FORMS. ing with a pistol in the belly, of which the party immediately died. Another form for murder by shooting with a pistol, where the party did not die immediately. powder and [one] leaden bullet, which said pistol he the said C. D., in his [right] hand then and there had and held, then and there feloniously, wilfully, and of his malice aforethought, did discharge and shoot off, to, against, and upon the said A. B.; and that the said C. D., with the leaden bullet aforesaid, out of the pistol aforesaid, then and there by the force of the gunpowder aforesaid, by the said C. D. discharged and shot off as aforesaid, then and there feloniously, wilfully, and of his malice aforethought, did strike, penetrate, and wound the said A. B. in and upon the [right side of the belly of him the said A. B., near the right hip] of him the said A. B., giving to him the said A. B., then and there with the leaden bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid, by force of the gunpowder aforesaid, by the said C. D., in and upon the [right side of the belly of him the said A. B., near the said right hip] of him the said A. B., one mortal wound of the depth of [four inches] and of the breadth of [half an inch], of which said mortal wound he the said A. B. then and there instantly died. And so, &c. [Conclude as usual, ante, 259, form (No. 3).] (No. 5). Commencement as usual, ante, 259, form (No. 3), to the asterisk.]—And that he the said C. D., a certain pistol, of the value of [two] shillings, then and there being charged with gunpowder and a leaden bullet, which pistol he the said C. D. in his right hand then and there had and held, at, against, and upon him the said A. B. then and there feloniously, wilfully, and of his malice aforethought, did discharge and shoot off; and that he the said C. D. with the leaden bullet aforesaid, by force of the gunpowder aforesaid, out of the said pistol by him the said C. D. so as aforesaid discharged and shot off, him the said A. B., in and upon the [left side of the said A. B., a little under the lowest rib] of the said A. B., then and there feloniously, wilfully, and of his malice aforethought, did strike and wound, giving to the said A. B., then and there with the leaden bullet aforesaid, out of the said pistol so as aforesaid discharged and shot off, in and upon the [said left side, a little under the lowest rib] of the said A. B. one mortal wound of the breadth of [one inch], and depth of [four inches], of which said mortal wound the said A. B., on and from the said &c., until &c. at &c., aforesaid, did languish, and languishing did live, on which said &c., about the hour of nine o'clock in the morning, he the said A. B., at &c., aforesaid, of the mortal wound aforesaid, died. And so, &c. [Conclude as usual, ante, 259, form (No. 3).] Indictment for (No. 6). Commencement as usual, ante, 259, form (No. 3), to the asterisk.]-And that he the said C. D., with a certain knife, of the value of [sixpence], which he the said C. D. in his right hand then and there had and held, the said . B., in and upon the [left side of the belly, between the short ribs] of him the said A. B., then and there feloniously, wilfully, and of his malice aforethought, did strike and thrust, giving to the said A. B., then and there, with the knife aforesaid, in and upon the [aforesaid left side of the belly, between the short ribs] of him the said A. B., one mortal wound of the breadth of [three inches] and of the depth of [six inches], of which said mortal wound he the said A. B. then and there instantly died. And so, fc. [Conclude as usual, ante, 259, form (No. 3); or, if he languished, as supra, (No. 5).] (No. 7). Commencement as usual, ante, 259, form (No. 3), to the asterisk.]—And that the said C. D. with both his hands, him the said A. B., did then and there in and upon the head and left temple] of him the said A. B., feloniously, wilfully, and of his malice aforethought, strike and beat; and that the said C. D., by the striking and beating aforesaid, did then and there feloniously, wilfully, and of his malice aforethought, give unto him the said A. B. one mortal bruise in and upon the said [left temple] of him the said A. B., of the length of [two inches], and of the breadth of [two inches], of which said mortal bruise he the said A. B. then and there instantly died. And so, &c. [Conclude as usual, ante, 259, form (No. 3).] (No. 8). Commencement as usual, ante, 259, form (No. 3), to the asterisk.]—That C. D., murder by poison. late of &c., [labourer], not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, wickedly contriving and intending one A. B., with poison, wilfully, feloniously, and of his malice aforethought, to kill and murder, on &c., with force and arms, at &c., aforesaid, feloniously, wilfully, and of his malice aforethought, a large quantity of a certain deadly poison called [white arsenic, to wit, the quantity of [three drachms] of the said [white arsenic], did put, mix, and mingle into and with a certain quantity of gruel, which the said A. B. was then and there about to drink, (the said C. D. then and there well knowing that the said A. B. intended, and was then and there about to drink the said gruel, and the said C. D. then and there also well knowing the said [white arsenic], so as aforesaid by him put, mixed, and mingled into and with the said gruel, to be a deadly poison); and that the said A. B., afterwards, to wit, on &c., aforesaid, at &c., aforesaid, did take, drink, and swallow down a large quantity, to wit, a pint of the said gruel with which the said [white arsenic] was so mixed and mingled by the said C. D. as aforesaid, (he the said A. B. at the time he so took, drank, and swallowed down the said gruel, not knowing that there was any [white arsenic] mixed or mingled with the said gruel); by means whereof he the said A. B. then and there became sick and greatly distempered in his body; and the said A. B., of the poison aforesaid, so by him taken, drunk, and swallowed down as aforesaid, and of the sickness occasioned thereby, from the said day of &c., until the day of the same month, in the same year, at &c., aforesaid, did languish, &c. &c. [Conclude as usual, ante, 259, form (No. 3).] FORMS. (No. 9). Indictment for the murder of a bas tard child (a). THE jurors for our lord the King upon their oath present, that A. W., late of &c., single woman, on &c., being big with a certain [female] child, afterwards, to wit, on &c., aforesaid, at &c., aforesaid, the said [female] child alone and secretly from her body by the providence of God did bring forth alive, which said [female] child, so born alive, by the laws of this realm was a bastard; and that the said A. W. not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, afterwards, to wit, on &c., aforesaid, with force and arms, at &c., aforesaid, in and upon the said [female] bastard child, in the peace of God and our said lord the King then and there being, feloniously, wilfully, and of her malice aforethought, did make an assault; And that the said A. W. with both her hands, the said [female] bas- First count, by tard child in a certain linen cloth of the value of two-pence, feloniously, wilfully, and folding in a cloth. of her malice aforethought, did put, place, fold, and wrap up, by means of which said putting, placing, folding, and wrapping up of the said female bastard child in the said linen cloth by her the said A. W. as aforesaid, the said female bastard child was then and there choaked, suffocated, and smothered; of which said choaking, suffocation, and smothering, the said female bastard child then and there died; and so &c. [as ante, 259, form (No. 3).] And the jurors, &c. [state the delivery and assault as in first count.] And that the said A. W., with both her hands, the said female bastard child into a certain privy there situate, wherein was a great quantity of human excrements and other filth, then and there feloniously, wilfully, and of her malice aforethought, did cast and throw, by reason of which said casting and throwing of the said female bastard child into the said privy by her the said A. W. as aforesaid the said female bastard child in the said privy with the excrements and filth aforesaid was then and there choaked and suffocated, of which said choaking and suffocation the said female bastard child then and there died; And so &c. [Conclude as usual, ante, 259, form (No. 3).] (a) See 3 Chit. C. L. 766. Second count, for throwing a child into a privy, whereby it was smothered. Honduras, Trials for Murders at, see ante, 254. Hops. Destroying of Hop Binds, see Malicious Enjuries to Personal Property, Vol. III.; Setting fire to Hop Oasts, see Burning, Vol. I.; Duty, &c., on, and Adulterating, see Excise, Vol. II. VOL. III. T Stealing horses. Felony, death. Repeal of acts. Accessary. What constitutes the offence of stealing. Horses. As to Post Horse Duties, see title Post Horses, Vol. V.; as to Taxes on Horses, see title Taxes, Vol. V. As to Horse Racing, see title Horse Races, post, 275. I. Stealing of Horses, 262 to 264. II. Buying Stolen Horses, &c. 264 to 268. III. Killing or Maiming of, 268; see Cattle, Vol. I. V. Putting Stoned Horses on Commons, 274. I. Stealing of Horses. THE 7 & 8 Geo. IV. c. 29, s. 25 enacts, "That if any person shall steal any horse, mare, gelding, colt, or filly, or any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb, or shall wilfully kill any of such cattle, with intent to steal the carcase or skin, or any part of the cattle so killed, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon." See the general clauses affecting all the provisions of this act, title Larceny, Vol. III. The 7 & 8 Geo. IV. c. 27, repeals so much of the 37 Hen. VIII. c. 8, as relates to persons stealing any horse, gelding, mare, foal, or filly; and also so much of the 1 Ed. VI. c. 12, as relates to house-breaking, robbing, horse-stealing, and sacrilege, and to the allowance of the benefit of clergy in any case therein mentioned; and the same statute wholly repeals the 2 & 3 Ed. VI. c. 33, and so much of the 31 Eliz. c. 12, as enacts that all accessaries to horse-stealing shall be deprived of the benefit of clergy. Accessaries after the fact in horse-stealing are not therefore now punishable with death. As to what constitutes Larceny in general, see title Larceny, Vol. III. If a person stealing other property take a horse not with intent to steal it, but only to get off more conveniently with the other property, such taking of the horse is not a felony. R. v. Crump, 1 C. & P. 658. If a person go to an inn, and direct the ostler to bring out his horse, and point out the prosecutor's horse as his, and the ostler leads out the horse for the prisoner to mount, but, before the prisoner gets on the horse's back, the owner of the horse comes up and seizes him, the offence of horse-stealing is complete. R. v. Pitman, 2 C. § P. 423. Mr. Dickenson mentions the following extraordinary attempt to convert an open and forcible taking of a horse into a felonious taking, in a case which occurred at the Essex Summer Assizes, 1817. Israel Alexander and Thomas Davis were tried before Lord Ellenborough, C. J., for horse-stealing. The facts were these:-One Carter, a servant to the proprietors of the Cannon Brewery, rode on a horse borrowed by his employers as far as Stratford, in the road to Woodford, on business of the said proprietors. When he arrived opposite the King's Head Inn, at Stratford, the horse turned restive, and would go no further. Carter got off to lead him into the innyard, intending to pursue the short remainder of his journey on foot, when HORSES, the two prisoners opened the sash of a window in the inn, and called out, "What will you take for the restive horse?" Carter answered, He is not STEALING OF. worth more than 51. This, on the trial of the prisoners, he declared he only said in a passion, meaning to apply it to the restiveness of the animal, for he added "that the horse was a borrowed one, and not his to dispose of;" and that in fact it was worth at least 20l. He led it into the stable, and went himself into the house.-Alexander went into the yard, soon after returned, said he would have the horse, and tendered a note of 201. or 257. value to Carter, and asked him to return the difference: Carter in reply repeated, "that it was a borrowed horse, and that he had no authority to sell it, and what he had said about the value of him was merely a joke." Alexander repeatedly tendered the money, and afterwards took the horse away with him by force, went to another inn, and locked him up in the stable there. This all passed at mid-day in the open yard of the inn, in the presence of several persons. Carter pursued his journey on foot, and on his return demanded his horse, but could not obtain him. The jury were disposed to find the prisoner guilty of a fraud, but Lord Ellenborough, C. J., said, “The prisoners are indicted for horse-stealing, and they must either be found guilty of that specific offence, or wholly acquitted. Under the circumstances of the case, there is no pretence to say that this public and open taking of the horse was a stealing, which supposes something of privacy and secrecy. It is very material to justice, not to confound cause of action with felony; claim of civil redress with public crime. Even if they had been indicted for a fraud, I do not think the circumstances of the case would have supported the indictment; but there is no pretence to say that this wanton, and even forcible taking of the horse, can come under the denomination of horse-stealing." Uriah Pearles was indicted for stealing a bay gelding of the value of 23s. 6d. On the evidence, it appeared to be a worthless animal, turned upon a common, and, as the witnesses said, fit only for a dog-horse. Mr. Justice Foster recommended it to the jury to find the prisoner guilty to the value of 12d., which they did; and he was transported. Pearle's case, Bedford, 13th March, 1755; 2 East's P. C. 741. If horses be stolen out of the stable or other curtilage of the dwellinghouse in the night time, it falls under the denomination of Burglary; if in the day time, it falls under the denomination of Larceny from the House. See the respective titles of Burglary, Vol. I.; and Larceny, Vol. III. As to what constitutes the offence of killing horses and cattle, to steal the Offence of killing carcase, &c.; see title Larceny, Vol. III. to steal carcase, &c. Indictment for Indictment]—As to indictments for larceny in general, see title Larceny, Vol. III. The indictment should specify whether the horse was stealing. a "horse, mare, gelding, colt, or filly:" and stating the animal to be a horse, when in fact it was a mare, would not suffice to convict the defendant as for larceny under the above statute, though it might to convict him at common law. See R. v. Cooke, 2 East's P. C. 617; Leach, 123; 1 Camp. 212; R. v. Loom, R. & M. C. C. 160; Id. 247. The repealed statute 2 & 3 Ed. VI. contained only the words "horse, mare, or gelding," and upon an indictment on that statute for stealing a colt, not saying whether it was a horse or mare, the judges held it to be insufficient, as they could not take notice that it was of the horse species. R. v. Beany, R. & R. 416. But evidence of stealing a filly was held to support an indictment upon the same statute for stealing a mare, and that foals and fillies were included within the above-mentioned words of the statute. R. v. Welland, R. & R. 494. In the present statute it will be seen, that colts and fillies are specifically named. FORMS. Warrant to apprehend a horse stealer. County of to wit. -} To the constable of (No. 1). FORASMUCH as A. I., of in the county of [yeoman], hath this day made information and complaint upon oath before me J. P., esquire, one of his Majesty's justices of the peace for the said county, that in the [night of yesterday] a [black mare], the property of him the said A. I., was feloniously stolen, taken, and led away [from and out of the grounds of him the said A. I. at aforesaid]; and that he hath just cause to suspect, and doth suspect, that A, O., late of [labourer], did feloniously steal, take, and lead away the said [mare]: These are therefore to command you forthwith to apprehend him the said A. O., and bring him before me to answer to the said information and complaint, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal the day of in the year of our Lord (No. 2). Warrant to appre- County ofto wit. hend where the offence amounted to burglary. Commitment for horse stealing. Indictment for horse stealing. How horses to be sold in fairs or markets. } To the constable of FORASMUCH as A. I., of in the county of [yeoman], hath this day made information and complaint upon oath before me J. P. esquire, one of his Majesty's justices of the peace for the said county, that in the [night of yesterday] the stable of him the said A. I., adjoining to the dwelling house of him the said A. I., at aforesaid, was feloniously and burglariously broke open, and one [black mare], the property of him the said A. 1., feloniously and burglariously stolen, taken, and led away from thence; and that he hath just cause to suspect, and doth suspect, that A. O., late of in the county aforesaid, [labourer], the said felony and burglary did commit: These are therefore to command you forthwith to apprehend him the said A. O. and bring him before me to answer to the said information and complaint, and to be further dealt with according to law. Herein fail you not. Given under my hand and seal the in the year of our Lord Commencement as usual, ante, 259, form (No. 1).]-on &c., at &c., one horse [horse, mare, gelding, colt, or filly] of the goods and chattels of A. B. feloniously did steal, take, and lead away, against the form of the statute in such case made and provided. And you the said keeper, &c. [as usual, as ante, p. 259, to the end]. (No. 4). THE jurors for our lord the King upon their oath present, that C. D., late of &c., on &c., at &c., aforesaid, one gelding, [horse, mare, gelding, colt, or filly, according to the fact], of the price of six pounds, of the goods and chattels of one 4. B. then and there found and being, then and there feloniously did steal, take, and lead away, against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity. II. Buying Stolen Horses, &c. By the 2 & 3 Ph. & M. c. 7, intituled An act against the buying of Stolen Horses, reciting, Forasmuch as stolen horses, mares, and geldings, by thieves and their confederates, be for the most part sold, exchanged, given, or put away in houses, stables, back sides, and other secret and privy places of markets and fairs, and the toll also privily paid for the same, whereby the true owners thereof being not able to try the falsehood and covin betwixt the buyer and seller of such horse, mare, or gelding, is by the common law without remedy." Sect. 2 enacts, "That the owner, governor, ruler, fermor, steward, bailiff, or chief keeper of every fair and market overt within this realm and other the Queen's dominions, shall, before the feast of Easter next, and so yearly, |