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for sinking ship to defraud underwriters, 900

for stealing from ship wrecked in Wales, 901

for felony, stealing to the value of forty shillings in ship and on navigable river, 902

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Precedents of indictments for conspiracy.

general form of, 911°

for conspiracy to release man from custody of marshal, by becoming bail under fictitious names, 911

for conspiracy to cause sheriff's officer to arrest wrong person, &c. by personating party against whom writ was issued, 914

for conspiracy by persons confined in K. B. for debt to effect their own escape and that of others, 916

against several prisoners for riot in K. B. prison, and attempting to blow up wall thereof with gunpowder, &c. 917

for beginning to break down part of wall, 917

for making hole in wall and placing gunpowder in it, 918

for conspiracy to persuade a man not to give evidence against one committed for putting off bad money, 918

against two persons for conspiring that one of them should rob the other with intent to charge hundred, 924

for conspiring to cheat his majesty by producing false dice to be played with, 925

for conspiracy and producing false dice, 925

for conspiracy to seduce artificers and to convey machinery to foreign parts, 926

for conspiracy among journeymen to raise wages, and lessen time of labour, 926

against several salt makers for conspiring to enhance price of salt, 927

against journeymen serge weavers for refusing to work for master who had employed man contrary to certain rules entered into by conspiracy, 930

for conspiracy by journeymen manufacturers to raise price of labour, &c. and breaking open prison, 931

against master rope makers for conspiracy not to employ journey men who had left last master without consent, 934

for conspiracy to hold a man to bail for sum of 11002, 934

for conspiracy to indict innocent man of perjury, 936

for indicting person for forging stamps, 940

for conspiracy to charge man with having stolen goods from one of conspirators and thereby obtaining promissory note and money from prosecutor, 941

for conspiracy to charge person with being father of bastard child,

for conspiracy and defrauding person of 50%. under pretence of procuring his son an office, 943

for conspiracy to charge a man with receiving stolen goods, and thereby obtaining money for compounding same, &c. 945 for conspiring to charge man with rape, and indicting him, 946 for conspiring to charge man with committing unnatural crime, &c.

948

at common law, for conspiracy to defraud prosecutor of 5000l. worth of bills of exchange under pretence of getting them discounted,

949

for general conspiracy to defraud, stating no overt acts, 950 for conspiracy by defendant to obtain possession of wool, by pretending to be merchants, &c. 951

for conspiracy by curate and officers of parish to defraud sufferers by fire of money collected by brief for their relief, 952

for conspiracy to break into dwelling house with felonious intent to steal goods therein, 956

for conspiracy to pull down wall, &c. 957

CHITTY'S

CRIMINAL LAW.

CHAPTER I.

THE USUAL COMMENCEMENTS AND CONCLUSIONS
OF INDICTMENTS, INFORMATIONS, AND CORO-
NER'S INQUESTS.

MIDDLESEX. The jurors for our lord the king upon their Com. oath present, that Elizabeth Powell, late of the parish of Saint mencement of inPaul, Covent Garden, in the county of Middlesex, (a) widow, on dictment at sessions the twentieth day of February, in the forty-seventh year of the for the reign of our sovereign lord George the Third, by the grace of county of Middlesex God, of the United Kingdom of Great Britain and Ireland, King, for an of defender of the faith, with force and arms at the said parish of fence comSaint Paul, Covent Garden, in the said county of Middlesex, did of the city &c. [State offence.]

mitted out

and liberty of Westminster.

Com

Middlesex. The jurors for our lord the king upon their oath present, that A. B. late of the parish of Saint Martin in the fields, mencein the county of Middlesex, yeoman, &c. [Proceed as above.] dictment

(a) It is generally preferable to state the defendant's addition of place in the parish or place where the of fence was committed, ante 1 vol. 210*.

(b) This is the proper form of commencement of indictment at the ses

VOL. II.

ment of in

at sessions

for county of Middlesex, for an offence committed within city and liberty of Westminster. (b)

sions for Middlesex, for an offence
committed within the city and liber-
ty of Westminster, except the pre-
cinct of Saint Martin le Grand, Lon-
don. See Cro. C. C. 7 Ed. 36, 37.-
8 Ed. 14.

A

Commence

ment of in

dictment

City, borough, and town of Westmins-2 The jurors for our lord ter, in the county of Middlesex. the king upon their oath present, that A. B. late of the parish of Saint Martin in the fields, at sessions for the city within the liberty of the dean and chapter of the collegiate church and liberty of Saint Peter, Westminster, the city, borough, and town of minsterfor Westminster, in the county of Middlesex, yeoman, &c. on, &c. an offence with force and arms at the parish aforesaid, and within the lited within berty aforesaid, in the city, borough, and town of Westminster same but aforesaid, in the county of Middlesex aforesaid, did, &c. [State

of West

commit

without St

Martin's le offence.]
Grand. (c)

[*2]

Com

mence

indictment

Essex, (to wit.) The jurors for our lord the king upon their oath present, that C. D. late of the parish of in the county ment of an of Essex, (e) labourer, on the thirty-first day of December, in at the assi- the fifty-sixth year of the reign of our sovereign lord George the zes or ge. Third, by the grace of God of the United Kingdom of Great Brineral quarter ses- tain and Ireland, King, defender of the faith, (f) with force and sions. (d) arms at the parish of aforesaid, in the county of Essex afore

The like

with an

said, &c. [State offence.]

Essex, (to wit.) The jurors for our lord the king upon their oath present, that John Richardson, late of the parish of, in of Essex, labourer, otherwise called John Baldwin,

alias dic-
the
tus of sur-
county
name. (g) on, &c.

The like

with an

Essex, (to wit.) The jurors for our lord the king upon their oath present, that C. D. late of the parish of in the county alias addi- of Essex, gentleman, otherwise called C. D. late

tion of de

gree. (h) place, esquire, on, &c.

[*3]

The like a

of the same

Essex, (to wit.) The jurors for our lord the king upon their gainst a fe- oath present, that E. D. wife of C. D. late of the parish of

me covert

indicted in the county of Essex, yeoman, on, &c.

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(c) As to this form see Cro. C. C. before the alias dictus, ante 1 vol 7 Ed. 37. (d) Cro. C. C. 8 Ed. 45.

(e) It is usual and better to state
defendant's addition of county where
he resides, see reason, ante 1 vol.
210*.

(f) This is the present style.
(g) The addition should always be

120*.

(h) Fost. 5.

(i) Ante 1 vol.210*. 2 Hale, 176, 7. Cro. C. C. 8 Ed. 35. Bac. Ab. Misnosmer, B. 4. Cro. Eliz. 198. 750. 2 Inst. 669. Hawk. b. 2. c. 23. s. 124.

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of Essex, labourer, E. F. late of the same place, labourer, and fendants. G. H. late of the same place, sergemaker, on, &c.

(k)

Admiralty of England. The jurors for our sovereign lord the Indictking upon their oath present, that C. D. late of mariner, on, ment for an offence &c. with force and arms upon the high sea, near the coast of Ma- within the labar, in the East Indies, and within the jurisdiction of the Ad- Admiralty jurisdicmiralty of England, in and on board of a certain ship, called the tion. (!) Adventure galley (whereof the said C. D. was then and there commander) then and there being, feloniously, wilfully, and of his malice aforethought, did, &c. [State the offence and every fact to have happened within the jurisdiction of the Admiralty of England aforesaid, and if for murder conclude as follows:] and so the jurors aforesaid, upon their oath aforesaid, do say that the aforesaid C. D. him the said A. B. upon the high sea aforesaid, in the ship aforesaid, and within the jurisdiction of the admiralty of England aforesaid, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder against the peace of our said lord the king, his crown and dignity.

mence

And the jurors aforesaid, upon their oath (n) aforesaid, do fur- Comther present that that the said C. D. on, &c. with force and arms, at, &c. aforesaid, &c. [State the offence.]

ment of a second or

subsequent count. (m)

ment of an

ment in

the Circuit

[The grand inquest of the United States of America, inquir- [Coming for the Eastern District of Pennsylvania, upon their oaths menceand solemn affirmations, do present, that A. B. late of the county indictof Montgomery, in the said District, yeoman, on the first day of January, in the year of our Lord one thousand eight hundred and Court of seventeen, at Montgomery county, in the said District, within the jurisdiction of this court, with force and arms did, &c. [State the the Eastoffence.]

(4) In Hawk. b. 2. c. 25. s. 76, it is said to be safer to repeat the addition of place after the name of each defendant, 1 Bulstr. 183. Bac. Ab. Indictment, G. 2. but see Fost 5.

(1) Cro. C. C. 8 Ed. 443. 447. 7 Ed. 700. 707. Starkie, 367. 1 Leach

the United States for

ern District of Pennsylvania.]

Cro. L. 4 Ed. 388. 569. 3 Ed. 432.
648.

(m) Cro. C. C. 8 Ed. 45.

(n) When a second offence is alledged in the same indictment it should be prefaced with a super sacramentum suum ulterius præsen

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