the same.

before them the said justices to make his defence of and concerning the premises, and to show cause why an order of maintenance should not be made upon him for the cause aforesaid, to which said summons he the said R. M. I. then and there, before the making of any order in that behalf, personally appeared before the said justices, but did not make any sufficient defence, or show any cause why an order should not be made upon him, whereupon the said justices, upon hearing the said complaint upon oath, afterwards, to wit, on, &c. last aforesaid, at the parish aforesaid, did, by their discretion, make order of and concerning the premises, and by their said order in writing, under their hands and seals, bearing date, &c. reciting to the effect hereinbefore mentioned, adjudged the same to be true, and thereby, as well upon examination of the cause and circumstances of the premises, upon the oath of the said H. T. as otherwise, did declare and adjudge the said R. M. I. [set forth the order verbatim]. And the jurors, &c. that after the making of the said order, to wit, on, &c. last aforesaid, at the parish aforesaid, notice of the aforesaid order was duly given to him the said R. M. I. and that he the said R. M. I. was duly made acquainted with the contents thereof, and duly and personally served with And the jurors, &c. that the said bastard child is yet living, and bath always from the time of making the said order, until the day of taking this inquisition, been and continued, and now is, chargeable to the said parish of M. to wit, at the parish aforesaid, and that before and at the time of making of the said order, and from thence continually till the taking of this inquisition, one ——— - and one —— were and still are overseers of the poor of the said parish of M. duly constituted, of which he the said R. M. I. had due notice, to wit, at the, &c. aforesaid; and the jurors, &c. do further present, that the said R. M. I. late of, &c. not regarding the said order, nor the laws and statutes in such case and provided, did not upon notice and service of the said order forthwith pay or cause to be paid, &c. [negativing the performance of the duty in the words of the order], although so to do he the said R. M. I. afterwards, to wit, on, &c. and often both before and afterwards, to wit, at the parish aforesaid, was duly requested by the said, &c. so being such overseers as aforesaid, but on the contrary thereof, he the said R. M. I. on and from the said, &c. until the taking of this inquisition, unlawfully, wilfully, obstinately, and contemptuously hath neglected and refused to pay, or cause to be paid, the said sum of, &c. [the sum ordered for expenses] as also the said sum of, &c. [the weekly sum] weekly, and every week, from the time of making the said order, hitherto, contrary to the direction of the said order, and in manifest breach and contempt of the same; against the peace, &c.

Indictment against Stewards, &c. of a Friendly Society for Disobedience to an Order of Justices made on a Society established before 10 G. IV. c. 56 (x).

That one A. B. before the making of the order hereinafter mentioned, had been and was admitted a member of a certain friendly society, called the Royal Oak

() As to this being an indictable offence, see R. v. Harris, 4 T. R. 202. But by 49 G. III. c. 124, s. 1, two justices are empowered, if the officer of any such society neglect or refuse to appear

on summons for that purpose duly served on him, or having appeared, to make a sufficient defence in answer to the com. plaint, to grant a warrant of distress against the goods of the offender, in

Society, established at in the county of — by virtue of a certain act of parliament, made and passed in the parliament of our lord the King, holden at Westminster, in the county of Middlesex, in the thirty-third year of the reign of our said lord the King, entitled An Act, &c. [insert the title of the act 33 G. III. c. 54], the rules, orders, and regulations of which society were duly confirmed according to the directions of the said act of parliament (y). And the jurors, &c. that the said A. B. having been admitted a member of the said society as aforesaid, before the making of the order hereinafter mentioned, had been expelled from the said society, and deprived of certain relief and maintenance, to which he considered himself entitled from the stewards of the said society for the time being, and other officers and members thereof, and the said A. B. thought himself aggrieved thereby, and thereupon made complaint thereof to P. Q. and X. Y. esquires, two of his majesty's justices of the peace, assigned, &c. in the said, &c. in which the said society was established as aforesaid, against M. M. late of, &c. and W. W. 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, and O. O. 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, according to their respective christian and surnames respectively (z), 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. (a). And the jurors, &c. 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 [or acts] 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, and to 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,

order to levy the sum adjudged to the complainant, with all costs attending the complaint.

(y) This averment is sufficient, without alleging the rules to have been filed; see 33 G. III. c. 54, s. 15; R. v. Gilkes, 8 B. & C. 861. The time for confirmation was limited by this act; extended by 35 G. III. c. 111; and rendered unlimited by 49 G. III. c. 125; so that, if the society was established at a later period, and their rules confirmed under the authority of either of the subsequent acts, it must be so stated. As to societies recently established, see 59 G. III. c. 128, whereby petty sessions are empowered to carry into effect the rules of those societies, if conformable with gene

ral rules of quarter sessions previously promulgated, and also with the calculations on which the benefits of the particular society are to be enjoyed, with the approbation of two actuaries, duly authenticated.

(z) By s. 4 of 49 G. III. c. 125, it is required that the summonses shall be served upon the officers of those societies in the proper name or names of such officers.

(a) It is scarcely necessary to observe, that if the parties summoned do appear, but do not show sufficient cause why the order should not be made, and it is actually made, the allegations must be conformable with the facts.

amongst other things, that, &c. [recite the order requiring the defendants to attend and produce books, &c.] as by the said order of justices fully appears, with which order the said M. M. and W. W. heretofore, to wit, on, &c. at, &c. were personally served, and of which order they the said M. M., W. W., and O. O. then and there had notice. And the jurors, &c. that the said M. M. and W. W. so being stewards of the said society, and the said O. O. &c. so being clerk thereof as aforesaid, well knowing the premises, but not regarding the said order, nor the said act [or acts, as the case may require] 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 state any other facts of disobedience,] or in any respect comply with, or obey, or regard the same order as they could, and might, and ought to have done, but on, &c. at, &c. wholly refused and neglected so to do, and herein then and there wholly failed and made default; contrary to the form of the said order, and against the peace, &c.

Indictment against the Stewards, &c. of a Friendly Society for disobeying an Order of Justices made under 10 G. IV. c. 56, s. 27. That one A. B. before the making of the order hereinafter mentioned, had been and was admitted a member of a certain friendly society, called, &c. established and holden at, &c. by virtue of a certain act of parliament made and passed in the parliament of our lord the late King George the Fourth, holden at Westminster, in the county of Middlesex, in the tenth year of the reign of our said lord the late King, entitled "An Act to consolidate and amend the Laws relating to Friendly Societies," the rules, orders, and regulations of which said society were duly confirmed and enrolled according to the directions of the said act of parliament. And the jurors aforesaid, on their oath aforesaid, do further present, that according to one of the said rules, orders, and regulations, it was, amongst other things, ordained, that, &c. [here set forth the rule which the society has broken, and concerning which the order was made]. And the jurors aforesaid, on their oath aforesaid, do further present, that by the said rules, orders, and regulations, it was and is directed that any matter in dispute between the said society and any member thereof should and shall be decided by justices of our lord the King [or lady the Queen, as it may stand in the rule recited], assigned to keep the peace of our said lord the King, in and for the county of And the jurors aforesaid, on their oath aforesaid, do further present, that the said A. B. having been admitted a member of the said society aforesaid before the making the order hereinafter mentioned, had been, contrary to the said first mentioned rule, order, and regulation, expelled from the said society, and deprived of certain relief and maintenance, to which he considered himself entitled according to the said first mentioned rule, order, and regulation, by the stewards of the said society for the time being, and other officers and members thereof; and that E. F. and C. D. stewards of the said society for the time being, had neglected and refused to comply with the said first mentioned rule, order, and regulation, and the said A. B. thought himself aggrieved thereby, and thereupon made complaint thereof to J. P. one of her majesty's justices of the peace, assigned to keep the peace, and hear and determine

"

divers felonies, trespasses, and other misdemeanours committed in the said county, and residing in the said county aforesaid, against E. F. 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; and the said E. F. and C. D. were thereupon duly summoned by the said justice to appear before him or some other of his majesty's justices of the peace in and for the said county, at a convenient time and place named in such summons. And the jurors aforesaid, on their oath aforesaid, do further present, that thereupon heretofore, to wit, on, &c. at, &c. the said E. F. and C. D. appeared pursuant to the said summons before J. P. and S. P. being two of the justices of our lady the Queen, in and for and residing in the said county, the said A. B. being also then and there present; and the said J. P. and P. S. so being such justices as aforesaid, did then and there proceed to hear and determine the matter of the aforesaid complaint according to the true purport and meaning of the 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 E. F. and C. D. so being stewards of the said society, and all other persons whomsoever, being officers or members of the said society, whereby, after reciting that, &c. [set forth the recitals], it was ordered, &c. [set forth the adjudicatory part of the order], as by the said order of justices fully appears; of which order the said E. F. and C. D. afterwards, to wit, on, &c. at, &c. had notice. And the jurors aforesaid, on their oath aforesaid, do further present, that the said E. F. and C. D. so being stewards of the said society, 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, &c. [deny fully the part of the order ordering the act omitted to be complied with], or in any respect comply with, or obey, or regard the same order, as they could, and might, and ought to have done; and on, &c. at, &c. 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, and against the peace of our said lady the now Queen, her crown and dignity.

SECTION XXII.

RECEIVING THINGS UNLAWFULLY OBTAINED OR Embezzled. Offences under 7 & 8 G. IV. c. 29.]-The guilty receiving things. fraudulently obtained or embezzled, where the principal offence was a misdemeanour only, has been, for the first time, constituted an indictable offence by 7 & 8 G. IV. c. 29, s. 56, which enacts, "That if any person shall receive any chattel, money, valuable security, or other property whatsoever, the stealing, taking, obtaining, or converting whereof is made an indictable misdemeanour by this act, such person knowing the same to have been unlawfully stolen, taken, obtained, or converted, every such receiver shall be guilty of a misdemeanour, and

may be indicted and convicted thereof, whether the person guilty of the principal misdemeanour shall or shall not have been previously convicted thereof, or shall or shall not be amenable to justice; and every such receiver shall, on conviction, be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment."

This provision, it will be observed, applies to all cases of property stolen, to steal which is made by this act a misdemeanour; as wills, records, and title-deeds; to all cases of embezzlement by every description of agent; to all cases where the things received have been obtained by false pretences; and to every species of property, whether goods, money, or securities. This offence, like felonious receiving, may be tried in any county where the goods have been in possession of the receiver, or in that where the principal offence was committed (b).

Indictment for receiving Goods obtained by False Pretences.

That A. B. late of, &c. on, &c. at, &c. unlawfully, knowingly, and fraudulently did receive ten gold watches, of the value of one hundred pounds, of the goods and chattels of E. F. by one C. D. then lately before unlawfully obtained from the said E. F. by false pretences (c), that is to say, by falsely pretending that he the said C. D. was the servant of one G. H. and had been sent by the said G. H. for the said watches to be inspected by him, whereas, in truth and in fact, he the said C. D. was not the servant of the said G. H. nor sent by him for the said watches to be inspected by him, or for any other purpose whatsoever; he the said A. B. at the time he so received the said gold watches, on, &c. at, &c. then and there well knowing the same to have been so unlawfully obtained by the said C. D. from the said E. F. by the false pretences aforesaid; against the form of the statute, &c. and against the peace, &c.

Offence under 7 & 8 G. IV. c. 29, s. 21.]-The records and proceedings of courts of justice were not the subjects of larceny at common law, nor was any adequate punishment provided for defacing them. To remedy this evil, the 7 & 8 G. IV. c. 29 contains the

(b) 7 & 8 G. IV. c. 29, s. 56. (c) Essential to be stated: as also that the receiver knew them to be so unlawfully obtained, Reg. v. Frances

Wilson, 2 Moo. C. C. 52. "Unlawfully taken and carried away," will not suffice, S. C.