G. 4, c. 30, s. 8. Indictment, 2 Arch. P. A. 16. Evidence, Id. 17. River. See" Larceny," Robbery. See " Larceny." Assault with intent to rob; see 66 "" Malicious Injuries." Larceny." "" Malicious Injuries.” Roots. See Larceny," Sacrilege. See " Burglary." S. Sapling. See " Larceny," " Malicious Injuries." Sea bank. See " Malicious Injuries." Seal. See " Forgery." Seaman: seducing him or inciting him to mutiny, when in the King's service: felony, death. 37 G. 3, c. 70. Master of merchant ship, when abroad, forcing a seaman on shore, leaving him abroad, or refusing to bring him home: misdemeanor, imprisonment for such time as the Court shall award. 9 G. 4, c. 31, s. 30. Indictment and informa tion, 2 Arch. P. A. 184, 185. Evidence, Id. 185. Seamens' wills or powers of attorney. See "Personating." Second or subsequent felony: persons convicted of felony, afterwards committing another felony not punishable with death: transportation for life or not less than seven years, or imprisonment for not more than four years, and whipping. 7 & 8 G. 4, c. 28, s. 11. Indictment, 1 Arch. P. A. 265. Evidence, Id. Securities for money, stealing. See "Larceny." Sedition. See " Libel." Self-defence, homicide in. See " Murder." Sending a challenge. See "Challenge." Servants, larceny by. See "Larceny." Shaft of a mine. See Malicious Injuries." Sheep. See " Larceny," 66 Larceny,' ""Malicious Injuries." Shop, breaking and entering; see Larceny." Setting fire to; see "Burning." Sign manual. See" Forgery." Silk goods. See " Larceny," "Malicious Injuries." Smuggling: three or more persons, armed with fire arms or other offensive weapons, assembling, in order to be aiding in the illegal running of prohibited or uncustomed goods, or in rescuing such goods after seizure, or in rescuing or preventing the apprehension of persons for felonies under this act: felony, death. 3 & 4 W. 4, c. 53, s. 58. In Smuggling (continued.) dictment, 2 Arch. P. A. 428. Evidence, Id. 429. Three or more persons, so armed, aiding as aforesaid: felony, death. 3 & 4 W. 4, c. 53, s. 58. Indictment, 2 Arch. P. A. 429. Evidence, Id. 430. Being in company with four others, and found with goods liable to forfeiture by the revenue laws: felony, transportation for seven years. 3 & 4 W. 4, c. 53, s. 60. Indictment, 2 Arch. P. A. 434. Evidence, Id. Being in company with one other, with such goods, within five miles of the coast, &c., and being armed or disguised: felony, transportation for seven years. 3 & 4 W. 4, c. 53, s. 60. Indictment, 2 Arch. P. A. 435. Evidence, Id. Maliciously shooting at any vessel or boat belonging to the navy or revenue, within 100 leagues of the coast: felony, death. 3 & 4 W. 4, c. 53, s. 59. Indictment, 2 Arch. P. A. 431. Evidence, Id. Maliciously shooting at, maiming, or dangerously wounding an officer of the army, navy or marines, on full pay, employed in the prevention of smuggling, or any officer of customs or excise in the execution of his duty: felony, death. 3 & 4 W. 4, c. 53, s. 59. Indictments, 2 Arch. P. A. 432, 433. Evidence, Id. 432, 433. Assaulting or obstructing such officers in the execution of their duty: misdemeanor, transportation for seven years, or imprisonment and hard labour for not more than three years. 3 & 4 W. 4, c. 53, s. 61. Indictment, 2 Arch. P. A. 436. Evidence, Id. See also 2 Arch. P. A. 437-439. Sodomy: felony, death. 9 G. 4, c. 31, s. 15. Indictment, 2 Arch. P. A. 148. Evidence, Id. 149. Soldiers, seducing, from their allegiance. See " Mutiny." Soliciting a person to commit a crime. See" Inciting." Spring guns: setting a spring gun, man trap, or other engine calculated to destroy human life, with intent to inflict grievous bodily harm upon a trespasser: misdemeanor, 7 & 8 G. 4, c. 18, s. 1, and see 2, 4. Indictment, 1 Arch. P. A. 228. Evidence, Id. 229. Stabbing. See "Murder." Stable. See "Burning." Stack of corn, &c. See " Burning." Stamps, forging: felony, death, 55 G. 3, c. 184, s. 7. Knowingly having false dies, &c. resembling those used by the commissioners of stamps; or knowingly having vellum, &c. impressed with forged stamps; or using on parchment or paper stamps which have been cut from other parchment, &c.: felony, transportation for life or not less than seven years, or imprisonment for not more than four nor less than two years. 3 & 4 W. 4, c. 97, s. 12. Stealing Children. See "Child Stealing." Steam engine. See "Malicious Injuries." 39 66 Forgery, Stock, public. See "Agent," Straw. See "Burning.” Larceny." Subsequent felony. See" Second Felony." Suffocation. See" Murder." T. Tenants, larceny by. See " Larceny." Threats, obtaining money by. See "Larceny," tit. "Robbery.” Threatening verbally to accuse. See " Accusing." Training. See" Arms." Transportation, returning from, or convict being at large before the expiration of the term for which he was sentenced to be transported: felony, 5 G. 4, c. 84, s. 22, transportation for life, and imprisonment, with or without hard labour, for not more than four years, previously to transportation. 4& 5 W. 4, c. 67. Indictment, 1 Arch. P. A. 155. Evidence, Id. 156. See " Escape," "" Rescue." Treason, death, &c. Treason relating to the seals, sign manual, &c. See "Forgery." Trees. See "Larceny," "Malicious Injuries." U. Underwood. See "Larceny," Unlawful assembly. See "Assembly." Unlawful oaths. See " Oath." Uttering. See" Coin," "Forgery." V. Valuable securities. See "Larceny." Vegetables. See "Larceny," W. Wad. See "Larceny," tit. " Land.” Waggon way. See "Malicious Injuries," tit. "Mines." Warren. See" Larceny," tit. "Animals." Wharf, stealing from. See " Larceny." Will. See "Forgery," " Larceny." Woman. See "Abduction," " Abortion," " Concealing." Woodwork. See "Larceny." Woollen goods. See" Larceny," "" Malicious Injuries." Wounding. See "Assault," "Malicious Injuries,” “ Murder.” Wreck. See "Larceny," "Malicious Injuries." SECTION 3. Indictment, generally. An indictment is an accusation at the suit of the crown, found to be true by the oaths of a grand jury. 2 Hawk. c. 25. We shall notice the law relating to it, shortly, under three heads: the Commencement, the Body of the Indictment, and the Conclusion. The Commencement. The following is the form of the commencement of an indictment: Middlesex to wit: The jurors for our Lord the King upon their oath present, that ["J. S. late of the parish of B. in the county aforesaid, labourer," &c., stating the facts constituting the offence. The county or other place in the margin must be descriptive of the district within which the Court can exercise jurisdiction, and within which the offence was committed: as for instance, at the sessions for Middlesex, the venue in the margin must be "Middlesex;" at the sessions for the East Riding of the county of York, "East Riding of the county of York;" at the sessions for Hull, "Town of Kingston upon Hull and county of the same town;" and the like in other cases. But for felonies or misdemeanors committed on the boundary or boundaries of two or more counties, or within 500 yards of the boundary, or begun in one county and completed in another, the indictment may charge it to have been committed in either county. See 7 G. 4, c. 64, s. 12. This however extends only to a case where the trial is in a county, and not in a borough or other place of limited jurisdiction. R. v. Welsh, R. & M. 175. Also, where a felony or misdemeanor is committed on any person, or on or in respect of property, in or upon any coach, waggon, cart, or other carriage whatsoever employed in any journey, or on board any vessel in a voyage or journey on any navigable river or canal: the indictment may charge it to have been committed in any county through which the coach or vessel, &c. shall have passed in its journey or voyage. See 7 G. 4, c. 64, s. 13. As to prosecutions in an adjoining county, for offences committed in cities and towns corporate, see stat. 38 G. 3, c. 52; 51 G. 3, c. 100; 5 & 6 IV. 4, c. 76, s. 109; R. & Ry. 179, 481. And as to murder or manslaughter committed by a British subject abroad, see 9 G. 4, c. 31, s. 7; and 2 Arch. P. A. 86, n. And as to offences committed abroad by persons holding public_employments, see 42 G. 3, c. 85; 11 & 12 W. 3, c. 12; R. v. Shawe, 5 M. & S. 403. By stat. 7 G 4, c. 64, s. 20, no judgment upon an indictment for any felony or misdemeanor, whether after verdict or outlawry, or by confession, default, or otherwise, shall be stayed or reversed "for want of a proper or perfect venue, where the Court shall appear by the indictment to have jurisdiction over the offence." As to the caption of an indictment, see ante, p. 31. Body of the Indictment. Description of the Defendunt.] The person charged by the indictment, must be described by his Christian or first name, his surname, his addition of place or late residence, and his addition of degree or mystery: as for instance, "John William Smith, late of the parish of the Holy Trinity, in the county aforesaid, labourer; James Perry, late of the same place, gentleman; Ann the wife of George Jones, of the same place, yeoman; Jane Golding of the same place single woman," and the like. Whether the description be a correct one, is now immaterial; for by stat. 7 Geo. 4, c. 64, s. 19, if any objection be made to the indictment on that ground," the Court shall forthwith cause the indictment to be amended according to the truth, and shall call upon the party to plead thereto." In indictments against a parish or township for the non-repair of a highway, 2Hawk. c. 25, s. 68, or the inhabitants of a county for not repairing a bridge, the indictment may be against the inhabitants of the parish, township, or county generally, without naming any individual. But when it is necessary to describe the party charged, in any particular way, to bring him within the purview of any statute on which the indictment is framed, such statute extending only to such persons as are specially mentioned in it: the indictment must so describe the party, as to bring him within the words and meaning of the statute, and the evidence must support the description. 2 Hawk. c. 25, s. 112. Description of the Indictor or Party injured &c.] The indictor or party injured, if known, must be described with certainty; 2 Hawk. c. 25, s. 71; if an individual, he must be described by his christian and surname; if a corporation, by their name of incorporation. But if the party be described by the name by which he is usually known, it will be sufficient; and therefore where the prosecutor was named in the indictment John Hancox, his real name being John Walter Hancox, but he was usually called and known by the name of John Hancox, Park, J. held it to be sufficient. R. v. Berriman, 5 Car. & P. 601. So, where the real name was Richard Jeremiah Pratt, but he was named in the indictment Richard Pratt, the name by which he was generally |