and then and there before the said R. B. so being such master as aforesaid, was duly sworn, and took his corporal oath upon the holy gospel of God, concerning the truth of the matters contained in the said affidavit, the said R. B. then and there having a lawful and competent authority to administer the said oath to the said J. M. and to take and receive the said affidavit of the said J. M.; (m) and that the said J. M. being so sworn as aforesaid, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and having no regard to the laws and statutes of this realm, nor fearing the penalties or punishment therein contained, did then and there to wit, on, &c. aforesaid, at, &c. aforesaid, in and by his affidavit aforesaid, on his oath aforesaid, before the said R. B. so being such master as aforesaid, (the said R. B. having a lawful and competent authority to administer the same oath to the said J. M. and to take and receive his said affidavit) falsely, corruptly, knowingly, wilfully, and maliciously depose and swear amongst other things in one part thereof, as follows, that is to say, And this deponent (meaning himself the said J. M.) further saith, that the said W. M. (meaning the said W. M.) never was a partner with him this deponent (meaning himself the said J. M.) or interested with him (meaning the said J. M.) nominally or really, in the property or profits of his (meaning the said J. M.'s) said trade, (meaning the trade of a furnishing ironmonger) or of any other trade whatsoever, and in another part thereof as follows, that is to say. And this deponent (meaning himself the said J. M.) further saith, that there is not any joint estate in which the said W. M. (meaning the said W. M.) is, or ever was interested with him this deponent (meaning the said J. M.) to the knowledge or belief of this deponent (meaning the said J. M.) Whereas in truth and in fact, the said W. M. before the awarding and issuing of the said commission of bankrupt, was a partner with the said J. M. in the trade of a furnishing ironmonger; and whereas in truth and in fact, the said W. M. before the awarding and issuing of the said commission, was really interested with him the said J. M. in the property and profits of his the said J. M.'s trade of a furnishing ironmonger. And whereas in truth and in fact, the said W. M. before the awarding and issuing of the said commission of bankruptcy, was nominally interested with the said J. M. in the property and profits of his the said J. M.'s said trade of a furnishing ironmonger. And whereas in truth and in fact there was, before the awarding and issuing of the said commission, a joint estate in

(m) See ante 413.

For perjury in an affidavit

made before

to induce him

lowance of bankrupt's

gaming. (n)

which the said W. M. was interested with the said J. M. as the said J. M. at the time of his so swearing as aforesaid, well knew. And so the jurors, &c. do say, that the said J. M. on the said, &c. aforesaid, at, &c. aforesaid, upon his oath aforesaid, before the said R. B. so being such master, and having such authority as aforesaid, by his own act and consent, and of his own most wicked and corrupt mind, falsely, wickedly, maliciously, wilfully, and corruptly, in manner and form aforesaid, did commit wilful and corrupt perjury, to the great displeasure of Almighty God, in contempt, &c. to the evil and pernicious example, &c. and against the peace, &c.

Middlesex. That heretofore, to wit, on, &c. a certain commission of our said lord the king, pursuant to, and grounded on the the chancellor several statutes then in force concerning bankrupts, was under the to refuse al great seal of Great Britain, in due manner, according to the form of the said statutes, awarded and issued out of the high court of certificate, on chancery of our said lord the king, (o) the said court then being held the ground of at, &c. against one J. H. directed to certain commissioners therein named, under which said commission of bankrupt, he the said J. H. was found and declared to be a bankrupt, according to the form of the statutes in such case made and provided, and such proceedings were thereupon had upon the said commission of bankrupt, that a certificate of the said J. H. having made a full discovery of his estate and effects, and in all things duly conformed himself, according to the directions of an act of parliament made and passed in the fifth year of the reign of our late sovereign George the Second, intituled, "An act to prevent the committing of frauds by bankrupts," had been and was obtained by him the said J. H. and signed and sealed by the major part of the commissioners in the said commission named, and had been, and was laid before the right honorable lord L. then lord high chancellor of Great Britain, for his allowance thereof. And the jurors, &c. do further present, that G. W. late of, &c. being an evil disposed person, and well knowing the premises aforesaid, and unlawfully and wickedly devising, contriving, and intending to injure, oppress, and aggrieve the said J. H. and wilfully, and maliciously, as much as in him lay, to prevent and hinder the allowance of the said certificate of the said J. H. so by him obtained as aforesaid, by the said lord chancellor afterwards, and whilst the said certificate lay for the allowance of the said lord

(n) This was the indictment against George Wintle, A.D. 1800. who was convicted; from the MS. of an eminent crown lawyer at the

bar, see precedents, ante 402 to 416. and notes, ante 302 to $18.

() This allegation is improper, see 8 Campb. 58.

high chancellor, to wit, on, &c. at, &c. aforesaid, in his own proper person came before N. S. esq. then being one of the masters of the said high court of chancery, and was then and there duly sworn, and did take his corporal oath upon the holy gospel of God, before the said N. S. (he the said N. S. being such master as aforesaid, and then and there having competent authority to administer an oath to the said G. W. in that behalf,) and the said G. W. being so sworn, and not having, &c. but being moved, and seduced, &c. then and there to wit, on the said, &c. at, &c. aforesaid, before the said N. S, on his oath, aforesaid, falsely, maliciously, wickedly, wilfully, and corruptly did say, depose, swear, and make affidavit in writing, in substance and to the effect following, that is to say, that he knew J. H. the bankrupt above named, and that on, &c. then last, one Mr. J. M. and the said J. H. called at the dwelling house of the said G. W. situate, &c. and were shown into the said G. W.'s parlour (wherein was also another gentleman, customer to the said G. W.) and the said J. M. came for the purpose of buying some silver spoons of the said G. W. and that soon after the said J. M. and J. H. were seated the said J. H. observed to the said J. M. that as there was a pack of cards (pointing to a pack of cards then lying in the room) that he the said J. H. would play with the said J. M. for the sum of one guinea for a supper to be had on that evening, which challenge the said J. M. accepted, and that they the said J. H. and J. M, did play at the game of putt for the same, which the said J. M. won; and that the said J. H. and the said J. M. afterwards, on the said, &c. played at the game of putt, aforesaid, at the house of the said G. W. for the sum of five guineas each game, and that the said J. M. did then, and there win of the said J. H. two games, and received the sum of ten guineas, of him the said J. H. as the loser of the said two games, whereas in truth and in fact the said G. W. did not know the said J. H. and whereas in truth and in fact the said J. H. did not call at the dwelling house of the said G. W. in, &c. aforesaid, in the said, &c. and whereas in truth and in fact the said J. H. did not play at cards with the said J. M. for a guinea for a supper, on the said, &c. at the said dwelling house of the said G. W. and whereas in truth and in fact the said J. H. and the said J. M. did not on the said, &c. play at the game of putt, at the house of the said G. W. for the sum of five guineas each game, neither did the said JM, then and there win of the said J. H. two games, and receive the sum of ten guineas of him the said J. H. as the loser of the said two games; and whereas in truth and in fact the said J. H. did not play at any game, or lose any money at the house of the said G. W. on the said, &c. VOL. II.

Crim. Law.

Ꮔ Ꭰ

and whereas in truth and in fact the said J. H. did not play with the said J. M. or with any other person at the game of putt, or any game, any sum whatever, nor did the said J. M. receive the sum of ten guineas or any other sum of him the said J. H. as the loser of any game or games, or of any other account whatsoever, on the said, &c, at the said house of the said G. W. and whereas in truth and in fact the said J. H. was not at the dwelling house of the said G. W, in, &c. aforesaid, on the said, &c, And so, &c. [as ante 416.]

For perjury before a com

mons concern

ing bribery

the Cricklade

election. (0)

IN PROCEEDINGS RELATIVE TO ELECTIONS. Middlesex. That the borough of Cricklade, in the county of mittee of the W., is an ancient borough and for a long space of time two burhouse of com- gesses of the same borough have been elected and sent, and have been used and accustomed, and of right ought, to be elected and and treating at sent to serve as burgesses for the same borough, in the parliament of this kingdom, to wit, at the borough of C., in the county of W., and that, on, &c. an election of an apt and discrete burgess of the said borough, to serve as a burgess for the aforesaid borough of C., in the place of W. E. esquire, then deceased, in the then parliament of our said lord the now king came on, to wit, at the borough of C., in &c. and thereupon one S. P. esquire, and one J. D. esquire, were returned to serve in the said parliament for the said borough of C. And the jurors, &c. further present, that afterwards, to wit, on, &c. the said J. D. did present a certain petition in writing to the lower house of parliament of our said lord the king, then held at W. aforesaid, to wit,in the parish of St. M. W., in the county of M., directed to the honorable the commons of Great Britain in parliament assembled, thereby setting forth, among other things, that at the late election of a burgess to serve in parliament for the said borough of C. in the room of the said W. E. esquire, deceased; S. P. esquire, and the petitioner were candidates, and

(0) See 4 Wentw. 300. See 10 Geo. III. c. 16. s. 8. 2 Camp. 134. 6 East, 323. 2 Smith, 526. Cowp. 726. If the precept to hold the election be stated, which seems to be made unnecessary by the statute, a variance between the name of the place in the indictment and precept will not be material; but when it is subsequently stated that the candidates were returned to serve for the bo,

rough, if the name vary from the indenture, the indictment will be defective, 2 Campb. 139. where see a similar precedent which was held bad on the last ground. It states that the matters on which the perjury was assigned were material; and this seems to be proper on such an occasion. See form of indictment for perjury of a voter at an election, 2 Smith Rep. 526. 6 East, 323,

that at the said election which came on, &c. before T. C. bailiff and returning officer for the said borough, a great majority of legal votes was given for the petitioner, who ought to have been returned accordingly, but the said returning officer, notwithstanding such majority had returned the said S. P., and the petitioner, instead of the petitioner alone, to the great injury of the petitioners, and in violation of the rights of the electors of the said borough, and such petitioner, therefore, prayed, that the said return might be amended, by erasing the name of the said S. P. therefrom, and that the said petitioner only might be declared duly elected, or have such other relief as the house should think meet. And the jurors, &c. do further present, that afterwards, to wit, on, &c. the said S. P. esquire, did present a certain petition in writing to the lower house of parliament of our said lord the king, then held at W. in the county of M., to wit, in the parish of St. Margaret Westminster, in the county of M., directed to the honourable the commons of Great Britain, in parliament assembled, thereby setting forth, among other things, that at the late election of a burgess to represent the borough of C., in the county of W., in parliament, in the room of W. E. esquire, deceased, the said S. P., the petitioner, and J. D. esquire, were candidates, that the said election came on about eleven of the clock in the forenoon of, &c. then last past, and the returning officer proceeded to take the poll in the church, as the most convenient place for that purpose, and continued the poll till four of the clock of the afternoon of the same day, when only forty-one out of near two thousand persons having a right to vote, had given their suffrages, that the poll being adjourned to the same place and at the hour of nine on the next morning, the petitioner, with his counsel, agents, and a very numerous body of electors, who meant to vote for the petitioner, appeared at the church-porch pursuant to the said adjournment, that as the returning officer and the candidates, together with the electors, were entering the church, in order to proceed to the place of polling, a riot commenced, which obliged the returning officer immediately to close the poll, and on that account he returned the said J. D., and the petitioner to represent the said borough in the room of the said W. E., and that the petitioner by reason thereof was prevented from receiving the suffrages of a large majority of the electors for the said borough, and of obtaining a legal right to represent the said borough for the remainder of the then present parliament, that from the time of the decease of the said W. E. unto the close of the poll the town of C. by means of the feasts and entertainments daily and constantly given, by and at the expence of the said J. D., or his agents, to the electors of the said borough, in order to procure their votes for the said J. D. was kept, in continual riot,