INDICTMENTS FOR LARCENY, GENERAL FORMS part there. of, on 4 & 5 W. and M. c. 9. s. [To the end of the Indictment ante 960*, against the principal, For receiving and then as follows.] And the jurors aforesaid, upon their oath stolen aforesaid, do further present, that F. M. late of, &c. labourer, af- goods or terwards, to wit, on, &c. with force and arms, at, &c. aforesaid, the goods and chattels aforesaid, (or "one silver watch, being parcel of the goods and chattels aforesaid") so as aforesaid, feloni- 4. (0) ously stolen, taken, and carried away, feloniously did receive and have, he the said T. M. then and there well knowing (1) the [*962] said goods and chattels (9) to have been feloniously stolen, taken, and carried away, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. * accessary one coun Middlesex, to wit. The jurors of our lord the king, upon Against an their oath present, that at the delivery of the gaol of our lord the for receivking of his county of Surry, holden at Kingston upon Thames, ing stolen goods in in and for the county aforesaid, on, &c. before William earl of Mansfield, lord chief justice of our lord the king, assigned to ty, where principal hold pleas in the court of our said lord the king, before the king was conhimself, and Sir William Henry Ashurst, knight, one other of the another. justices of our said lord the king, assigned to hold pleas in the court () of our said lord the king before the king himself, then justices of our said lord the king assigned to deliver the said gaol of the prisoners therein being, M. T. late of, &c. labourer, was duly convicted, (s) for that he the said M. T. on, &c. with force and arms, at, (0) See a similar precedent, 1 Leach, 109. Starkie, 457. As to the offence, indictment, evidence, c. see ante 951 to 959*. See indictments against accessaries in general, ante 2 vol. 5*, and the law of accessaries 1 vol. 261" to 267*. See indictments against receivers of lead, post; and indictments against accessaries before the fact, or by harbouring the principal felon, ante 2 vol. 5*, 6*. () This is a sufficient allegation of knowledge, 2 Stra. 904. Com. Dig. Indictment G. 6. ante 959*. (9) If the defendant only received a part of the goods stolen, here insert "last mentioned." (r) See a similar precedent, Cro. C. C. 49. Starkie, 457. This indictment is founded on 2 and 3 Ed. VI. c. 24. If defendant received only part of the goods, observe as the last precedent and notes. (9) It is not necessary to show that the principal was attainted. East, P. Č. 782. ante 959*.* victed in For a misdemean our in receiving stolen felon known, on [*963] &c. (t) seventeen yards of linen cloth, of the value of thirty shillings, of the goods and chattels of one T. W. then and there being found, feloniously did steal, take, and carry away, against the peace of our said lord the king, his crown and dignity, as by the record thereof remaining filed in the said court of gaol delivery, may more fully and at large appear. And the jurors aforesaid, upon their oath aforesaid, do further present, that J. C. late of, &c. labourer, afterwards, to wit, on the said, &c. with force and arms, at the parish of Saint Martin in the Fields, in the county of Middlesex, aforesaid, the goods and chattels aforesaid, so as aforesaid, feloniously stolen, taken, and carried away, feloniously did receive, and have, (the said J. C. then and there well knowing the aforesaid goods and chattels to have been feloniously stolen, taken, and carried away,) against the form of the statute, in that case made and provided, and against the peace of our said lord the king, his crown and dignity. * Middlesex. The jurors of our lord the king upon their oath that J. D. late of the parish of St. Leonard Shoreditch, present, in the county of Middlesex, labourer, and M. his wife, being pergoods as sons of evil name and fame, and of dishonest conversation, and accessary, common buyers and receivers of stolen goods, on the fifth day of the chief June, in the twenty second year of the reign of our sovereign being un- lord George the Third, king of Great Britain, &c. with force and 22 Geo. II arms, at the parish of aforesaid, in the county aforesaid, one silver C. 58 (u) tankard, of the value of six pounds, of the goods and chattels of one S. M. by one E. F. (or "by a certain evil disposed person to the jurors aforesaid, yet unknown") then lately before feloniously stolen, of the said E. F. (or "of the same evil disposed person") unlawfully, unjustly, and for the sake of wicked gain, did receive and have, (they the said J. D. and M. his wife, then and there well knowing and each of them well knowing the said goods and chattels to have been feloniously stolen,) to the great damage of the said S. M. against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity. (t) A question has been made whether the indictment ought not expressly to aver the commission of the felony in the first county, see ante 1 vol. 274*. 9 Co. 114. 2 Stark. 458. n. d. id. 1 vol. 157, 130. (u) See similar precedents, Hand Prac. 467. Cro. C. C. 48. Starkie, 458. As to the offence, indictment, and evidence, see ante 951° to 959*. INDICTMENTS FOR LARCENY, RECEIVER OF found in on 9 and (w) [*964] [Commencement as ante 960*] That A. B. late of, &c. and C. D. Indictments for late of the same, labourers, being persons of evil name and fame, having naand of dishonest conversation, (x) on, &c. (then, or at any time val stores * before, not being contractors, nor either of them, then or at any custody, time before, being a contractor with, or authorized by the principal 10 W. III. officers or commissioners of our said lord the king, of the navy, c. 41. s. 2. ordnance, or victuallers, or victualling office, for the use of our said lord the king, to make any stores of war or naval stores whatsoever with the marks usually used to and marked upon our said lord the king's said warlike and naval or ordnance stores, nor then, nor either of them, then being retained or employed by any such contractors for the use in that behalf aforesaid,) with force and arms, at, &c. aforesaid, then and there, unlawfully had in the custody and possession of them the said A. B. and C. D., a certain quantity of cordage, containing in length seventy yards, and in thickness three inches and upwards, of the value of twenty pounds of lawful money of Great Britain, which said quantity of cordage (w) See other precedents, Cro. C. C. 293. 6 Wentw. 405. 2 Ld. Raym. 1104. As to the offence, see at large ante 955*. and 9 & 10 W. III. c. 41. s. 1, 2. 9 Geo. 1. c. 8. 17 Geo. II. c. 40. s. 10. 12 Geo. III. c. 21. 39 & 40 Geo. III. c. 89. and see Cowp. 610. 5 T. R. 544. Indictment. Though the statute of William prescribes a specific penalty for this offence on conviction, it has been holden to be indictable, 2 Ld. Raym. 1104. Evidence. The informer, who in case of the penalty being imposed by way of pecuniary mulct, would be entitled to a share of it is still a competent witness, 1 Esp. Rep. 169. 3 Esp. Rep. 68. Peake, N. P. 217. though it was once holden otherwise, 1 Esp. Rep. 96. A peace officer who in searching for other goods discovers naval stores, and an information is filed in pursu- (x) This allegation seems unne- Second count. The like as to canvass. The like as to iron then and there was wrought with a white thread, laid the contrary way, (being the mark with which cordage of that dimension, being warlike and naval stores of our said lord the king, and other such warlike and naval stores then and before usually were and yet are marked,) against the form, &c. (y) and against the peace, &c. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said quantity of cordage, (being of the goods and warlike and naval stores of our said lord the king, and so as aforesaid wrought and marked,) then and there was found in the custody and possession of them the said A. B. and C. D. (they the said A. B. and C. D. not being such contractors, nor either of them being such contractor, nor retained or employed, nor either of them being retained or employed, as aforesaid, as by the statute in such case made and provided is required,) to the diminution of the warlike and naval stores of our said lord the king, to the evil example, &c. against the form, &c. and against the peace, &c. One piece of wrought length, of the value of which said piece of canvass was marked with a blue streak in the middle, (being the mark with which the canvass and other such warlike, &c.) [as above.] canvass, containing twenty yards in [If iron or brass marked with the broad arrow, say] One iron or brass. bolt, of the value of three shillings, which said iron bolt was marked with the broad arrow, (being the mark with which the iron bolts, and other such warlike &c.) [as before] so of nails, hinges, padlocks, and other such stores [as the fact may be.] (y) The indictment must contain this allegation, or it will be invalid, 2 Ld. Raym. 1104. *INDICTMENTS FOR LARCENY-AS TO THING [*965] TAKEN. That A. B. late of, &c. on, &c. at, &c. in the night time, to For stealing shrubs wit, about the hour of 12 in the night of the same day, with in the force and arms shrubs called of the value of 58. night time from a of the value of 58. then and there garden, on plants called c. 36. (z.) and growing in a certain garden ground of E. F., there situate and 6 Geo. III. then and there being the property of the said E. F., did feloniously pluck up and steal, take and carry away, against the form, &c. and against the peace, &c. fo ed to a That A. B. late of London, labourer, after the twenty-fourth For a single felony day of June, in the year of our Lord one thousand seven hun-in stealing dred and thirty-one, to wit, on, &c. with force and arms, at, &c. lead affixsixty pounds weight of lead, of the value of four shillings, be- dwelling longing to *C. D. then and there fixed to the dwelling house of house, on the said C. D. feloniously did rip, steal, take and carry away, c. 32. (a) against the form of the statute, &c. and against the peace, &c. [966] (*) See a similar precedent, 2 Starkie, 441. This indictment is founded on 6 Geo. III. c. 36. s. 1. which makes the offence a single felony and punishable with transportation for seven years; see this act recited and 6 Geo. III. c. 48. s. 3. which punishes similar offences in the day time with milder penalties ante 926*. Under this act, the of fence must be proved to have been committed in the night; and the same rules apply as in case of burglary; so that if there were sufficient day-light left to enable a witness to distinguish the features of the prisoner, he must be acquitted, 1 Leach, 222. The court are not bound to pass sentence of transportation, but may give judgment in their discretion, as in case of any other clergyable felony, 1 Leach, 481. (a) See other precedents, 1 Leach, VOL. II. 4 Geo. II. 318. Cro. C. C. 7th Ed. 459. Cro. C. |