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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 navi.

gable river, 902

CHAP. XVIII.
INDICTMENTS FOR CONSPIRACY.
Preliminary notes.

offence, 903
modes of prosecution, 908
indictment, 908
evidence, 910
new trial, &c. 910

punishment, 910
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 play

ed with, 925 for conspiracy and producing false dice, 925 for conspiracy to seduce artificers and to convey machinery to foreign 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 con.

spiracy, 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 journeymen

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,

942

parts, 926

for conspiracy and defrauding person of 501. under pretence of pro

curing 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 50001. 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 pretend.

ing 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.

mence.

MIDDLESEX. The jurors for our lord the king upon their Com. oath present, that Elizabeth Powell, late of the parish of Saint

ment of inPaul, Covent Garden, in the county of Middlesex, (a) widow, on dictment the twentieth day of February, in the forty-seventh year of the for the

at sessions reign of our sovereign lord George thc Third, by the grace of county of

Middleses 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 com.

mitted out Saint Paul, Covent Garden, in the said county of Middlesex, did of the city &c. [State offence.]

and liberty of West

minster. Middlesex. The jurors for our lord the king upon their oath

Compresent, that A. B. late of the parish of Saint Martin in the fields, mence

ment of in. in the county of Middlesex, yeoman, &c. [Proceed as above.] dictment

at sessions for county of Middlesex, for an offence

committed within city and liberty of Westminster. (6)

(a) It is generally preferable to sions for Middlesex, for an offence state the defendant's addition of place committed within the city and liberin the parish or place where the of. ty of Westminster, except the prefence was committed, ante 1 vol. cinct of Saint Martin le Grand, Lon210*.

don. See Cro. C. C. 7 Ed. 36, 37, (b) This is the proper form of com- 8 Ed. 14. mencement of indictment at the ses. VOL. II.

А

Com- City, borough, and town of Westmins. The jurors for our lord mencement of in.

ter, in the county of Middlesex. S the king upon their oath dictment *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 of Westminsterfor Westminster, in the county of Middlesex, yeoman, &c. on, &c. an offence with force and arms at the parish aforesaid, and within the licommitted within berty aforesaid, in the city, borough, and town of Westminster same but aforesaid, in the county of Middlesex aforesaid, did, &c. [State without St Martin's le offence.] Grand. (c) [*2]

Essex, (to wit.) The jurors for our lord the king upon their Com. 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 indictment 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 aforesaid, &c. [State offence.]

mence.

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The like

Essex, (to wit.) The jurors for our lord the king upon their with an oath present, that John Richardson, late of the parish of in alias dictus of sur

the county of Essex, labourer, otherwise called John Baldwin, name. (8) on, &c.

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Essex, (to wit.) The jurors for our lord the king upon their The like with an oath present, that C. D. late of the parish of

in the county alias addi. * of Essex, gentleman, otherwise called C. D. late of the same tion of de gree. (k) place, esquire, on, &c.

[*3] The like a.

Essex, (to wit.) The jurors for our lord the king upon their gainst a fe. oath present, that E. D. wife of C. D. Jate of the parish of me covert indicted in the county of Essex, yeoman, on, &c. separately.

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

120°. (1) Cro. C. C. 8 Ed. 45.

(h) Fost. 5. (c) It is usual and better to state (i) Ante 1 vol.210*. 2 Hale, 176, 7. defendant's addition of county where Cro. C. C. 8 Ed. 35. Bac. Ab. Mis. he resides, see reason, ante 1 vol. nosmer, B. 4. Cro. Eliz. 198. 750. 210*.

2 Inst, 669. Hawk. b. 2. c. 23. s. (f) This is the present style. 124. (8) The addition should always be

· Essex, (to wit.) The jurors for our lord the king upon their The like

against se. oath present, that C. D. late of the parish of

in the county veral de. of Essex, labourer, E. F. late of the same place, labourer, and fendants.

(k) G. H. late of the same place, sergemaker, on, &c.

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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

jurisdic. miralty of England, in and on board of a certain ship, called the tion. (1) 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,

ment of a at, &c. aforesaid, &c. [State the offence.]

second or

subsequent count. (m) [The grand inquest of the United States of America, inquir- (Coming for the Eastern District of Pennsylvania, upon their oatlis mencer

ment of an and solemn affirmations, do present, that A. B. late of the county indictof Montgomery, in the said District, yeoman, on the first day of ment in

the Circuit January, in the year of our Lord one thousand eight hundred and Court of

the United seventeen, at Montgomery county, in the said District, within the

Siaies for jurisdiction of this court, with force and arms did, &c. [State the the East

ern Dis. offence.]

trict of Pennsylvania.]

(k) In Hawk. b.2.c. 25. s. 76, it is Cro. L. 4 Ed. 388. 569. 3 Ed. 432. said to be safer to repeat the addi. 648. tion of place after the name of each (m) Cro, C. C. 8 Ed. 45. defendant, 1 Bulstr. 183. Bac. Ab. (n) When a second offence is al. Indictment, G. 2. but see Fost 5. ledged in the same indiciment it

(1) Cro. C. C. 8 Ed. 443. 447. 7 should be prefaced with a super Ed. 700.707. Starkie, 367. 1 Leach sacramentum suum ulterius præsen.

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