filth, whereby divers noxious and unwholesome smells from the said dung and filth did then and there arise, and thereby the air there became and was greatly corrupted and infected, to the great damage and common nuisance not only of all the liege subjects of our said Lord the King inhabiting and residing near the place where the said dung and filth was so put, placed, and left as aforesaid, but also of all other liege subjects of our said Lord the King, in, by, and through the said highway, and near the place aforesaid, going, returning, passing, and repassing, and against the peace, &c. That J. B. late of &c. on &c. and on divers other days and Indictment for times between that day and the day of the taking of this inquisition, keeping a furious at &c. aforesaid, near unto the King's common highway there, un- dog unmuzzled lawfully did keep, and still doth keep, a certain large dog, of a near highway. very fierce and furious nature, and the said dog, on &c. and on the said other days and times, at &c. aforesaid, near unto the said highway there, unlawfully did permit and suffer, and still doth permit and suffer to go unmuzzled, and at large, he the said J. B. at the said several days and times well knowing the said dog to be of a very fierce and savage nature and disposition, and prone to bite, worry, and injure all persons passing and repassing on the said highway, by reason whereof the liege subjects of our said Lord the King, on the said &c. at &c. aforesaid, could not, nor can they now go, return, pass, and labour in and through the said highway there, without great hazard and danger of being bit, maimed, and torn by the said dog, and losing their lives, to the great damage, terror, and common nuisance, &c. and against the peace, &c. That H. D. late of &c. on &c. and on divers other days and times Indictment for between that day and the day of the taking of this inquisition, with keeping hogs force and arms, at &c. near the dwelling houses of divers liege subjects near a public of our said Lord the King, and also near divers public streets and street. common highways, there did and yet doth keep divers, to wit, six hogs; and the said hogs then and there to wit, on &c. and on the said other days and times, at &c. aforesaid, unlawfully and injuriously did feed, and yet do feed, with the offal of fish, and entrails of beasts, and other filth, by reason whereof divers noisome and unwholesome smells and stenches during the time aforesaid, did from thence there arise, and the air there was and yet is thereby greatly corrupted and infected, to the great damage and common nuisance, &c. and against the peace, &c. Smith, 4 Esp. 111. and another is continually occurring respecting the subject of this precedent; viz., dung, fish, sea weed, and other descriptions of manure deposited for short periods near the places where they are collected, in order to be taken to neighbouring fields for the improvement and promotion of agriculture. Large quantities of manure are frequently collected in large cities, and laid in heaps on the banks of canals and navigable rivers, for conveyance by barges and boats. In these, and such like instances, the general benefit appears to counterbalance the local inconvenience, especially if the offensive matter remain no longer on each occasion than the necessity of the case requires. Indictment for knowingly keep ing an unruly That R. O. late of &c. on &c. and on divers other days and times, between that day and the day of the taking of this inquisition, unlawfully did keep at large, and still doth keep at large, a certain bull, bull in a field of a very fierce, furious, and unruly nature, in a certain open field through which called the milking pasture, situate, lying, and being at the parish of there was a pub- N. in the said county of M. (the same field, on the days and times lic footway. aforesaid, and still being, in the possession and occupation of him, the said R. O.) aud, that before and at the time of committing of the offence hereafter mentioned, there was, and still is, a certain ancient common and public footway, leading from the town of M. in the parish aforesaid, through and along the said field, towards and unto the town of B. in the same county, used for all the liege subjects of our said Lord the King, to pass and repass, in, through, over, and along the same at their free will and pleasure, about their lawful affairs and business. And that the said bull, on &c. at &c. furiously ran at, to, and against one W. T. D. a liege subject of our said Lord the King, then passing in and along the said footway, in the said field, about his lawful affairs and business; and then and there, with its head and horns, furiously pushed at, cast down, and prostrated the said W. T. D. there, and greatly hurt, bruised, gored, and wounded the said W. T. D. in and upon the left shoulder of him the said W. T. D. insomuch that his life was greatly despaired of. And the jurors, &c. that the said bull afterwards, to wit, on &c. and on the said other days and times above mentioned, at &c. so being in the said field, and of such nature as aforesaid, furiously ran at, and after divers other liege subjects of our said Lord the King, then passing, and repassing, in and along the said footway, in the said field there, about their lawful affairs and business, and thereby greatly affrighted, terrified, and alarmed the said last mentioned subjects and divers other liege subjects of our said Lord the King, on the days and times aforesaid, having occasion to pass, and repass, in and along the said footway, in the said field, could not, nor can they now pass or repass in and along the same without great hazard and danger of being torn, gored, and wounded by the said bull, (he the said R. O. on the said days and times respectively above mentioned, and long before, and still well knowing the said bull to be of such fierce, furious, and unruly nature, and accustomed to run at and after, and injure persons passing and repassing, over, through, and along the said field there,) to the great terror and common nuisance of all the liege subjects of our said Lord the King, passing, and repassing, in and along the said footway, in the said field there, and against the peace, &c. Indictment for That on &c. E. R. an infant of tender age, to wit, about the age exposing a child of four years, was infected, ill, and sick of and with a certain containfected with the gious infectious, and dangerous disease and sickness, called the small small pox in pox, at &c. And that M. B. the wife of C. B. late of &c. aforesaid, public streets.(x) having the care and nurture of the said E. R. well knowing the pre mises aforesaid, afterwards, and whilst the said E. R. was so infected, ill, and sick as aforesaid, to wit, on &c. aforesaid, with force and arms, at &c. aforesaid, unlawfully and injuriously did take and (a) See the King v. Vantandillo, 4 M. and S. 73; the King v. Sutton, 4 Burr. 2116; the King v. Barrett, 4 M. and S. 272. carry the said E. R. into and along a certain open public street and And the jurors &c. that the said M. B. well knowing that the said Second count. E. R. was so infected, ill, and sick as aforesaid, afterwards, and whilst the said E. R. was so infected, ill, and sick, to wit, on the said, &c. and on divers other days and times between that day and the said, &c. in the same year, with force and arms, at &c. aforesaid, unlawfully and injuriously did take and carry the said E. R. into and along the aforesaid open public way and passage, called, &c. situate and being, &c. and near unto and by the aforesaid dwelling-houses, habitations, and residences of divers liege subjects of our said Lord the King, there dwelling, inhabiting, and residing, and also near unto and by divers liege subjects of our said Lord the King, in the said open public way and passage, on &c. and on the said other days and times as last mentioned there being, to the great and and manifest danger of infecting with the said contagious, infectious, and dangerous disease and sickness called the small-pox, divers of the liege subjects of our said Lord the King, who on the said, &c. and on the said divers other days and times last mentioned, were in the said open and public way and passage, and who dwelled, inhabited, and resided there, and near thereto, and who were liable to take the said disease and sickness; to the great damage and common nuisance, &c. and against the peace, &c. U Offence of re offices. § 18. OFFICES-NOT ACCEPTING, ABUSING, OR NEGLECTING. 1. Refusing to accept Offices. 2. Committing Extortion, Oppression, or Fraud in Offices. 3. Neglecting the Duties of Offices. 1. Refusing to accept offices.-The refusal to accept fusing to accept offices which parties are liable to serve, and to which they are duly appointed, is an indictable offence. Thus a person duly chosen is indictable for refusing to take on himself the office of constable of a parish which he inhabits; (y) or the office of overseer of the poor, (x) or any other ministerial office; but notice of the appointment must be first given him; and the indictment must shew the duty he has violated, by setting out the mode in which he was appointed, and how he became liable to serve. (a) Indictment against a person for refusing to take upon himself the office of chief constable, being duly Indictments. That at the general quarter session of the peace (here insert the caption of the session), one A. B. of the parish of C. within the hundred of O. in the county of M. aforesaid, yeoman, then and long before being an inhabitant, and residing in the said parish of C. within the hundred and county aforesaid, and an able and proper person to execute the office of chief constable, within the said hundred, was in due manner elected by the justices above named, at the same session, to be one of the chief constables of the hundred aforequarter sessions. said, in the rcom and instead of one C. D. whereof he the said A. B. afterwards, to wit, on the same day, and in the year aforesaid, at the parish aforesaid, within the hundred and county aforesaid, had notice; nevertheless the said A. B. his duty in that behalf not regarding, but contriving and intending wholly to neglect to serve the said office of chief constable, on the said day of in the elected at the Indictment for refusing to take the oath of con stable of a manor, to which office defendant year aforesaid, and continually afterwards, until the day of the taking of this inquisition, at the parish aforesaid, within the hundred and county aforesaid, unlawfully, wilfully, obstinately, and contemptuously did neglect and refuse to take upon himself and execute the said office of chief constable, within the said hundred of O. in the county aforesaid; to the great hindrance of public justice, and against the peace, &c. That on &c. at a court-leet of Sir T. L. knight and baronet, lord of the manor of H. in the said county of W. then held in and for the said manor of H. before P. Q. gentleman, then being steward of the said court of the said Sir T. L. lord of the said manor, T. O. late of &c. within the manor aforesaid, in the county aforesaid, (y) The King v. Harper, 5 Mod. 96. baker, according to the custom of the said manor, was duly nomi- was duly elected nated and elected by R. R., S. S. &c. (the names of the jurors) the at a court-leet, jury then and there duly sworn at the said court-leet, as well for and for refusing our said Lord the King, as for the said lord of the said manor, to be sworn into according to the custom of the said manor, one of the constables of office, after a certhe said manor of H. for the year then next ensuing (he the said tificate from the T. O. then being an inhabitant and resident of and within the said steward to twe manor, and a fit person to be so nominated and elected, and a per- tice so to do. justices, and noson liable to be nominated and elected to the said office), to wit, at &c.; and that afterwards, to wit, on &c. at the parish aforesaid, in the manor and county aforesaid, the said T. O. had notice from the said P. Q. so being steward as aforesaid, of such his nomination and election as aforesaid; and that afterwards, to wit, on &c. at &c. aforesaid, in the manor and county aforesaid, the said P. Q. then being such steward as aforesaid, did certify under his hand and seal to Sir A. H. baronet, and the Rev. C. S. clerk, two of his Majesty's justices of the peace, assigned, &c. in said county of W. in petty sessions assembled at K. in the said county of W. that the said T. O. had according to the custom of the said manor been appointed at a court-leet, held in and for the said manor of H. on &c. constable of the said manor of H. whereupon the said Sir A. H. baronet, and C. S. clerk, the justices aforesaid, afterwards, to wit, on &c. at &c. aforesaid, did make and issue a certain summons under their hands and seals directed to the constable of H. aforesaid, for that time being, thereby requiring him the said constable forthwith to summon the said T. O. to appear before them the said Sir A. H. baronet, and C. S. clerk, being such justices as aforesaid, at the session-house in K. aforesaid, on &c. by one of the clock in the afternoon of the same day, to take the oath of office of constable for the said manor of H. so being nominated and elected for and to that office as aforesaid; and the jurors, &c. do further present, that the said T. O. afterwards, to wit, on &c. at &c. aforesaid, was duly summoned by X. Y. then being such constable of the manor of H. aforesaid, to appear before the said Sir A. H. baronet, and C. S. clerk, being such justices as aforesaid, at the said session-house in K. aforesaid, on &c. aforesaid, by one of the clock in the afternoon of that day, to take the oath of office aforesaid, according to the tenor of the said summons, and that although the said T. O. personally appeared before the said Sir A. H. baronet, and C. S. clerk, on the day and at the place in that behalf aforesaid, according to the summons aforesaid, and was then and there required by the said Sir A. H. baronet, and C. S. clerk, to take the said oath of office, of constable of and for the said manor of H. according to the nomination and election aforesaid, yet the said T. O. then and there, to wit, on &c. at &c. unlawfully, wilfully, obstinately, and contemptuously did refuse and deny, and still doth refuse and deny, to take the said oath of office, and to be duly sworn in the said office of constable, of and for the said manor of H. for the year next ensuing, and to take upon him the said office of constable, contrary to his duty in that behalf, to the great hindrance of justice, and against the peace, &c. That on &c. at &c. B. C. esq. and D. E. esq. then and yet being Indictment for two of the justices of our said Lord the King, assigned to keep the refusing to serve |