shall be privileged by his non-age, if under twenty-one, though above fourteen years, because laches, in such a case, shall not be imputed to him. Vide Hale & Bac. Ab. as above.

It is said that if an infant of the age of eighteen years be convicted of a disseisin with force, yet he shall not be imprisoned; 1 Hale, 21; and the law seems to be, that though an infant, at the age of eighteen or even fourteen, by his own acts, may be guilty of a forcible entry, and may be fined for the same, yet he cannot be imprisoned, because his infancy is an excuse by reason of his indiscretion; and it is not particularly mentioned in the Statute against forcible entries that he shall be committed for such fine; 4 Bac. Ab. 591; Dalt. 302; Co. Lit. 357; and see 1 Hawk. P. C. c. 64, s. 35. But an infant cannot be guilty of a forcible entry or disseisin by barely commanding one, or by assenting to one to his use; but an actual entry by an infant into another's freehold, gains the possession, and makes him a disseisin. Ibid and see Russ. on C. and M. 2.

With regard to the conviction and punishment of persons under age for capital crimes, the law is less indulgent; but as the consideration of such a subject is irrelevant to this work, the reader is referred to 4 Blac. Com. 23; and this, with other pleas and excuses in the commission of crimes and misdemeanours arising from the defect of will in the party, such as lunacy, idiotcy, and ferne coverts whilst under the actual or presumed coercion of their husbands, is very clearly set forth in Russ on C. and M. page 2 et. sec.

It is usual to add the following words in indictments for a riot after naming and describing the defendants, “together with divers other evil-disposed persons to the number of ten or more, to the Jurors aforesaid as yet unknown;" because, if one or two only of several defendants are found guilty by the Jury of a riot, the Court would direct their acquittal.

Mr. Serjeant Hawkins also observes, cap. 47, that on an indictment against three or more for a riot, the verdict acquit all but two, and find those two only, guilty, it is repugnant and void, unless the indictment charge them inter alios as above; for otherwise it appears that the defendants are found guilty of an offence whereof it is impossible they should be guilty, for there can be no riot where there are no more than two persons.

But where six were indicted for a riot, and two of them died before trial, two were acquitted, and two only found guilty, yet judgment was given upon this verdict, for by Lord Mansfield they must have been found guilty with one or both

of those who had not been tried, or it would not have been a riot. 3 Burr. R. 1262, Rex v. Scott.

Form of an Indictment for a common Riot.

COUNTY OF That A. B. late of, &c. C. D. late of, &c. and E. F. Slate of, &c. together with divers other evil-disposed persons to the number of ten or more, to the Jurors aforesaid as yet unknown, on, &c. with force and arms, at, &c. aforesaid, did unlawfully, riotously, routously, and tumultuously assemble and gather together to disturb the peace of our said Lord the King; and being so then and there assembled and gathered together (*), did then and there make great noises, riot, tumult, and disturbance; and then and there unlawfully, riotously, routously, and tumultuously remained and continued together, making such noises, riot, tumult, and disturbance for a long space of time, to wit, for the space of two hours and more then next following, to the great terror and disturbance not only of the liege subjects of our said Lord the King there and thereabouts inhabiting, residing, and being, but of all the other liege subjects of our said Lord the King there passing and repassing in and along the public streets and King's common highways there, in contempt of our said Lord the King and his laws, and against the peace of our said Lord the King, his crown and dignity.

Evidence.

Prove that three persons, at the least, were assembled to effect some preconcerted enterprize; that they either executed or attempted to execute the same by great violence and tumult.

If the act or enterprize was lawful, prove that more persons attended than necessary; or prove the tumultuous manners, expressions, or gestures of the rioters. Prove such an actual force or violence, or at least an apparent tendency thereto, as was calculated to inspire people with terror, such as gestures, or being armed with sticks, bludgeons, or fire-arms.

Indictment for a Riot and Assault.

COUNTY OF Commencement the same as the last to the (*), then SOMERSET. proceed as follows: In and upon one Jane, the wife of John Good, in the peace of God and of our Lord the King, then and there being, unlawfully, riotously, and routously did make an assault, and her the said Jane then and there unlawfully, riotously, and routously did beat, wound, and ill-treat, so that her life was greatly despaired of, and other wrongs to the said Jane then and there unlawfully, riotously, and routously did, in contempt of our said Lord

the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his crown and dignity. [Add a count for a common assault.]

Evidence.

Similar evidence as suggested to support the last case with the additional proof of the assault, otherwise the defendants will be acquitted, unless the riot is made out in evidence, and even then there should be a distinct count for the riot, without any allusion to the assault; therefore in doubtful cases as to which offence the evidence will extend, the better mode will be, for the first count to be as set forth in this precedent, the second count for a common riot, and the third count for a common assault.

SECTION 15.

RECEIVERS OF STOLEN GOODS.

It is the most general practice to indict the principal and accessary together, the one for stealing the other for receiving, according to the precedents under the head "Larceny" post. But where the principal felon is unknown, the better mode is to indict the receiver for a misdemeanour. Indeed, in the latter case the receiver could not be convicted of a felony without the principal until the passing of the recent statute 3 Geo. IV. c. 24; and even now the Judges have intimated to the profession, that upon a consideration of the third clause of this Act, no indictment should be framed upon it, the wording of it being so loose and the meaning uncertain; therefore but little will be here advanced on the subject.

In the event, however, of a prosecution for a felony under this statute, the form of the indictment may be verbatim according to the precedent next hereafter given for the misdemeanour, merely substituting the word "feloniously" for the word "unjustly."

Form of an Indictment for a Misdemeanour in receiving stolen Goods, the Principal not being convicted.

COUNTY OF SOMERSET

The Jurors of our Lord the King upon their oath present, that A. B. late of the parish of W. in the county of Somerset, labourer, on the second

TO WIT.

day of May, in the sixth year of the reign of our Sovereign Lord George the Fourth, at the parish aforesaid, in the county aforesaid, three silver spoons of the value of fifteen shillings of the goods and chattels of one G. R. by a certain ill-disposed person to the Jurors aforesaid unknown, then lately before, feloniously stolen, taken, and carried away, of the said ill-disposed person unlawfully and unjustly did receive and have; he the said A. B. then and there well knowing the said goods and chattels to have been feloniously stolen, taken, and carried away, to the great damage of the said G. R. against the form of the statute in such case made and provided, and against the peace, &c.

The venue must be laid in the county in which the defendant received the goods; see 44 Geo. III. c. 92; the stat. 22 Geo. III. c. 58, s. 1, related to " goods and chattels," excepting "lead, iron, copper, brass, bell metal, and solder;" but it has since been extended to bonds, bills, bank notes, and other securities mentioned in statute 2 Geo. II. c. 25, by stat. 3 Geo. IV. c. 24, s. 1, and vide 21 G. III. c. 69; in all which cases, the receiver or buyer may be tried before the principal felon is convicted.

Evidence.

Prove the larceny of the goods by some person unknown; and if known, his name should be stated in the indictment, otherwise the defendant will be acquitted.

The principal is a competent witness to prove not only the larceny but the whole case. Rex v. Haslem, 1 Leach, 418. The statute 22 Geo. III. c. 58, s. 1, upon which this indictment is framed, does not extend to money. Rex v. Guy, 1 Leach, 241. Prove the defendant received or bought the goods. The animus furandi or guilty knowledge may appear by presumptive evidence, such as the goods being bought at a price much below their intrinsic value, or that the defendant denied having them in his possession. 1 Hale, 619.

If the defendant actually stole them, or assisted therein, he must be acquitted of the misdemeanour, as the lesser offence would merge in the felony. 2 E. P. C. 767.

For a form of an indictment against both principal and receiver, vide post title "Larceny."

CHAPTER VI.

BANKS FOR SAVINGS.

BY the 57 Geo. III. c. 130, no such institution (Bank for Savings) shall have the benefit of this Act, unless the rules, orders, and regulations shall be entered in a book, to be kept by an officer of such institution; and which book shall be open at all seasonable times for the inspection of the persons making deposits; and unless such rules, orders, and regulations shall be fairly transcribed on parchment, and such transcript shall be deposited with the Clerk of the Peace for the county, which transcript shall be filed with the rolls of the Sessions, without fee; but nothing herein shall extend to prevent any alteration in such rules, orders, or regulations; and such new rules, orders, or regulations, alterations, or amendments, shall not be in force, until the same shall be entered in such book, and a transcript deposited with such Clerk of the Peace as aforesaid. S. 2.

All rules, orders, and regulations made and in force for the management of any such institution as aforesaid, and duly entered in such book, and deposited with such Clerk of the Peace, shall be binding on the members and officers; and the entry in such book, or the transcript, deposited with such Clerk of the Peace, or a true copy of such transcript, examined with the original, shall be received as evidence, and no certiorari shall be allowed to remove any such rules; and every copy of such transcript shall be made without a fee, except the expense of making such copy, and such copy shall not be subject to any stamp duty. S. 4.

Friendly Societies may subscribe any portion of their funds into the funds of any institution which shall take the benefit of this Act. S. 6.

By the eighth section of this Act, all the moneys, goods, chattels, and effects, and all securities of these institutions, are vested in the trustees, who are to bring and defend actions or suits, as well criminal as civil.

All persons who shall have any part of the moneys, effects, or funds, belonging to such institutions, shall, upon demand made, in pursuance of any order of the committee of such institution, give in their accounts to such committee or autho