For a sin

gle felony

on statute

sion of the said J. M. then and there being a letter-carrier so employed as aforesaid, to be by him the said J. M. as such letter-carrier delivered, &c. and that he being, &c. and having the said two letters containing the said bank note in his hands and possession, feloniously did secrete the said letters, then and there containing the said bank note, contrary to the form of the statute, &c. and against the peace, &c. [The second count laid the property in C. 2, a third and fourth count called the letters two certain packets, laying them respectively to be the property, first of W. C., second of C. 2. There were four other counts, alledging in the singular number a certain letter, a certain packet, the property of W. C. and C. 2. respectively.]

Middlesex, (to wit.) That S. V. late of, &c. widow, on, &c. with force and arms, at, &c. aforesaid, one flaxen sheet 3 and 4 of of the value of six shillings, and two brass candlesticks of W. & M. c. the value of three shillings, of the goods and chattels, of one 9. s. 5. for F. S. (the same goods and chattels being in a certain lodging stealing room in the dwelling house of the said F. S. there situate, by con- let by contract by the said F. S. to the said S. V., and to be tract to be used by the said S. V. with the lodging aforesaid,) then and used with there being found, feloniously did steal, take and carry a lodging. away, against the form of the statute, &c. and against the peace, &c.

(8)

INDICTMENTS FOR LARCENY IN PARTICULAR

PLACES.

For steal-
ing a bill
of ex-
change in
the dwell-
ing house
(8) See other precedents, Cro.
of M. G.
C. C. 263. Cro. C. A. 111. Starkie,
widow, in 431. 1 Leach, 336. 2 Leach, 545,
one count, 588, 680. As to the offence, see ante
and of M. 939, 940. In the indictment two per-
G. and her sons cannot be joined, unless the
husband's lodgings were let to them by a joint

That W. J. late of, &c. on, &c. with force and arms, at, &c. aforesaid, in the dwelling house of M. G. widow, fe

other ex

contract, 2 Leach, 545. It is absoecutors in lutely requisite correctly to state by another, whom the lodgings were let, 1 Leach, on 12 336. But evidence that they were Ann. stat. let by the wife, will sustain an alle1. c. 7. (t) gation that they were let by the husband, for she is regarded as his agent, 2 Leach, 705. (3rd. Ed. omitted in the 4th.) Where the indictment charged the defendant with stealing of T. N. certain arti

cles of furniture therein specified, "the same goods and chattels being in a certain lodging room in the dwelling house of the said T. N. there situate, let by contract by the said T. N. to the defendant, and to be used by the defendant with the lodging aforesaid," the proceedings were holden sufficient, without any further averment of a subsisting contract at the time the goods were stolen, 2 Leach, 588.

(t) This indictment against Jackson (see another indictment against him ante 985.) was settled by an eminent crown lawyer. See other precedents-For stealing a bank note, 2 Leach, 564. several articles, Cro.

loniously did steal,* take and carry away one bill of ex- [*989] change, for payment of the sum of thirty-three pounds eleven shillings, and of the value of thirty-three pounds eleven shillings, the said bill of exchange at the time of committing the felony aforesaid, being the property of the said M. G., and the said sum of thirty-three pounds eleven shillings payable and secured by the same bill of exchange being then due and unsatisfied to the said M. G. the proprietor thereof, against the form of the statute, &c. (u) and against the peace, &c. [Second count like the first, only laying the property in the widow and the executors.]

One silver watch of the value of forty shillings, of the The like goods and chattels of one E. F. in the dwelling-house of him in a comthe said E. F. then and there being found, then and there fe- (v) loniously did steal, take and carry away, against the peace, &c.

mon form.

persons

7. s. 1. for

various articles in a dwellinghouse. (w)

That H. C. late of, &c. W. N. of, &c. and C. Č. late of, Against &c. on, &c. with force and arms, at, &c. aforesaid, one dia- several mond ring of the value of five pounds five shillings, one pearl for a capiring of the value of one pound ten shillings, one pair of gold tal felony. bracelets with amethyst snaps, of the value of five pounds, on 12 Ann. one bracelet with an opal snap set with brilliants of the value stat. 1. c. of two pounds two shillings, one other bracelet with a stealing zaphire snap, of the value of two pounds two shillings, one other bracelet with a ruby snap of the value of two pounds two shillings, one gold chain of the value of ten pounds ten shillings, twelve yards of poplin of the value of three pounds three shillings, one miniature picture of the value of twopence, twelve pair of gloves of the value of twelve shillings, and three shifts of the value of twelve shillings, of the goods and chattels of Thomas Brudenell Bruce, earl of Aylesbury, and two silver spoons of the value of and a pair of silver sugar tongs of the value of the goods and chattels of Sarah Knapp, in the dwelling-house of the said Thomas Brudenell Bruce, earl of Aylesbury, then and there being [*990] found, feloniously did steal, take and carry away, against the form of the statute, &c. and against the peace, &c.

་

That R. P. late of, &c. on, &c. about the hour of nine in On 39

C. C. 236. Cro. C. A. 28. Starkie, 443. and see an indictment on this act, and 3 & 4 W. and M. c. 9. 4 Wentw. 52. As to the offence, see ante 939, 940. we have seen that the stealing a bank note is within the statute, as having by 2 Geo. II. c. 25. been made a valuable property in respect of which larceny may be committed, and promissory notes, bills, and other securities rest on the same principle, 2 Leach, 693. The indictment must state correctly the

name of the owner of the dwelling
house, in which the property is sto-
len, 1 Leach, 252, 338, 9.

(u) This is not necessary, as the
statute only takes away clergy and
does not create the offence, but it
seems to be most usual and proper,
and can in no case vitiate, 2 Hale,
190. 1 Vol. 290.

(v) See last precedent and notes. (w) This indictment was settled by an eminent crown lawyer.

Eliz. ch. 15. for a

house in

the day time, no

capital fe- the (y) forenoon of the same day, with force and arms, at, lony in &c. aforesaid, the dwelling-house of one J. S. there situate, breaking into a feloniously did break and enter, (no person in the same dwelldwelling ing-house then and there being,) and one pair of gloves and one pair of pincers of the goods and chattels of the said J. S. of the value of five shillings, of lawful money of Great Britain, person be- and also a certain sum of money, (z) to wit, the sum of five ing there- shillings and six pence, of the monies, goods, and chattels of in, and one J. S., of the value of five shillings of the like lawful money, in the same dwelling-house then and there being found, then and there feloniously did steal, take and carry away, against the form of the statute, (a) &c. against the peace, &c. [Second count laying the property stolen to belong to another person.]

stealing to

the a

mount of

58. (x) For capital felony, stealing in a shop, coachhouse, &c.

to the va

lue of 58.

10 and 11 W. III. c.

23. s. 1.

(b)

That S. D. late of, &c. on, &c. with force and arms, at, &c. aforesaid, one cloth coat of the value of fifteen shillings, and one cloth waistcoat of the value of ten shillings, of the goods and chattels of one J. B. in the shop (c) of him the said J. B. then and there being found, then and there privately and feloniously did steal, take and carry away, against the form of the statute, &c. (d) and against the peace, &c.

That A. O. late of, &c. on, &c. at the hour of—in the afOn 3 and 4 ternoon of the same day, with force and arms, at, &c. the W. & M. c. dwelling-house of one A. J. there situate, (one B. J. wife of 9. s. 1. for the said A. J., in the same house, in the peace of God and a capital felony in of our said lord the king* then being,) feloniously did break breaking and enter, and one silver spoon of the value of of the goods and chattels of him the said A. J. then and there fehouse in the day loniously did steal, take and carry away, and her the said B. time some J. then and there being in the said dwelling-house, then and person be- there in bodily fear and danger of her life feloniously did put, ing therein, and (f) against the form of the statute, &c. and against the putting peace, &c. him in

into a

fear. (e)
[*991]

(x) See other precedents, Cro. C. C. 7th Ed. 237. 8th Ed. 91. Burn, J. Larceny, xi. 2 Leach, 567. 2 East, 639. As to the offence, see ante 941. The indictment to oust the offender of clergy, must pursue the, language of the statute. It must, therefore, be laid in the indictment and proved in evidence, that no person was within the house at the, time the larceny was committed 2 East, P. C. 640.

(y) Or "afternoon," &c. according to the fact.

(z) Or" and 13 pieces of the current gold coin of this realm called guineas, of the value of 131. 138. of the monies of the said J. S. in the same dwelling-house, then

and there feloniously, &c.
(a) See ante 989. n. u.
This con-
clusion is not necessary, but will
not prejudice.

(b) See other precedents, Cro. C. C. 446. Starkie, 443. Burn J. Larceny, xi. As to the offence, see ante, 942.

(c) If the stealing be from a coach-house, warehouse, or stable, say "in the coach-house," &c. according to the fact.

(d) See ante 989. n. u.

(e) See a similar precedent, Burn, J. Larceny, xi. Starkie, 444. As to the offence, &c. see ante 943.

(f) This does not appear to be requisite when there is a breaking,

That A. B. late of, &c. labourer, on the in the

day of

On 3 & 4 W. & M. c. 9. for a

year of the reign of, &c. with force and arms, at, &c. aforesaid, one silver tea pot, of the value of forty shil- capital felings of the goods and chattels of one E. H. in the dwelling lony in house of her the said E. H. there situate, then and there found stealing in and being, feloniously did steal, take and carry away, and a dwelling

house, and

owner be

ing there

Second

her the said E. H. then and there being in the said dwelling- by putting house, did then and there put in bodily fear of her life, in fear the against the peace, &c. and against the form of the statute, &c. And the jurors, &c. do further present, that the said in, but A. B. on the said, &c. with force and arms, at, &c. aforesaid, without feloniously did comfort, aid, abet, assist, counsel, hire and breaking. command certain persons, to wit, one J. M. and divers other First persons to the jurors aforesaid at present unknown, felon- count as iously to take away one silver tea pot, of the goods and principal chattels of the said E. H. then and there being found in the count dwelling-house of the said E. H. there situate, and also to against put in bodily fear of life, her the said E. H., then and there the defenbeing in the said dwelling-house, and which said last men- dant as ationed goods and chattels being of the value aforesaid, in the bettor and said dwelling-house, they the said J. M., and the said other persons at present unknown to the jurors aforesaid, in pursuance of such the said comforting aiding, abetting, counselling, hiring and commanding of the said A. B. feloniously did then and there take away, and her the said E. H. then and there being in the said dwelling-house, did then and there put in bodily fear of her life, against the peace, &c. and against the form of the statute, &c.

Middlesex,* to wit. That A. B. late of, &c. and C. D. late of, &c. on, &c. with force and arms, at, &c. aforesaid, one

as that completes the robbery; but, in order to oust the offender of clergy, it is necessary to allege a breaking, and an actual larceny, some person being in the house at the time, 1 Hale, 522. 2 Hale, 354. East, P. C. 634. 2 Leach, 671.

(g) See other precedents, 4 Wentw. 52. Starkie, 444. 2 Leach, 671. As to the offence, see ante 943, no breaking is necessary under this clause, as no putting in fear is requisite on the other. But the indictment must expressly allege a putting in fear by the prisoner, and it will not suffice to pursue the words of the statute, and state that the defendant stole the goods in the dwelling of the owner, he being therein and put in fear, 2 Leach 671. The defendant may, however, on such a defective indictment, be convicted Crim. Law.

of simple larceny, 2 Leach, 671.
(h) See precedent Cro. C. A. 178.
Cro. C. C. 435. 2 Starkie, 448. 445.
and see ante 949. and see post for
sacrilegious burglary, for sacrilege
or robbery in a church, and for
taking away two communion cups,
two copes of black velvet, and three
surplices, West, 197, it concludes
contra form, and avers the offender
to be a layman and not in holy or-
ders, it is framed on the 23 Hen.
VIII. whereby clergy is taken from
all persons not actually in holy or-
ders. A similar indictment for rob-
bing a church of several articles,
West. 236. Indictment for robbing
a church in the night time, stating
the offence to be burglariously, but
not stating it to be sacrilegiously,
and not concluding contrary to the
form of the statute, see West, 196.
VOL. III.
3 G

procurer.

[*992] For a capital felony in stealing from a church.

(h)

silver cup, of the value of of six pounds, of the goods and chattels of the parishioners of the said parish, (in the custody of E. F. and G. H. then church wardens of the same parish,) in the church of the parish aforesaid, then and there being found, then and there feloniously and sacrilegiously did steal, take and carry away, against the form of the statute, &c. and against the peace, &c.

For a sin

on'48 Geo.

INDICTMENTS FOR LARCENY, FROM THE

PERSON.

That A. B. late of, &c. on, &c. with force and arms, at, gle felony &c. aforesaid, one silver watch with a silver chain, of the vaIII. c. 129. lue of four pounds, of the goods and chattels of one C. D. for steal from the person of the said C. D. then and there feloniously ing from did steal, take and carry away, against the form, &c. and against the form, &c.

the person. (i)

INDICTMENTS FOR SOLICITATIONS TO STEAL
AND EMBEZZLE.

IndictThat A. B. late of, &c. on, &c. at, &c. aforesaid, did falsely, ment for wickedly and unlawfully, solicit and incite one J. D. a sersoliciting servant to vant of J. P.* late of, &c. to take, embezzle and steal a quanembezzle tity of twist, of the value of three shillings, of the goods and chattels of his master the said J. P. to the great damage, &c. goods. (k) to the evil example, &c. and against the peace, &c.

his mas

ter's

[*993]