders, and regulations, of the said society, and the said defendants had not appeared before the said justices, pursuant to the said summons, to wit, at, &c. And the jurors, &c. do further present, that thereupon, heretofore, to wit, on, &c. at, &c. the said defendants so being such justices as aforesaid, on proof upon oath of such summons as aforesaid being duly served, did proceed to hear and determine the matter of the aforesaid complaint, according to the true purport and meaning of the said rules, orders, and regulations of the said society, and the directions of the said act of parliament, and did thereupon, then and there, make a certain order in writing, under their hands and seals, directed to the said, &c. so being stewards of the said society, the said, &c. so being a member thereof, and the said, &c. so being clerk thereof, as aforesaid, and all other persons whomsoever, being officers or members of the said society, whereby after reciting amongst other things, that, &c. [recite the order,] as by the said order of justices fully appears, of which order the said defendants heretofore, to wit, on, &c. at, &c. had notice. And the jurors, &c. that the said, &c. so being stewards of the said society, the said, &c. so being a member thereof, and the said, &c. so being clerk thereof as aforesaid, well knowing the premises, but not regarding the said order, nor the said act of parliament, did not, nor would, nor did, nor would either of them personally, or otherwise, be or appear before the said justices at the time and place, in that behalf above mentioned: nor did, nor would, then and there produce before them, the said justices, for their inspection, such books, papers, and writings, as aforesaid, or any, or either of them, or in any respect comply with, or obey, or regard the same order, as they could,

and might and ought to have done, but wholly refused and neglected so to do, and therein then and there wholly failed, and made default, contrary to the form of the said order, and the said statute in such case made and provided, to the evil example, &c. and against the peace, &c.

FOR EXTORTION.

stable for taking money of a person whom he had appre

That C. O. late of, &c. on, &c, at, &c. then and still being one Against a conof the peace officers of our said lord the king, called a headborough, in and for the parish of, &c. in the county aforesaid, did arrest and take into his custody one W. S., by virtue and under colour of a war- hended under rant of J. G. esquire, then and still being one of the justices of our pretence of getting him said lord the king, assigned, &c. [as ante, 182.] then and there discharged directed to the constables, and other his majesty's officers of the without any proceedings peace of the said county, to take and bring before the said J. G., being had beor some other of his majesty's justices of the peace of the said fore the jus

(p) See form, 4 Wentw. 146. and ante 258. note (a). See other Precedents. 3 Ld. Raym. 61. Burn, J. Extortion. Williams, J. Extortion, Cro. C. C. 193 to 197. 4 Wentw. 146, 147. Dick. Sess. 177. Offence. See, in general, Co. Lit. 368. b. 2 Inst. 209, 210. 3 Inst. 149, 150. Hawk. b. 2. c. 68. Com. Dig. Extortion, Officer H. Bac. Abr. Extortion, Officer N. Burn, J. Extortion. Williams, 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

tice of the peace. (p)

county, the body of the said W. S., to answer all such matters and things, as on his majesty's behalf were on oath objected against him

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 cri.minal 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, 2 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 authorities collector of certain duties, but whose appointment subsequently 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 been lawfully taken must be expressed, 3 Leon. 268. Com. Dig. Extortion, C. The court will not quash an indictment for extortion upon motion, though

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