(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.

an acces

sary for

one coun

ty, where

victed in

Middlesex to wit. The jurors of our lord the king, upon Against their oath present, that at the delivery of the gaol of our lord the king of his county of Surry, holden at Kingston upon receiving Thames, in and for the county aforesaid, on, &c. before Wil- stolen liam earl of Mansfield, lord chief justice of our lord the king, goods in assigned to hold pleas in the court of our said lord the king, before the king himself, and Sir William Henry Ashurst, principal knight, one other of the justices of our said lord the king, was conassigned to hold pleas in the court of our said lord the king another. before the king himself, then justices of our said lord the king (r) 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, &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 For a mispresent, that J. D. late of the parish of St. Leonard Shore- demeanditch, in the county of Middlesex, labourer, and M. his wife, our in receiving being persons of evil name and fame, and of dishonest con- stolen versation, and common buyers and receivers of stolen goods, goods as

(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.

(8) It is not necessary to show that the principal was attainted.

East, P. C. 782. ante 959.

accessary, the chief felon be

(t) A question has been made ing unwhether the indictment ought not known, on expressly to aver the commission of 22 Geo. the felony in the first county, see II. c. 58. ante 1 vol. 274. 9 Co. 114. 2 Stark. (u) 458. n. d. id. 1 vol. 157. 130.

(u) See similar precedent, Hand. Prac. 467. Cro. C. C. 48. Starkie, 458. As to the offence, indictment, and evidence, see ante 951 to 959.

[*963]

on the fifth day of June, in the twenty-second year of the reign of our sovereign lord George the Third, king of Great Britain, &c. with force and arms, at the parish aforesaid, in the county aforesaid, one silver 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.

Indict

ment for

val stores

found in

INDICTMENTS FOR LARCENY, RECEIVER OF
NAVAL STORES.

[Commencement as ante 960.] That A. B. late of, &c. and C. D. late of the same, labourers, being persons of evil name having na- and fame, and of dishonest conversation, (x) on, &c. (then, or at any time before,* not being contractors, nor either of them, then or at any time before, being a contractor with, or authorized by the principal officers or commissioners of our 10 W. III. said lord the king, of the navy, ordnance, or victuallers, or victualling office, for the use of our said lord the king, to

custody,

on 9 and

c. 41. s. 2.

[*964]

(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. I. 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 pursuance of such discovery, is deemed the informer, 1 Esp. Rep. 95. And, in general, the person on whose suggestion a seizure of naval stores is made, is to be deemed the informer, not he, who after the seizure, informs the admiralty, or on whose relation the proceedings are instituted, 1 Esp. Rep. 144. Judgment. The court have the power, in their discretion, of either sentencing the defendant to imprisonment and whipping, or to payment of the penalty, 5. T. R. 370. 1 Esp. Rep. 169. Each defendant, on a joint indictment, is liable to a separate penalty Cowp. 610. 5 T. R. 370.

(x) This allegation seems unnecessary, they are expressed in Cro. C. C. 7 Ed. 510. but are omitted in 8 Ed. 293.

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 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 afore- Second said, do further present, that the said quantity of cordage, count. (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 canvass, containing twenty yards in The like length, of the value of which said piece of canvass was as to canmarked with a blue streak in the middle, (being the mark vass. with which the canvass and other such warlike, &c.) [as above.]

or brass.

[If iron or brass marked with the broad arrow, say] One The like iron bolt, of the value of three shillings, which said iron bolt as to iron 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 2 Ld. Raym. 1104. this allegation, or it will be invalid,

$94

INDICTMENTS FOR LARCENY-AS TO THING

TAKEN.

That* A. B. late of, &c. on, &c. at, &c. in the night time, ing shrubs to wit, about the hour of 12 in the night of the same day, with force and arms

shrubs called of the value of plants called of the value of 5s. then and garden, on there growing in a certain garden ground of E. F. there situate and 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.

That A. B. late of London, labourer, after the twentygle felony fourth day of June in the year of our Lord one thousand sein stealing ven hundred and thirty-one, to wit, on, &c. with force and arms, at, &c. sixty pounds weight of lead, of the value of dwelling four shillings, belonging to C. D.* then and there fixed to the house, on dwelling house of the said C. D. feloniously did rip, steal, 4 Geo. II. take and carry away, against the form of the statute, &c. c. 32. (a) and against the peace, &c.

[State the offence of the principal as in last precedent to the end, and then proceed as follows.] And the jurors, &c. and assist- that C. W. late of, &c. aforesaid, labourer, on the said &c.

with force and arms, at, &c. aforesaid, feloniously was present, aiding, abetting and assisting the said A. B. in stealing the said sixty pounds weight of lead, so as aforesaid fixed to the said dwelling house, against the form of the statute, &c. and against the peace, &c.

ceivver of

[As in the precedent before the last to the end, and then Against as follows.] And the jurors, &c. do further present, that E. the reF. late of, &c. labourer, afterwards, to wit, on the said, &c. the stolen with force and arms, (b) at, &c. aforesaid, the said sixty lead. pounds weight of lead, so as aforesaid feloniously stolen, For stealtaken and carried away, feloniously did receive, (he the said ing lead E. F. then and there well knowing the said sixty pounds church weight of lead, to have been feloniously stolen,) against the on 4 Geo. form of the statute, &c. and against the peace, &c.

fixed to a

II. c. 32.

That A. B. late of, &c. on, &c. with force and arms, at, First (c) &c. aforesaid, pounds weight of lead, of the value of count,

in the lead

in the church

belonging to the Reverend C. D. Clerk, Rector of the pa- laying the rish aforesaid, in the county aforesaid, and then and there property being fixed to the parish church of aforesaid, in the in the reccounty aforesaid, then and there feloniously did steal, take tor. and carry away against the form of the statute, &c. and Second against the peace, &c. And the jurors aforesaid, upon their count, layoath aforesaid, do further present, that the said A. B. on the ing the property said— day of — in the year aforesaid, with force and arms, in the lead and at the parish aforesaid, in the county aforesaid, pounds weight of lead, of the value of belonging to E. wardens F. and G. H. Church wardens of the parish aforesaid, in the of the pacounty aforesaid, and then and there being fixed to the pa- rish. rish church of aforesaid, in the county aforesaid, then Third and there feloniously did steal, take and carry away, against ing the count, laythe form of the statute, &c. and against the peace, &c. [Com- property mencement as in second count.] pounds weight of lead, in the inof the value of belonging to the inhabitants and parishand paioners of the parish of aforesaid in the county aforesaid, rishioners. and then and there being fixed to the parish church of Fourth aforesaid, in the county aforesaid, then and there felonious- count generally ly, &c. [as in the second count to the end.] pounds* weight for stealof lead, of the value of then and there being fixed to ing lead the parish church of aforesaid, in the county aforesaid, from off a then and there feloniously, &c. [as in second count to the end.] contrary London. The jurors for our said lord the king, upon their to the sta oath present, that S. C. late of London, widow, and A. J. tute, &c. late of the same, yeoman, being common buyers and receiv- [*967]

(b) The words "force and arms," are inserted in some precedents, Cro. C. C. 7th Ed. 460. but omitted in others, see Starkie, 454. Crim. Law.

·

(c) See notes to the last precedent. The second and third counts could not be supported in law, see 1 Leach, 320. in notis.

VOL. III.

3 D

habitants

church

For receiving