1847. NORFOLK SPRING CIRCUIT. 1847. CAMBRIDGE ASSIZES. for disobedience REGINA v. WILLIAM BIDwell. An indictment INDICTMENT against the defendant for disobeying an order of the justices for the payment of a church-rate. The justices for pay- first count of the indictment (a) stated, that, after the pass of an order of ment of a church-rate, al leged, in prefa tory allegations, that the rate was " duly made," "duly allowed," and that the defendant was "duly rated:"-Held, sufficient, without stating the facts which constituted the due making, &c., because this was matter of inducement only :-Held also, that as, on a sufficient complaint on oath by the churchwardens, the justices would have had jurisdiction to make the order, these allegations were unnecessary. In such an indictment, it is not necessary to aver that the churchwardens were authorised to collect and receive the rate when they demanded it, if it be averred that they were so at the time when the defendant refused and neglected to pay it, which is the offence; nor is it any valid objection to such an indictment, that, in stating the warrant to appear, it is alleged, that, in the warrant, "it is recited as is therein recited," as enough of the warrant would be stated without mentioning the recital. In such an indictment, an allegation that the justice made his warrant, whereby he did summon, convene, and require the defendant to appear, &c., sufficiently shews that the warrant was addressed to the defendant, and it is not necessary to aver in the indictment that the warrant was served a reasonable time before the day of appearance. It is also no objection that the order is not averred to have any date; neither is it that there is no averment that the rate was in force when the order was made, if it be averred that it continued in force at the time of the indictment. In such an indictment it is not necessary to set out the order verbatim. (a) The first count of the indictment was in the following form: -- Cambridgeshire, The jurors for covery of Church-rates," long before and at the time of the making and allowance of the church-rate hereinafter next mentioned, one William Bidwell, of the parish of St. Botolph, in the town of Cambridge, in the county of Cambridge, shoemaker, was and yet is a parishioner and inhabitant of the said parish of St. Botolph, in the said town and county, and the occupier of a certain dwelling-house in the said parish, in the said town ing of the stat. 53 Geo. 3, c. 127, the defendant was and yet is a parishioner and inhabitant of the parish of St. and county, and liable to be rated in and to the said churchrate; and that whilst he the said W. Bidwell continued and was such parishioner, inhabitant, and occupier, and so liable as aforesaid, to wit, on the 4th day of August, in the year of our Lord 1842, at the parish aforesaid, in the town and county aforesaid, a certain church-rate, intituled "A rate or assessment of 2s. in the pound, made this 4th day of August, in the year of our Lord 1842, by the churchwardens, overseers, and inhabitants of the parish of St. Botolph, in vestry assembled, for defraying the necessary expenses and disbursements in and about the parish church, for the use of Mr. John Cole and Mr. William Alliston, churchwardens," was duly made as by law in that behalf required, and that the same was afterwards, to wit, on the 6th day of August, in the year last aforesaid, to wit, at the parish aforesaid, in the town and county aforesaid, duly allowed as by law in that behalf required, and that the validity of the said church-rate hath not been questioned in any ecclesiastical court, and that the said W. Bidwell was and is in and by the said church-rate duly rated in and to the said church-rate, at and in the sum of 16s. ; and that the said church-rate continues, and now is, in full force, validity, and effect. And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards and whilst the said sum of 16s. remained due from and unpaid by the said W. Bidwell, to wit, on the thirtieth day of May in the year of our Lord 1844, W. Alliston and J. Hall, then and continually thence hitherto being the churchwardens of the parish aforesaid, in the town and county aforesaid, personally went before John Eaden, Esq., one of her Majesty's justices of the peace in and for the borough and town corporate of Cambridge, in the said county (being the borough and town corporate where the church of the said parish of St. Botolph, in the said town and county, is situated, in respect whereof the said church-rate was made as aforesaid), and on their oaths informed the said justice, and then and there on their oaths complained and said before the said justice, that on the said 4th day of August, in the year of our Lord 1842, the said church-rate was duly made as by law in that behalf required, and that the same was on the said 6th day of August, in the year of our Lord 1842, duly allowed as by law in that behalf required, and that the validity of the said church-rate had not been questioned in any ecclesiastical court, and that the said W. Bidwell, who, before and at the time of the making and allowance of the said church-rate, had been and then was a parishioner and inhabitant of, and the occupier of a certain dwelling-house in the said parish of St. Botolph, in the said borough and town corporate 1847. REGINA ข. BIDWELL. 1847. REGINA ย. BIDWELL. Botolph, in the town and county of Cambridge, and an occupier of a dwelling-house there, and liable to be rated in the said county, was in and by the said church-rate duly rated in and to the said church-rate, at and in the sum of 16s., and that the said sum of 16s. had been duly demanded as by law in that behalf required of him the said W. Bidwell, and that he had refused and neglected, and then did refuse and neglect to pay the said sum, and every part thereof, to them the said W. Alliston and J. Hall, who then were the churchwardens of the said parish of St. Botolph, in the said borough, town corporate, and county, who by law ought to receive and collect the same, and that the said sum of 16s. and every part thereof then remained and was unpaid, and then was due and payable by and from the said W. Bidwell, for and in respect to and on account of the said church-rate; and the said W. Alliston and J. Hall, as such churchwardens, prayed justice in the premises, and that the said W. Bidwell might be convened before two or more of her Majesty's justices of the peace of the said borough and town corporate, to answer to the said complaint, and that such order might be thereupon afterwards made in the premises as by law in that behalf ought to be made. And the jurors aforesaid, upon their oath aforesaid, do further present, that afterwards, to wit, on the said 30th day of May, in the year of our Lord 1844, at the parish aforesaid, in the said borough, town corporate, and county afore said, the said J. Eaden, then being such justice of the peace as aforesaid, made his certain warrant under his hand and seal, whereby, after recitingas is therein recited, he the said J. Eaden, as and so being such justice of the peace as aforesaid, did require, summon, and convene the said W. Bidwell to appear before two or more of her Majesty's justices of the peace of and for the said borough and town corporate, at the guildhall of and in the said borough, in the town and county aforesaid, on Thursday the 6th day of June then next, at the hour of eleven in the forenoon of the same day, then and there to answer to the said information and complaint of the said W. Alliston and J. Hall, and to be dealt with in the premises according to law in that behalf. And the jurors aforesaid, upon their oath aforesaid, do further present that the said warrant under the hand and seal of the said J. Eaden, so being such justice as aforesaid, was afterwards and before the said 6th day of June, to wit, on the 30th day of May, in the year of our Lord 1844, at the parish aforesaid, in the town and county aforesaid, personally served upon and left with the said W. Bidwell, who then and there had notice thereof, and of the contents thereof. And the jurors aforesaid, upon their oath aforesaid, do further present that the said W. Bidwell so being summoned and convened, and having had such no to the church-rate there; and that while he continued such parishioner, inhabitant, and occupier, and so liable, a church tice as aforesaid, did not appear at the guildhall of and in the said borough, in the town and county aforesaid, or otherwise, or elsewhere, according to the exigency of the said warrant and summons or otherwise, and that thereupon afterwards, to wit, on the said 6th day of June, in the year of our Lord 1844, at the time and place in the said warrant in that behalf mentioned, to wit, at the guildhall of and in the said borough, to wit, in the parish aforesaid, in the town, borough, and county aforesaid, at the hour of eleven in the forenoon of the same day, the said J. Eaden, then being such justice of the peace as aforesaid, and Julian Skrine, Esq., then and there being one other of her Majesty's justices of the peace of and for the borough and town corporate of Cambridge, in the said county, did proceed to examine, and did then and there examine upon oath into the merits of the said complaint, and did then and there after such examination make their certain order in writing in the premises, under their hands and seals; whereby, after reciting the making of the aforesaid information and complaint of the said W. Alliston and J. Hall as aforesaid, and the making of the said warrant and the service thereof upon the said W. Bidwell as aforesaid, and that he had been duly summoned and convened to appear as in that behalf aforesaid, to answer to the said information and complaint, and to be dealt with in the premises according to law in that behalf, and that he did not appear according to the exigency of the said warrant and summons or otherwise, but therein wholly failed and made default, they the said J. Eaden and J. Skrine, then being such justices of the peace as aforesaid, and not being, and neither of them being patrons or patron of the said church, or in any way interested in the premises, or in any of the rights, dues, or other payments of or belonging to the said church, or to the said parish of St. Botolph, did find, declare, and adjudge, that on the said 4th day of August, in the year of our Lord 1842, the said church-rate was duly made as by law in that behalf required, and that the same was duly allowed as by law in that behalf required, on the 6th day of the same month of August; and that the said W. Bidwell, before and at the time of the making and allowance of the said church-rate, was and still was a parishioner and inhabitant of and the occupier of a certain dwelling-house in the said parish of St. Botolph, in the said borough, town corporate, and county, and then and still was duly rated in and to the said church-rate at and in the sum of 168.; and that the validity of the said church-rate had not been questioned in any ecclesiastical court, and that the validity of the said rate had not been and was not disputed, and that the 1847. REGINA v. BIDWELL. 1847. REGINA v. BIDWELL. rate [setting out the title and date of it] "was duly made as by law in that behalf required," and "duly allowed as liability of the said W. Bidwell to pay the same, or the said sum of 168., at which he was so rated as aforesaid, or any part thereof, had not been and was not disputed; and that the said sum of 16s. then was unpaid, and was justly and truly due and payable by and from the said W. Bidwell, for and in respect to and on account of the said rate, and that the payment of the said sum of 16s. had been, and before the making of the said information and complaint was duly demanded of and from him the said W. Bidwell, and that he has refused and neglected, and before the making of the said information and complaint had refused and neglected, and still did refuse and neglect to pay the said sum of 16s. and every part thereof, and that the said sum of 16s. then was due and payable from the said W. Bidwell in respect of the said rate, and that the church of the said parish of St. Botolph, in the said borough, town corporate, and county aforesaid, for which the said churchrate had been and was made as aforesaid, was situate in the said borough and town corporate, and within the jurisdiction of them the said justices as such justices as aforesaid, and in the county aforesaid; and did thereby order and direct the said W. Bidwell to pay the said sum of 16s. (which they did thereby find to be due and payable by the said W. Bidwell in respect of the said rate) unto the said W. Alliston and J. Hall, the churchwardens of the parish aforesaid, in the town and county aforesaid, who ought to receive and collect the same, over and above the sum of 17. 128. 3d., the reasonable costs and charges of the said W. Alliston and J. Hall in the premises, as such churchwardens, which they the said justices did, in and by the said order, ascertain, find, and adjudge to be such reasonable costs and charges. And the jurors aforesaid, upon their oath aforesaid, do further present, that a true copy of the said order was afterwards, to wit, on the 7th day of June, in the year of our Lord 1844, at the parish aforesaid in the town and county aforesaid, personally served upon and left with the said W. Bidwell, and that the said W. Bidwell then and there had notice of the said order and of the contents thereof, and of every part thereof; and that he the said W. Bidwell was afterwards, to wit, on the day and year last aforesaid, at the parish aforesaid, in the town and county aforesaid, requested by the said W. Alliston and J. Hall, who then continued and were the churchwardens of the said parish of St. Botolph, in the said town and county, and who by law then ought to receive and collect the said several sums of 16s. and 17. 12s. 3d., to pay to them the said several sums of 16s. and 17. 12s. 3d., but that he the said W. Bidwell, not regarding the said order or his duty in that be |