case the king against come and another a indictment lie against overseer for  refuse to account within the time limit by Elizabeth c say qure S c salk S c  comb by Elizabeth c S the churchwarden and overseer or such of they as shall  not be let by sickness or other just excuse to be allow by two justice of the  peace shall within four day after the end of their year and after other  overseer nominate make and yield up to two justice of the peace true and  perfect account of all sum of money by they receive or rate and sess and not  receive c upon pain that every one of they shall forfeit twenty shilling which  may be levy by distress by warrant of two justice and in defect of such  distress two justice may commit he or they to the common gaol of the county  there to remain without bail or mainprize until payment of the say sum and  arrearage and by the four section it be enact that two justice shall and may  commit to the say prison every one of the say churchwarden and overseer which  shall refuse to account there to remain without bail or mainprize until he  have make a true account and satisfy and pay so much as upon the say account  shall be remain in his hand by Geo c the overseer shall within fourteen day  after other overseer be appoint deliver in their account to say overseer and  pay the balance which account shall be verify on oath and if they do not  account as the Act direct two justice may commit they to the common gaol until  they shall account and pay the balance a the defendant be indict at the  session for that they be choose overseer of the poor of the parish of Lynn for  the year and have take upon they that office they et uterque the dawn do  collect and receive several sum of money for the modern er p relief of the  poor and do refuse to account within four day after the end of the say year  and after other overseer be nominate to give a account to two justice of the  peace of the sum by they receive and to deliver over the same to the new  overseer but convert it to their own use and do use other fraudulent practice  to deceive the poor c contra form to cause to stand c this indictment be  remove into the court of king bench by certiorari and the exception to it be  first that a indictment will not lie for this offence for it be ground on a  Act of parliament which appoint the overseer to account and provide a  punishment for refuse videlicet to be commit by two justice of the peace till  they account modern and pay what remain in their hand there to remain without  bail so that this be a offence make by a particular statute which be not so at  commonlaw and direct how the offender shall be punish that must be the remedy  and no other can be pursue the court the overseer be require by the Elizabeth  c S to account and their refusal be a contempt of the law for which they may  be indict and as to that there be no difference when a thing be enjoin and  when it be prohibit by a statute for when it be prohibit the party shall not  only have his action for the injury do but the offender shall be punish at the  king suit for the contempt of his law it be true two justice of peace have  power to commit the overseer refuse to account which be a proper mean to come  at the right but it do not satisfy the king for the contempt a the court doubt  upon this point of the case S c salk but say that a indictment at session seem  to be within the statute S c comb and the court have refuse on motion to quash  a indictment against overseer for not pay over money to their successor king v  king stram a second if a indictment will not lie for this offence as set forth  it will not for the other fraudulent practice mention in it because it be too  generalSee king v mason term Rep b and so it have be adjudge in like case  videlicet where a man be indict for be a common misdoer roll Abr c it be hold  void without lie some particular offence three it be say that be overseer of  the parish of Lynn they do collect several sum c but they have lie no venue  where the money be collect neither be it mention what sum be receive as to the  objection that the indictment do not set forth what sum be collect it be not  material for the offence be for not account fourthly two be indict and it be  say that they et uterque the dawn do receive money which they have not bring  to account this be likewise void for the uncertainty because the act of one be  not the act of the other as where four be indict for use a trade contra form  to cause to stand roll Abr d set forth that they et uterque the dawn do use  the trade it be quash for this reason for the use of one can be the use of the  other salk Sess case stram ld ray e modern the court though it be true that  two can be indict for refuse to become apprentice because the service of one  can be the service of the other yet two may be indict for a cheat see Benfield  v sander burr king v young term Rep f and for several other offence  Adjournatur