A conspiracy must be by two persons at least; one cannot be convicted of it, unless he have been indicted for conspiring with persons to the jurors unknown. 1 Hawk. c. 72, s. 8. And a man and his wife cannot be indicted for conspiring together alone, because they are in law one person. (Ante, p. 17). But one person afone may be tried for a conspiracy, provided the indictment chargé him with conspiring with others who have not appeared. R. v. Kinnersley, 1 Str. 193, or who are since dead. R., Nichols, 2 Str. 1227.

Indictment for a Conspiracy to commit a Crime.

Middlesex, to wit:-The jurors for our lady the Queen upon their oath present, that J. S., late of the parish of B., in the county of M., shipowner, J. W., late of the same place, yeoman, and E. W., late of the same place, mariner, being evil-disposed persons and wickedly devising and intending to defraud and prejudice certain persons hereinafter mentioned, on the third day of August, in the ninth year of the reign of our sovereign lady Victoria, with force and arms, at the parish aforesaid, in the county aforesaid, did amongst themselves conspire, combine, confederate, and agree together, falsely, and fraudulently to cheat and defraud certain underwriters hereinafter mentioned, of divers large sums of money: AND THE JURORS AFORESAID, upon their oath aforesaid, do further present, that the said J. S., J. W., and E. W., afterwards, to wit, on the [date of the policy] in the year aforesaid, at the parish aforesaid, in the county aforesaid, in pursuance of, and according to, the said conspiracy, combination, confederacy, and agreement amongst themselves, had as aforesaid, did cause and procure a certain ship called the

and

certain goods in and on board the said ship, to be insured by certain underwriters, to wit, by A. B., C. D., E. F., and G. H., and the said underwriters then and there severally a certain policy of insurance upon the said ship, and upon the said goods so laden on board the said ship as aforesaid, upon and for a voyage from the port of London to the island of Saint Vincent in the West Indies: AND THE JURORS AFORESAID, upon their oath aforesaid, do further present, that the said J. S., J. W., and E. W., afterwards, and after the said ship sailed from the port of London aforesaid, upon the voyage aforesaid, to wit, on the fourth day of September, in the year aforesaid, in further pursuance of, and according to, the said conspiracy, combination, confederacy, and agreement among themselves, had as aforesaid, did remove and unlade from on board the said ship divers goods insured as aforesaid, of great value, to wit, of the value of four hundred pounds, before the said ship had reached the port or place of destination, aforesaid, to wit, at the parish aforesaid, in the

county aforesaid: AND THE JURORS AFORESAID, upon their oath aforesaid, do further present, that in further pursuance of, and according to, the said conspiracy, *combination, confederacy, [ #678 ] and agreement amongst themselves, had as aforesaid, the said

J. S., J. W., and E. W., afterwards, to wit, on the twentieth day of September, in the year aforesaid, on the high seas, to wit, at the parish aforesaid, in the county aforesaid, did cut, bore, and make, and did cause and procure to be cut, bored, and made, divers holes in the bottom and sides of the said ship or vessel, with intent thereby to sink, cast away, and destroy the said ship and the goods in and upon the said ship so 'laden as aforesaid, and with intent and design then and thereby wilfully and maliciously to prejudice the said several persons who had so underwritten the said policy of insurance upon the said ship, and upon the goods so therein and thereupon laden as aforesaid: to the great damage of the said A. B., C. D., E. F., and G. H., who had so underwritten the said policy as aforesaid, and against the peace of our lady the Queen, her crown and dignity. See the precedent, 6 Went. 387; and see the following precedents: of an indictment for a conspiracy to embezzle money collected on a brief, C. C. C. 136; to cheat a man out of money by pretending to secure to him an annuity, 4 Went. 80, 89; to get from a man his acceptances, upon pretence of getting them discounted, 6 Went. 378; to defraud a man of money under pretence of procuring a place, C. C. C. 127, 133; to blow up the walls of a prison, C. C. C. 422; to escape out of prison, 4 Went. 116; to raise the price of victuals (salt), C. C. C. 130; to obtain a nolle prosequi to an indictment by fraud, C. c. c. 138; to give a false certificate of a road being in repair, 4 Went. 125; and see R. v. Mawbey, 6 T. R. 619; to throw a burthen upon the parish, by the parish officers of another parish persuading a pauper of the former parish to marry a female pauper of their parish, C. C. C. 128; 1 A. & Ell. 706; (see now the 7 & 8 Vict. c. 101, s. 8; ante, p. 674); to bring a pregnant pauper to settle in a parish, 4 Went. 124; wrongfully to hold a man to bail, 4 Went. 94; to withdraw customers from a brewer, 4 Went. 106; to injure gunmakers in their trade, 4 Went. 439; to ruin a player in his profession, 6 Went. 443; to accuse a woman with incontinence with defendant, in order to make her marry him, 4 Went. 79.

Evidence.

As to the evidence, see ante, p. 676. Prove the conspiracy, either expressly, or prove one or more of the overts acts laid and that the defendants were either engaged in the commission of them or caused or procured their commission, from which the jury may fairly presume the conspiracy.

As to combinations by workmen to enhance their wages, &c. &c., see forms of indictments at common law, C. C. C. 127, 134; 4 Went. 100, 103, 113, 120; 6 Went. 375. See also R. v. Bykerdike, 1 M. & Rob. 179. Assaults in pursuance of such combinations are now punishable with hard labour besides imprisonment, &c., by 9 G. 4, c. 31, s. 25, which repeals the former statutes upon this subject, and amends and consolidates their various provisions. (See ante, p. 460).

*PART IV.

[ *679 ]

ACCESSARIES, &c.

PRINCIPALS IN THE SECOND DEGREE.

Statutes.

7 & 8 G. 3, c. 29, s. 61-Punishment of Principals in the second Degree and Accessaries for Malicious Larcenies]-Enacts, that in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with death, or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act (except only a receiver of stolen property) shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person who shall aid, abet, coursel, or procure the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender.

7 & 8 G. 4, c. 30, s. 26-Punishment of Principals in the second Degree and Accessaries for Malicious Injuries]—Enacts, that in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and every person, who shall aid, abet, counsel, or procure the commission of any misdemeanor punishable under this act, shall be liable to be indicted and punished as a principal offender.

11 G. 4 & 1 W. 4, c. 66, s. 25--Punishment of Principals in the second Degree and Accessaries, for Forgery-Enacts, that in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with

death, or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years. See 7 W. 4 & 1 Vict. c. 84, s. 3, (ante, p. 355).

2 W. 4, c. 34, s. 18—Punishment of Principals in the sec[ *680 ] ond * Degree and Accessaries, for Coining]—Enacts, that in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years; and in so far as relates to Scotland, every person who shall become accessary after the fact to any of the offences to which the punishment of transportation is by this act attached, shall, on conviction, be liable to be imprisoned for any term not exceeding two years; the general law of Scotland as to accession, or art and part, being in all other respects to regulate the punishments to be awarded under this

act.

7 W. 4 & 1 Vict. c. 85, s. 7-Punishment of Principals in the second Degree and Accessaries, for Offences against the Person]-Enacts, that in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessary after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years.

7 W. 4 & 1 Vict. c. 86, s. 6-Punishment of Principalsin the second Degree and Accessaries, &c., for Burglary and stealing in a Dwellinghouse, &c.]-Enacts, that in the case of every felony punishable under this act, every principal in the second degree, and every accessary before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable, and every accessary after the fact to any felony punishable under this act (except only a receiver of stolen property) shall, on conviction, be liable to be imprisoned for any term not exceeding two years.

7 W. 4 & 1 Vict. c. 87, s. 9-Punishment of Principals in the second Degree and Accessaries, for Robbery and Stealing from the Persons, &c.]-This section is verbatim the same as 7 W. 4 & 1 Vict. c. 86, s. 6.