highways to be carried and conveyed to certain gardens, lands, and grounds of the said W. R. within the said parish, and there to be laid, spread, and used for his own private gain and emolument, and did then and there unlawfully, wilfully, and corruptly, by colour of his said office, cause and procure divers labourers, to wit, &c. [naming them] then and there hired and retained at the costs and charges of the said inhabitants of the said parish to get and * carry gravel and materials for the purpose of repairing and to [*667] repair the highways of the said parish, under the direction of the surveyors of the highways of the said parish, to be employed in the carrying and conveying the said gravel and other materials to the said gardens, lands and grounds of the said W. R. and in there laying, spreading, and using the same for the private gain and emolument of the said W. R. when such labourers ought to have been then and there employed, getting gravel and other materials for the purpose of repairing, and in the repairing such highways, and also did then and there unlawfully, wilfully, and corruptly, by colour of his said office, cause and procure divers teams furnished with horses and other cattle, and with men to attend the same, which had been then and there duly sent by divers inhabitants and occupiers of lands, tenements, and hereditaments within the said parish, to wit, by, &c. [naming them] to perform statute duty for and in the repair of the said highways under the direction of the surveyors of the highways of the said parish, to be employed in the carrying and conveying of the said gravel and other materials to the said lands, gardens, and ground of the said W. R. and in there laying, spreading, and using the same for the private gain and emolument of the said W. R. when such teams and the men attending the same ought to have been then and there employed in getting, loading, and conveying gravel and other materials, for the purpose of repairing, and in the repairing such highways, contrary to the duty of the said W. R. as such surveyor of the highways as aforesaid, to the evil example, &c. and against the peace, &c. [Second count only for procuring gravel dug for the purposes of repairing to be taken to his own premises. Third count for procuring the public labourers to carry gravel for him. Fourth count employing the teams sent to perform statute duty to carry gravel for him. Fifth count for employing the public labourers to dig muck and dirt, and convey it for himself. Sixth count, for employing teams for the same purpose.] · [*668] * INDICTMENTS FOR NOT REPAIRING GAOLS. Against a That within the hundred of M. in the county of C. there now mortgais, and from time whereof the memory of man is not to the congee in possession of trary, there hath been (7) a certain common gaol of our said lord a gaol of a liberty and the king, for the purpose of keeping in safe custody offenders hundred and prisoners within the same, situate and being at M. in the said not repair- county and parcel of a certain tenement commonly called the ing it, gaol tenement, otherwise the gaol house there, and that on, &c. whereby the priso- and continually from thence until the day of taking this inquisition, ners there the said gaol hath been and still is greatly ruinous, in decay, and not be kept out of repair, for want of needful and necessary repairing and safely. () amending the same, so that offenders and prisoners, during such court, for in could time could not, nor can they now be kept in safe and secure custody within the same gaol, as they ought and were wont to be, and still ought to be, to the great hindrance and obstruction of justice, to the great damage of his majesty's liege subjects, and against the peace, &c. And the jurors, &c. do further present, that G. W. late of, &c. for and during all the time aforesaid, was and still is owner and occupier of the said tenement, and that the said G. W. as owner and occupier of the said tenement, and all others the owners and occupiers thereof for the time being, from (k) This precedent is from 4 Wentw. 363. where see Mr. Bower's opinion. The indictment does not seem to be framed according to that opinion, as it does not state that the defendant ratione tenure was bound to repair, which seems necessary. See 1 M. and S. 435. 6 East. 315. ante 571*, 2*. (1) It should seem by analogy to the decision on indictment for not repairing highways, ante 570*, 576*, that it is not necessary to aver that the gaol was immemorially a gaol. time whereof, &c. until the time of such nuisance, have repaired and amended, and have been used and accustomed to repair and amend, and the said G. W. still of right ought to repair and amend, the said goal so being ruinous, in decay, and out of repair as aforesaid, when, and as often as occasion hath required, or shall or may be, or require, and that the said G. W. has not yet done * the same, &c. [Second count as occupier only, Third count bai- [*669] liff and keeper of the gaol of the liberty of the hundred of M. in the said county of C.] That within the liberties of the said city of G. there now is, Against the mayor and from time whereof, &c. there hath been a certain common and burgaol of our said lord the king, for the purpose of keeping in safe gesses for not repair. custody, offenders and prisoners within the same, situate and being ing the partly on and over a certain gateway, called the N. gate, and gaol of the city of partly in, and parcel of a certain erection or building contiguous Gloucester. (m) to and adjoining upon the said gateway there, and that on, &c. and continually from thence until the day of the taking of this inquisition, the said gaol hath been and still is greatly ruinous, in decay, and out of repair, for want of needful and necessary repairing and amending the same, so that offenders and prisoners during such time could not, nor can they now be kept and secured in safe and secure custody within the same gaol, as they ought and were wont to be, and still ought to be, to the great hindrance and obstruction of justice, to the great damage of his majesty's liege subjects, and against the peace, &c. and that the mayor and burgesses of the said city and county of the same city, from time immemorial, as owners of the said gaol ought and have been accustomed by right and ancient usage to repair and amend, and still of right ought to repair and amend the said gaol, when and as often as occasion should or shall require, and that the said mayor and burgesses have not yet done the same. (m) This precedent is from Cro. C. C. 8th ed. 318. Cro. C. A. 398. Quere, if the indictment ought not to state obligation to repair, ratio- On 6 Geo. INDICTMENTS, &c. FOR ILLEGAL COMPANIES. That A. B. late of, &c. [a number of other defendants] conI. c. 18. s. triving and intending to prejudice and aggrieve divers subjects 16. for rai to set on number for purpose of sing sub- of the king in their trade and commerce, under false pretences scriptions for the public good, after the 24th of June, 1720, to wit, on, &c.. foot a com- at, &c. did, according to their own device and scheme, make pany of a subscriptions towards raising a great sum of money for establishgreat ing and setting on foot a certain new and unlawful undertaking, of persons tending to the common grievance, prejudice, and inconvenience of great numbers of the king's subjects in their trade and comselling bread. (n) merce, that is to say, did make subscriptions towards raising a sum not exceeding 20,000l. to be divided into more than 20,000 parts or shares, for the purpose of buying corn, grinding the same, making bread, and dealing in or distributing of flour and bread, and for other purposes unknown; which undertaking was a public undertaking, and did then and there, and still doth relate to affairs, in which the trade, commerce, and welfare of great numbers of the king's subjects were and are concerned, to wit, at, &c. to the common nuisance of all the king's subjects, against the form of the statute, &c. and against the peace, &c. And the jurors, &c. do further present, that the said defendants, on, &c, at, &c. aforesaid, subscribed towards collecting and raising by subscription a great sum of money not exceeding 20,000l. to be divided into not more than 20,000 shares Another count. (n) See forms, 14 East, 406. 15 East, 511. This indictment was founded on the circumstance of a number of persons agreeing to raise 20,000l. by subscriptions of 1. a share, for the purpose of buying and and grinding corn, making into bread, and distributing it among the partners. No person could hold more than twenty shares except they came to him by act of law, marriage, &c. nor could any shares be assigned except the assignee would enter into a covenant, to conform to all the original regulations of the members. The jury found a special ver dict, that the company, though prejudicial to the trade of particular individuals, was beneficial to the community at large. And, on this, the court held that no judgment could be pronounced against the defendant, as the statute constituting some public companies not sanctioned by act of parliament, public nuisances, did not intend absolutely to make them so: but to leave their injurious tendency to the decision of a jury. But in cases of improper combination this form would nearly suffice. for the purpose of assisting and favouring a certain other new and unlawful undertaking, tending to the common grievance, &c. [as before] and did then and there pay upon such subscription, certain small sums, amounting in the whole to a large sum, to wit, 30%. which said last undertaking was a public undertaking, &c, [as before.] And the jurors, &c. do further present, That Another the said defendants, on, &c. aforesaid, at, &c. aforesaid, presu- count. med to act as if they were a corporate body, and pretended to raise a transferable and assignable stock, without any legal authority, and without any charter from the crown for so doing, that is to say, as a corporate body, for the purpose of buying corn, grinding the same, making bread, and dealing in and distributing of flour and bread, and for other purposes unknown; and having a number of shares not exceeding 20,000 transferable and assignable by and from the holders of such shares, to any other person or persons, at the pleasure of the holders thereof: to the common nuisance of all the king's subjects, &c. against the form of the statute, &c. and against the *peace, &c. And [*671] the jurors, &c. do further present, That the said defendants, Another without any legal authority, and without any charter from the crown for so doing, pretended to raise a transferable stock to a large amount, to wit, not exceeding 20,000l. to be divided into not more than 20,000 shares, which shares were to be and are transferable and assignable from the holders thereof, to any other person or persons at the pleasure of such holders; to the common nuisance, &c. and against the statute, &c. That the defen- Another dants, contriving, and intending as aforesaid, did, according to count. their own device and scheme, further countenance and proceed in a certain other new and unlawful undertaking, tending to the common greivance, prejudice, and inconvenience of great numbers of the king's subjects in their trade and commerce; that is to say, an undertaking for the purpose of buying corn, &c. [as before,] which last was a public undertaking and did then and there and still doth relate to affairs in which the trade, commerce, and welfare of great numbers of the king's subjects, were and are concerned, to wit, at, &c. aforesaid, to the common nuisance, &c. against the form of the statute, &c. and against the peace, &c. count. |