the county aforesaid, by virtue of the precept aforesaid, afterwards, and before the return thereof, to wit, on, &c. at, &c. did make a certain warrant of him the said sheriff, under his seal, directed to J. D., P. C. and R. R. his bai liffs of the hundred of Ossulston, in the county aforesaid, by which he commanded them, and every of them, jointly and severally, that they should take, or one of them should take, the said H. O. in the precept above named, to answer to the said B. H. of the plea of trespass aforesaid, and that the said J. D. in the warrant aforesaid named, afterwards, and before the return of the precept aforesaid, to wit, on, &c. by virtue of the precept and warrant aforesaid, at the parish of F. within the hundred aforesaid, in the county aforesaid, did take and arrest the said H. O. in the precept aforesaid above mentioned, according to the command of the precept and warrant aforesaid; upon which the said H. O. late of the said parish of Fulham, in the county aforesaid, yeoman, J. F. late of the same, yeoman, and M. W. late of the same, spinster, afterwards to wit, on, &c. with force and arms, at, &c. in and upon the said J. D. then being one of the bailiffs of the said sheriff of the county aforesaid of the hundred of Ossulston aforesaid, and in the due execution of the precept and warrant aforesaid, and in the peace of God and our said lord the king then and there also being, did make an assault, and him the said J. D. then and there did beat, wound, and ill-treat; and that the said J. F. and M. W. him the said H. O. out of the custody, and against the will, of the said J. D. then and there unlaw fully did rescue and put at large to go whithersoever he would; and that the said H. O. himself out of the custody, and against the will, of the said J. D. then and there unlawfully did rescue and escape at large whithersoever he would, to the great hindrance and obstruction of justice, in contempt of our said lord the king and his laws, to the great damage of the said J. D. and against the peace, &c. (Add a count for a common assault.)

226. Indictment for rescuing goods distrained for rent.

That on, &c. one M. P. of the parish of S. in the county of M. in due form of law did take and distrain (set out the property and its value) of the goods and chattels of

one A. H. widow, then being in a certain lodging room in the dwelling house of the said M. P. situate in the parish and county aforesaid, which same distress was taken by him the said M. P. for the sum of three pounds and ten shillings, then due for rent, for one whole year, in arrear from the said A. H. to him the said M. P. for the lodging aforesaid; and that the said M. P. the said goods. and chattels then and there had and detained in his custody, for the cause aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that A. B. late of, &c. afterwards, to wit, on, &c. with force and arms, at, &c. in the county aforesaid, the said goods and chattels, so as aforesaid by the said M. P. taken and distrained, and in the custody of him the said M. P. then being, from and out of the custody, and against the will of him the said M. P. then and there unlawfully and with force and violence did rescue, take, and carry away, (the said sum of three pounds and ten shillings, for the said rent in arrear, as aforesaid due, or any part thereof, not being then paid,) and other wrongs to the said M. P. then and there did, to the great damage of the said M. P. and against the peace, &c.

227. Indictment against a felon, for being at large before the expiration of his term of transportation (g).

That at the general session of the delivery of the gaol of our lord the king of Newgate, holden for the county

or

(g) By stat. 6 G. 2. c. 15. s. 1. "if any felon, or other offender, already ordered, hereafter to be ordered, for transportation, or who hath already, or hereafter shall agree, to transport him or herself, on certain conditions, to any of his majesty's colonies and plantations in America, either for life or any number of years, shall be afterwards at large within any part of the kingdom of Great Britain, without some lawful cause, before the expiration of the term for which he, she, or they were so or

.

dered to be transported, or had so agreed to transport him or herself; all and every such per son or persons, being thereof lawfully convicted, shall suffer death, as in cases of felony, without benefit of clergy.

Sec. 2. enacts, that offenders shall be tried as mentioned in stat. 6 Geo. 1. c. 23. which, by sec. 7. directs, that they may be tried either before justices of assize, oyer and terminer, or gaol-delivery for the county, city, or liberty, where he, she, or they shall be apprehended and taken, or be

of Middlesex, at Justice-hall, in the Old Bailey, in the suburbs of the city of London, on, &c. before, &c. and others their fellows, justices of our said lord the king,

* The act directs, that this shall❝briefly, and in a few words, contain the effect and tenor," &c. which shews that it is not necessary to set out the whole record of conviction in an indictment.

† By the same statute, such persons found at large, &c. shall suffer death; and those apprehending, &c. shall have a like reward as before mentioned. See Madan's case, Leach, 293.

assigned to deliver the gaol of our said lord the king of Newgate of the prisoners therein being, E. L. late of, &c.

* Manslaughter excepted.

according to due course of law was tried, for that he, (set out the indictment,) and thereupon, by a certain jury of the country, between our said lord the king and the said E. L. in that behalf then and there, to wit, on the day of in the year aforesaid, at and in the court of the said session, so holden as aforesaid, duly taken, he the said E. L. was duly convicted of the said felony upon the indictment aforesaid; and thereupon the aforesaid E. L. by the above-named justices of our said lord the king, assigned to deliver his gaol of Newgate aforesaid of the prisoners therein being, was ordered to be " transported beyond the seas for and during the term of seven years, as by the record thereof more fully appears; and that he the said E. L. afterwards, to wit, on the day of in the said year of the reign of our said lord the king, with force and arms, feloniously, and without any lawful cause whatsoever was at large within this kingdom of Great Britain (h), to wit, at, &c. in the county aforesaid, before the expiration of the term of seven years, for which he the said E. L. was so ordered to be transported as aforesaid, against the form of the statute, &c. and against the peace, &c. (i).

228. Indictment against a felon under sentence of transportation, for being at large before the expiration of the term, after a conviction at the quarter sessions.

That at the general quarter session of the peace of our lord the king, holden at Lancaster, in and for the county palatine of Lancaster, on Tuesday, to wit, the

day

of in the 51st year of the reign of our sovereign lord George the third, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of

(h) See note (k), p. 650.

(i) One Benjamin Fisher was tried on an indictment formed in this manner at Worcester summer assizes, 1790, convicted, and condemned to die.

See an indictment for being at large in Great Britain after sentence of death, respite, and order of transportation, which was made at the assizes next after the trial. Cro. Cir. Ass. 411.