there dwelling, inhabiting and residing, to wit, on the said, &c. and on the said other days and times, at, &c. aforesaid, to the great danger. of infecting with the said contagious, infectious, and dangerous sickness and disease, called the small pox, all liege subjects of our said lord the king, who on the said several days and times aforesaid were in and near the aforesaid public street and common highways, dwelling houses, habitations and residences, and who had not had the said disease and sickness, to the great damage and common nuisance of all the liege subjects of our lord the king, to the evil example, &c. and against the peace, &c. [There were four other counts exactly similar, except that each stated one child to have been inoculated and exposed without mention of the others.] Against a contractor for supplying the marines in Chatham barracks with SELLING UNWHOLESOME PROVISIONS. That A. B. late of, &c. on, &c. and for a long space of time, to wit, for the space of six months then last past, at the parish aforesaid, in the county aforesaid, was duly employed and entrusted to make and deliver for the use of the effective non-commissioned officers, drummers, and private soldiers, of and belonging to the marine forces of our said lord the king, then serving on shore in barracks at Chatham aforesaid, certain loaves of bread to be made of good , marketable English or foreign wheat, at and for a certain price or sum of money to be therefore paid to the said A. B. for the same, bread, for providing it of a bad and unwholesome quality. (d) (d) This was the indictment against Baldock, A. D. 1801, obtained from the crown office. See other precedents, 3 M. & S. 11. 4 Campb. 12. 2 East, P. C. 821. Starkie, 657.-Offence. It is a misdemeanour at common law, knowingly to give any person inJurious food to eat, whether the offender be excited by malice or a desire of gain; nor is it necessary that he should be a public contractor, or the injury done to the public service, to render him criminally liable, 2 East. P. C. $22. 4 Bla. Com. 162. 6 East, 133 to 141. If a baker direct his servant to make bread containing a specific quantity of allum, which when mixed with the other ingredients, is innoxious, but in the execution of these orders the agent mixes up the drug in so unskilful a way that the bread becomes unwholesome, the master will be liable to be indicted, 3 M. & S. 10. 4 Campb. 10.-Indictment. It is not necessary to state in the indictment for delivery of unwholesome bread, that the defendant acted under contract or in violation of any duty imposed on him by his peculiar condition, 2 East, P. C. 822. nor is it necessary to set forth what the materials were which rendered the composition noxious, 3 M. & S. 16. It seems also that there is no occasion to state that the defendant intended to injure the health of the parties for whose consumption the pernicious anticles were designed, id. ibid. and that the said A. B. being so employed and entrusted as aforesaid, but being an evil disposed person, on the said, &c. with force and arms, at, &c. aforesaid, did unlawfully, falsely, fraudulently, and deceitfully, and for his own wicked lucre in the course of his said employ, and in breach and violation of his trust and duty in that behalf, deliver unto one C. D., the said C. D. then and there being a serjeant in the said marine forces of our said lord the king divers, to wit, twenty loaves of bread, as and for loaves of bread made wholly of good marketable English or foreign wheat, for the use and supply of himself the said C. D. and divers others of the said marines, whereas in truth and in fact * the said loaves of bread were not made wholly of good marketable English or foreign wheat, but on the contrary thereof contained divers noxious and unwholesome materials, not fit or proper for the food of man; and whereas in truth and in fact, he the said A. B. then and there well knew that the said loaves of bread were not made wholly of good marketable English or foreign wheat, but that the same on the contrary thereof did contain such noxious and unwholesome materials as aforesaid, to the great damage of the said C. D., and the said other marines for whose use and supply the said loaves of bread were so delivered as aforesaid, to the evil example, &c. and against the peace, &c. And the jurors, &c. do further present, that the said A. B. being so employed and entrusted as aforesaid, but being such evil disposed person as aforesaid, afterwards, to wit, on the said, &c. with force and arms, at, &c. aforesaid, did unlawfully, falsely, fraudulently and deceitfully, and for his own wicked lucre in the course of his said employ, and in further breach and violation of his duty and trust in that behalf, deliver unto one E. F., [same as the first count to the end. The four next counts like the second, each stating the delivery of bread to a different person.] And the jurors aforesaid, upon their oath aforesaid, do further Seventh count, for delivery of present, that the said A. B. being so employed and entrusted as such improper aforesaid, but being such evil disposed person as aforesaid, after bread to a wards, to wit, on the said first day of April, in the forty-first year of non-comaforesaid, with force and arms, at the parish aforesaid, in the county missioned offi aforesaid, did unlawfully, falsely, fraudulently and deceitfully in the course of his said employ, and in further breach and violation of his trust and duty in that behalf, deliver unto divers, to wit, one thousand other of the said non-commissioned officers, drummers, and private soldiers, of and belonging to the said marine forces of our said lord the king, for their use and supply, a great number of other loaves of bread, that is to say, one loaf of bread to each and every of the said last-mentioned non-commissioned officers, drummers, and private soldiers, as and for loaves of bread made wholly of good great number cers, &c. marketable English or foreign wheat, whereas, &c. [as in the first Eighth count, count from the asterisk to the end.] And the jurors, &c. do further present, that the said A. B. being so entrusted and employed as aforesaid, but being such evil disposed person as aforesaid, afterwards, to wit, on the said fourth day of April in the forty-first year aforesaid, with force and arms, at the parish aforesaid, in the county aforesaid, did unlawfully, falsely, fraudulently and deceitfully, and for his own wicked lucre in the course of his said employ, and in further breach and violation of his trust and duty in that behalf deliver untò divers, to wit, one thousand other of the said noncommissioned officers, drummers, and private soldiers, of and belonging to the said marine forces of our said lord the king for their use and supply, a great number of other loaves of bread, that is to say, one loaf of bread to each and every of the said last-mentioned non-commisioned officers, drummers and private soldiers, as and for loaves of bread made wholly of good marketable English or foreign wheat; whereas in truth and in fact, &c. [as in the first count from the asterisk to the end.] For supplying unwholesome bread. (e) That A. B. late of, &c. on, &c. at, &c. knowingly, wilfully, dea hospital with ceitfully and maliciously, did provide, furnish and deliver, to and for 800 French prisoners of war, whose names to the said jurors are yet unknown, and there being under the protection of the king, confined in a certain hospital called Eastwood hospital, in the parish and county aforesaid, divers large quantities, to wit, 500lb. weight of bread, to be eaten as food by the said French prisoners of war, such bread being then and there made and baked in an unwholesome and insufficient manner, and then and there being made of and containing dirt, filth, and other pernicious and unwholesome ingredients not fit to be eaten by man, he the said A. B. then and there well knowing the said bread to be baked in an unwholesome and insufficient manner, and to be made of and contain dirt, filth, and other pernicious and unwholesome materials and ingredients, not fit to be eaten as aforesaid, whereby the said prisoners of war did then and there eat of the said bread, and thereby then and there became distempered in their bodies and injured and endangered in their healths, to the great damage of the said prisoners of war, to the great discredit of our said lord the king, to the evil example, &c. and against the peace, &c. with allum. That A. B. late of, &c. for the space of six months now last past, For selling at Chelsea, &c. hath been employed and entrusted to make and de- bread mixed liver for the use of the Royal Military Asylum there, the same () being an institution of our lord the king, for the bringing up certain children of non-commissioned officers, drummers, and privates of his majesty's army, belonging to which asylum there were divers, to wit, 1200 of the said children, certain loaves of good household bread for the use and supply of the said children, at and for a certain price to be therefore paid to the said A. B. for the same, and that the said A. B. being so employed and entrusted, but being an evil disposed person, and not regarding the laws, &c. with force and arms, &c. did unlawfully, falsely, fraudulently and deceitfully, and for his own lucre, in the course of the said employ, and in breach of his trust and duty, deliver and cause to be delivered unto | J. H. and J. G. being respectively officers or servants belonging to the said asylum, divers, to wit, 297 loaves of bread, as and for loaves of good household bread, for the use and supply of the said asylum, and the children belonging to the same; whereas in truth and in fact, the said loaves of bread were not good household bread, but on the contrary contained divers noxious and unwholesome materials, not fit or proper for the food of man, and the said A. B. well knew that the said loaves of bread were not good household bread, but that the same did contain such noxious materials, to wit, at, &c. aforesaid. [conclusion as in the last precedent.] SELLING FOOD OF INSUFFICIENT WEIGHT. baker who dian of the poor of Nor City and county of Norwich. The jurors for our lord the king, Against a upon their oath present, that for a long space of time now last contracted past, R. A. esquire was governor and a certain other person, to wit, with the guarC. D. was deputy governor, and divers other persons were assistants and guardians respectively of the poor, in the city of Norwich, wich, for delivering bread in the county of the same city and the liberties of the same, and short weight. that he the said R. A. so being such governor as aforesaid, and the (8) said C. D. so being such deputy governor as aforesaid, and the said other persons so being such assistants and guardians respectively as . See form, 3 M. & S. 11. 4 Campb. 10. (g) This indictment for nondelivery of bread of sufficient weight was settled on the decided opinion of a very experienced barrister, that the offence was in dictable on the ground stated, 2 aforesaid, heretofore, to wit, on the 19th day of September in the 52nd year of the reign of our sovereign lord George the third by the grace of God, &c. at the city and county aforesaid, duly contracted with, employed and entrusted B. H. late of the same city and county, baker, to make and deliver from time to time from the 29th day of September in the year aforesaid, until the 29th day of September in the fifty-third year of the reign aforesaid, for the use and sustenance of the said poor in the said city and county of Norwich and the liberties of the same as aforesaid, certain loaves of bread to be made of seconds flour, and to be delivered the day after they were baked, and each loaf to weigh 1 pound and 15 ounces, at and for a certain price or sum of money to be therefore paid to the said. B. H. for the same. And the jurors, &c. do further present, that the said B. H. having so contracted, and being so employed and entrusted as aforesaid, but being an evil disposed person, and contriving and intending to injure and prejudice the said poor in the said city and county, and the liberties thereof as aforesaid, and to cheat and deprive them of a great part of their daily portion and allowance of bread, and thereby to injure their healths and constitutions respectively, on the -day of the said in the 52nd year of the reign aforesaid, and from time to time, and on divers other days and times thence next following, with force and arms, &c. at the city and county aforesaid, did unlawfully, falsely, fraudulently, deceitfully and wickedly, and for his own wicked lucre and gain, in the course of his said employ, and under colour and pretence of his said contract, and in breach and violation of his trust and duty in that behalf make and deliver, so made unto then and there being master and superintendant of the said poor, and employed and entrusted by the said R. A. so being governor, and the said C. D. so being deputy governor, and the said other persons so being assistants and guardians to receive loaves of bread and other articles, to and for the use of the said poor, divers, to wit, loaves of bread, as and for loaves of bread weighing respectively 1 pound 15 ounces, for the use, sustenance and support of the said poor persons of, and belonging to, the said city and county of Norwich and the liberties of the same, whereas in truth and in fact, the said loaves of bread, so made and delivered as aforesaid, did not at the time of the making, or at the time of the delivery of the same, weigh respectively 1 pound 15 ounces, but on the contrary thereof were then and there of a much less and inferior weight, that is to say, the ́said loaves respectively were of the weight of pound - ounces, and whereas in truth and in fact, the said B. H. on the said day of, in the fifty second year aforesaid, and on the said several other days and times of the making and delivering of the said |