Writ of restitution from

the felon, to

under St. 21.

H. VIII. c. 11. (g)

parties applying, that the clerk of the assizes should support his certificates by affidavits, but which he as the estreating officer, and being then in court, refused to do. Whereupon the lord chief baron Eyre observed, that the certificate of the clerk of the assizes was matter of record to which the court must give credit, and that if the parties complaining denied the truth of it, they must seek their remedy in another way. Thus the matter dropped, and nothing more was done, there being no pretence for the application.

William the third, &c. to E. F. greeting. Whereas at the the justices delivery of our gaol of Newgate held for the county of of gaol de Middlesex, at justice hall in the Old Bailey, in the suburbs livery, after of the city of London, on Wednesday, to wit, the 9th day conviction of of December, in the eighth year of our reign, before G.H. restore the knight, mayor of the city of London, J. K. knight, chief jusprosecutor tice of our bench, and others his companions, our justices his goods, assigned to deliver our gaol of Newgate from the prisoners in the same being, at the recent prosecution of A. B. one C. D. late of the parish of Enfield, in the county of Middlesex, labourer, stands convicted, for that he on the 28th day of August, in the eighth year of our reign, at the parish aforesaid, in the county aforesaid, three red pyed heifers, each of the value of 31. 5s. and one other black heifer of the value of 31. 5s. of the goods and chattels of one A. B. then and there found, being then and there feloniously stole, took, and drove away against the peace of our crown and dignity, as by the record thereof more fully is manifest and appears; and whereas on the information of the said A. B. [* 492] we are now informed that the several* heifers, goods, and chattels aforesaid have come to your hands, and are now in your custody, we therefore being willing that what is just and reasonable should be done to the said A. B. do command you and firmly enjoin you, that without delay you restore and deliver to the said A. B. the heifers, goods, and chattels aforesaid, or such of them as have come to or now are in your hands, according to the form of the statute in this case made and provided, or that you yourself be before our justices assigned to deliver our gaol of Newgate from the prisoners in the same being, at the next delivery of our gaol aforesaid, to be held for the county of Middlesex, at justice hall, on Wednesday aforesaid, to wit, &c. to shew wherefore you have been unwilling or unable to do it, and further to do what our court shall further consider in that behalf, and have there then this writ. Witness the said E. C. knight, mayor of the city of London aforesaid, at justice hall aforesaid, 9th day of December in the eighth year of our reign. Harcourt.

(g) See Trem. P. C. 316. It writ, ante 1 vol. 820. is not the practise to issue such a

tificate to

&c. apprehend

conviction

These are to certify, that at the session of gaol delivery of Tyburn tic. Newgate, holden for the county of Middlesex at justice hall kt, or a cer. in the Old Bailey, in the suburbs of the city of London, on discharge a Wednesday the day of this instant before us person from whose hands are hereunto set, and others his majesty's jus- Parish offi tices assigned to deliver the said gaol of the prisoners therein ce, & for being, A. B. was convicted and attainted of felony and bur- ing and proglary in breaking and entering the dwelling-house of C. D. sccuting a in the night time of the sixteenth day of, June last, in the party unto parish of St. Martin in the fields, in the county of Middle- for burglary sex, with intent to steal the goods, chattels, and monies of the at the Old said C. D. in the said dwelling house. And it is hereby Bailey. (h) further certified, that the said C. D. was the person who did apprehend and take him the said A. B. and did prosecute him so apprehended and taken until the said A. B. was convicted of the said felony and burglary. And pursuant to an act of parliament made in the tenth and eleventh years of the reign of his late majesty king William the third, intituled "An act for the better apprehending, prosecuting, and punishing of felons that commit burglary, house-breaking, or robbery in shops, warehouses, coach-houses, or stables, or that steal horses," we the said justices do hereby further certify, that by virtue thereof, and of the said act of parliament, he the said C. D. for the apprehension and conviction afore said, shall, and may be, and he is hereby declared to be [* 493] discharged of and from all and all manner of parish and ward offices within the parish of St. Martin in the fields aforesaid.

Dated this- day of

in the

year

of the

reign of our sovereign lord George the third, &c. and in
the year of our Lord 1782.

Know all men by these presents, That I, the within named Assignment C. D. of the parish of St. Martin in the fields, in the county of such certi of Middlesex, glover, in pursuance of the power given me dorsement. ficate by in. by the act of parliament within mentioned, and in considera-() tion of the sum of fifteen pounds of lawful money of Great Britain to me in hand paid by E. F. of the same parish and county, linen-draper, the receipt whereof I do hereby acknowledge, have bargained, sold, assigned, and transferred, and by these presents do bargain, sell, assign, and transfer unto the said E. F. as well the certificate within written, as all the right, interest, and demand of me the said C. D. thereto, and all exemptions, privileges, benefit, and advantage that may be had and made thereof by virtue of the said act of parliament as fully as I myself might or could have had if these presents had not been made. And I the said

(h) See form, Cro. C. C. 8th vol. 815.

Ed. 94. 3 Smith, 182, Ante 1 (i) Cro. C. C. 8th Ed. 95.
Crim. Law.

VOL. IV.

3 N

Order of ses.

a clerk of the

C. D. by these presents do hereby covenant to and with the
said E. F. that I have not assigned the said certificate other
than by these presents, nor have made use thereof myself,
nor have done, nor shall hereafter do, any act whereby the
said E. F. shall or may be deprived of the benefit or advan-
tage which he is entitled to thereby, and by virtue of the
said act of parliament. In witness whereof I have hereunto
set my hand and seal this
day of
in the
-year of the reign of our sovereign lord George the
third, king of Great Britain, &c. and in the year of our Lord,

1782.

day of

Whereas, by a complaint and charge in writing at this sions for the sessions, held the said day of, preferred and discharge of exhibited to this court against R. B. of Appleby, in the county peace for ex-of W. gentleman, clerk of the peace for the said county, who tortion. (k) the last past, and during the whole last general quarter sessions of the peace held for this county, did claim and exercise the said office of clerk of the peace for this county, the said R. B. was charged with divers misdemeanours by him committed in the execution of the said office of clerk of the peace for this county, viz. that he the said R. B. the said last did, under co[* 494] lour of his said office, extorsively exact* and receive from one prisoner. and compel him to pay to the said R. B. the sum of eight shillings and sixpence, for a subpœna to summon four witnesses to give evidence for him at the general quarter sessions of the peace to be holden on, &c. in and for the said county, which subpoena contained but twelve lines, and for which no other or greater sum than shillings was

day of

due to the said R. B. and that the said R. B. also did, at the
said general quarter sessions held for this county, under co-
lour of his said office, extorsively exact and receive from one
T. S. of Woodside, a poor labourer, and force him to pay to
him the said R. B. the sum of nine shillings more than his
just fees, for, &c. and also that the said R. B. had commit-
ted divers other exactions and extortions, particularly men-
tioned in the said charge in writing; and now at this general
quarter sessions held by adjournment on the said
of
, upon due examination in open court of the said
matters, alledged against the said R. B. who by order of this
court hath been duly summoned to answer the same, and did
attend in person, and had particular notice of each charge
against him, and made defence by his counsel thereunto;
and upon full proof of the premises made in open court, it
doth appear to this court that the said R. B. hath misde-
meaned himself in his said office of clerk of the peace of this

(k) This is the corrected form, 2 Stark. 590. See the

day

original order Ld. Raym. 1268.

county, and in execution thereof, by exacting and extorting, by colour of his said office, from the said prisoner -. on the said - day of last past, the sum of six shillings for the said subpoena to summon the said four witnesses, which is three shillings and sixpence more than the accustomed fee of right due for the same, and by exacting and extorting, by colour of his said office, at the last general quarter sessions, from the said T. S. nine shillings more than his just fees; and thereupon this court doth openly in court discharge and remove the said R. B. from the office of clerk of the peace of this county of W. and he is thereby by this court discharged from the same accordingly.

CHAPTER* XXII.

[* 495]

PROCEEDINGS BY INFORMATION IN KING'S BENCH.

In the king's bench.

T. S. of, &c. esq. lieutenant colonel of the East Mendip Affidavit to volunteer infantry, J. A. C. of the parish of, &c. clerk, and tion for an inground moS. B. of, &c. in the said county of Somerset, esq. severally formation make oath and say, and first deponent, T. S. saith that against attor R. B. D. of Chew Magna, in the county of Somerset, attor-bel, denying ney at law, did on or about the twenty-eighth day of Febru- the facts conary last, cause to be inserted in the public newspaper called tained there. the Bath Chronicle, a certain scandalous and defamatory libel relating to this deponent, and dated at Chew Magna,

(a) Ante 1 vol. 856, 7, 8.

[* 496]

the twenty-second of February last, and purporting to be
addressed to the public, and to be subscribed by the said
R. B. D. and a copy of which said libel is hereunto annexed,
and stands at the bottom of the third column of the second
page of the newspaper hereunto also annexed. And this
deponent, T. S. further saith, that he admits it to be true
that he did employ the said S. B. as his mason, as in the
said libel is stated, but that he never* refused to
pay him,
the said S. B. the amount of his bill as therein mentioned, as
the said S. B. never delivered a bill of such amount to depo-
nent, neither had he, the said S. B. finished the whole of the
work contracted for at the time the deponent sent the said
R. B. D. the letter of the twenty-eighth day of June, 1804,
mentioned in said libel, saith, that he resides about five miles
from the place of residence of the said R. B. D. that he had
no interview, communication, or correspondence with the said
R. B. D. until nearly eight months after deponent sent to
the said R. B. D. the said letter of the 28th June, 1804,
mentioned in the said libel, nor did he at any time between
that time the interview hereinafter mentioned, give the said
R. B. D. any provocation whatsoever, nevertheless the said
R. B. D. upon the said interview with deponent, in the said
libel mentioned, which was upwards of seven months after
deponent had sent the said letter to the said R. B. D. as
aforesaid, most grossly abused and insulted this deponent,
and not only made use of the said language in the latter part
of the said libel mentioned, but of more gross, insulting, and
ungentlemanly language to this deponent, which induced de-
ponent, upon the advice of his brother officers in the said
regiment, and also of J. H. S. esq. major of the south Devon
regiment of militia, (who is a friend of deponent) not to fight
the said R. B. D. saith that the Rev. Mr. C. mentioned and
alluded to in the said libel by the description of the Rev.
Mr. C. never did deliver to him any such message as in the
said libel is untruly stated, nor did the said Rev. Mr. C. or
any other person on the behalf of the said R. B. D. deliver
to or for deponent any insulting message from the said
R. B. D. and deponent hath been informed, and verily be-
lieves, that the said R. B. D. never did send the said mes-
sage to this deponent by the said Rev. Mr. C. nor did the
said Rev. Mr. C. ever inform the said R. B. D. to the effect
in the said libel mentioned, saith that he never did desire
the said capt. B. in the said libel mentioned, to call upon the
said R. B. D. and to say as in the said libel is untruly stated,
and deponent hath been informed by the said capt. B. and
verily believes that he, the said capt. B. never stated to the
said R. B. D. that he the said capt. B. was desired by depo-
nent to communicate the message to the said R. B. D. in the
said libel mentioned. And this deponent, J. A. for himself
saith, that he never was desired by the said R. B. D. to de-