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(900) Against a justice of the peace, for issuing a warrant without oath, using falsely the name of a third party as prosecutor.(e) That A. B., justice, etc. (stating office), on, etc., at, etc., out of malice, etc., towards a certain J. H., a surveyor of the highway, and with a wicked and malicious intent to disquiet, defraud, and oppress the said J. H., and falsely, wickedly, and maliciously to cause the said J. H. to be put to costs and expenses, unjustly, wickedly, maliciously, and unlawfully wrote, signed, and issued under his own hand, as such justice of the peace, a certain warrant or summons, to a constable directed, commanding him to summon the said J. H. to appear before him, the said A. B., to answer to a certain complaint and information of a certain J. W., made against him the said J. H., for not keeping a road (describing it) in repair, and upon that warrant or summons caused the said J. H. to appear before him the said A. B., as such justice of the peace, to answer the complaint aforesaid, and upon a hearing therein did not acquit the said J. H. of the complaint aforesaid, but uulawfully, corruptly, and wickedly adjudged the said J. H. to pay the costs of the same; whereas, in truth and in fact, the said J. W. never did make to the said A. B., nor to any other justice of the peace, the complaint or information aforesaid against the said J. H., nor did the said J. W., nor any other person, direct the said prosecution, but the said A. B. falsely and wickedly used the name of the said J. W., without his knowledge and against his directions, in contempt of his the said A. B.'s oath and duty, as a justice of the peace, to the evil example, etc. (Conclude as in book 1, chapter 3.)

(901) Against a justice of the peace in Pennsylvania, for refusal to deliver transcript to party demanding it.(ƒ)

That W. B., etc., being a justice of the peace in and for the

(e) Wallace v. Com., 2 Va. Cases, 130.

To this indictment the defendant pleaded not guilty, and the jury convicted him and assessed his fine at one hundred dollars. The superior court thereupon entered a judgment against him, that he be removed from his office of justice of the peace, and that he be incapable of exercising the duties of the same, and also a judgment for the fine. An application for a writ of error was afterwards refused by the general court.

() Bailey v. Com., 5 Rawie, 59. This indictment is under the Pennsylvania act of 20th March, 1810, § 23, and was sustained by the supreme.court as sufficiently descriptive of the offence created by that section.

district numbered six, composed of the townships of B. and S., in the said county of B., duly commissioned and sworn to do the duties of the said office with fidelity and according to law, a certain suit was commenced and instituted before him as such, of which suit and of the cause of action thereof he lawfully had jurisdiction and cognizance, wherein a certain J. B. was plaintiff, and a certain F. C. was defendant, and in which suit the said W. B., as a justice of the peace, entered judgment, and that on, etc., at, etc., and within the jurisdiction of this court, with force and arms, etc., he the said W. B., as a justice of the peace, did unlawfully refuse to make out a copy of his proceedings at large in the said suit, and deliver the said copy, duly certified by him, to the said F. C., the defendant in the suit; he the said F. C. having then and there required and demanded the same of the said W. B. as a justice; and he the said F. C. then and there did tender unto him the said W. B. as a justice of the peace, eighteen and three-quarter cents, the just and legal fee of him the said W. B. for his services in that behalf aforesaid; to the great hinderance and obstruction of public justice, against, etc. (Conclude as in book 1, chapter 3.)

(902) Against a justice of the peace in Massachusetts for extortion generally.(g)

That A. B., on, etc., then being one of the justices of the peace in and for the county of duly and legally appointed and qualified to perform the duties of that office, not regarding the duties of said office, but contriving and intending one C. D. to injure and oppress, on the said day of in the year aforesaid, at in the county aforesaid, by color of his said office, did wilfully, corruptly, and extorsively demand, take, and receive of him the said C. D.(h) a greater fee than is allowed and provided by law for the trial of a certain issue then and there in due form of law joined and pending before him the said

(g) Davis's Prec. 119. This indictment is founded on Massachusetts statute 1795, ch. 41, § 6, and may, says Mr. Davis, be adopted mutatis mutandis, for extortions by all other officers and persons mentioned in the statute.

(h) It would be better to aver the sum taken, and how much is illegal. Wh. Cr. L. 8th ed. §§ 1572, 1574 et seq. When the act is averred to be negligent, intent is not to be alleged. State v. Small, 1 Fairfield, 109; People v. Coon, 15 Wend. 277; Jacobs v. Com., 2 Leight, 709; State v. Gardner, 2 Mo. 22.

A. B., as a justice of the peace for the said county of between the aforesaid C. D. and one E. F., in a certain civil action commenced and entered by the said C. D. against the said E. F., before him the said A. B., justice of the peace as aforesaid, at a justice's court duly appointed, and then and there held by him, the said A. B., to wit, the sum of for the trial of the said

issue, which sum is more than the fee allowed and provided by law for the service aforesaid; contrary to the duty of him the said A. B. in his office aforesaid, against, etc. (Conclude as in book 1, chapter 3.)

(903) Against a justice of the peace, for extorting fees for discharging a recognizance, and for not returning the same to the court for which it was taken.(i)

That N. J., of, etc., on, etc., and continually afterwards, until the day of the taking of this inquisition, was, and yet is, one of the justices of the peace within and for the said county of, etc., duly and legally appointed and authorized to discharge the duties of that office. Nevertheless the said N. J., not regarding the duties of his said office, but perverting the trust reposed in him, and contriving and intending the citizens of this commonwealth, for the private gain of him, the said N. J., to oppress and impoverish, and the due execution of justice, as much as in him lay, to hinder, obstruct, and destroy, on the day of and between that day and the day of the finding of this bill, at aforesaid, in the county aforesaid, under color of his said office of justice of the peace for the said county of a certain sum of money, to wit, the sum of for not returning a certain recognizance before him, within the time aforesaid, taken for the appearance of one G. J. at a certain term of the (here describe the court to which the recognizance was made returnable), to be holden next after the taking of the recognizance aforesaid from the said G. J., unlawfully, unjustly, and extorsively did exact, receive, and have; and although the said next court of (here describe the court), for the county aforesaid, after the taking of the recognizance aforesaid, and to which the said re

(i) Davis's Prec. 122; 1 Trem. P. C. 119. This indictment would be more correct if it contained an allegation of the particular nature and condition of the recognizance, and also that the magistrate was authorized to take it.

Tuesday of

in

in the year

cognizance ought to have been returned, was held at the county aforesaid, on the aforesaid, in the due course of law, the said N. J. the said recogzance, to the court aforesaid, as of right, and according to his duty and the laws of said commonwealth he ought to have done, did not return, but suppressed the same, against the duties of his said office, to the great hinderance of justice, against, etc. (Conclude as in book 1, chapter 3.)

(904) Against a constable for extorting money of a person apprehended by him upon a warrant, to let him go at large.(j)

at

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That A. B., of, etc., on in the county aforesaid, then and there being one of the constables of the town of in the county aforesaid, did take and arrest one C. D., by virtue of a warrant duly made and issued, which he the said A. B. then and there had, directed, etc. (here insert the warrant); and that the said A. B., him the said C. D. then and there had in his custody, by virtue of the said warrant, and that the said A. B. afterwards, to wit, on in the county aforesaid, unlawfully, corruptly, and extorsively, for the sake of gain and contrary to the duty of his said office, did extort, receive, and take of and from the said C.D. the sum of for discharging the said C. D. out of the custody of him the said A. B., constable as aforesaid, without conveying the said C. D. before any justice of the peace in and for said county, or before any other lawful authority, to answer to the charges, matters, and things whereof he stood accused and charged as aforesaid; against, etc. (Conclude as in book 1, chapter 3.)

(905) Against a constable, for neglecting to execute a warrant in a civil case.

That whereas A. K. and D. F., Esqrs., two of the justices of the peace of the said county of P., duly elected and commissioned, did, on, etc., at, etc., and within the jurisdiction of this court, issue their warrant, under their hands and seals, to any

(j) Davis's Prec. 121; see 2 Chit. 295, 296; Cro. C. C. 327, 6th ed.; 2 Stark. 585 and for other precedents for extortion in 2 Chit. 296, 297; Cro. C. C. 327; 1 Trem. P. C. 111, 115; 2 Chit. 300, against a collector, for extorting money by color of his office. Wh. Cr. L. 8th ed. § 1574.

constable of the said county directed, setting forth that A. T., Esq., one of the sub-lieutenants of the said county, having before them the said justices obtained judgment, in due and regular form of law, against T. F., for the sum of twenty-five pounds ten shillings, lawful money of by him the said A. T. expended in procuring a substitute to serve in the militia, in the first class of the fifth battalion of the county aforesaid, in the place of him the said T. F., with costs; that the said constable was thereby required and enjoined to levy the said sum of twenty-five pounds ten shillings and costs, with the costs thereby accruing, by distress and sale of the goods and chattels, lands and tenements of the said T. F., as the law directed, returning the overplus, if any, to the owner. And the inquest aforesaid do say, that the said warrant was, on, etc., delivered and offered and tendered to be delivered to J. Z., then and there being constable of the township of W., one of the townships of the said county of P., to be by him executed. And the inquest aforesaid do further say, that the said J. Z., then and there being constable of the said township of W., on, etc., and ever since, until, etc., at, etc., and within the jurisdiction of this court, did neglect to execute the said warrant, against, etc., and against, etc. (Conclude as in book 1, chapter 3.)

(906) Against a constable, for neglecting to execute a justice's warrant for the apprehension of a person.(k)

That heretofore, to wit, on, etc., at, etc., W. N., Esq., then and still being one of the justices assigned, etc., did make a certain warrant in writing, under his hand and seal, bearing date on, etc., directed to the constable of the parish of G., in the county of D., thereby in her majesty's name charging and commanding the said constable that, etc. (here set forth the warrant); which said warrant, afterwards, to wit, on, etc., at, etc., aforesaid, was duly indorsed for execution by and in the name of X. Y., Esq., then being mayor and one of her majesty's justices of the peace in and for the borough of D., in the said county of D., and which said warrant so indorsed, afterwards, to wit, on, etc., at, etc., was delivered to T. O., late of, etc., then and still being

(k) Dickinson's Q. S. 6th ed. 435. Wh. Cr. L. 8th ed. § 1580.

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