For a riot intrusion our said lord the king, and being so assembled and gathered together, did then and there with force and arms, unlawfully, riotously, routously and tumultuously, make and raise, and cause and procure to be made and raised, another very great noise, rout, tumult, riot and disturbance, to the manifest disturbance, &c. [us in fourth count, and conclude information us ante 6.] That A. B. late of, &c. and C. D. late of, &c. together with and forcible divers other wicked and evil disposed persons, to the jurors where com- aforesaid as yet unknown, being rioters, routers, disturbers and missioners of affrayers, on, &c. with force and arms, at, &c. unlawfully, riottaxes were ously and routously did assemble, &c. and then and there unsitting, and lawfully, &c. did break and enter the dwelling house of one assaulting one of them. G. H. there situate, in which said dwelling house the commissioners of the land and assessed taxes were then and there sitting, for the hearing and determining of appeals against the said taxes, within the hundred of, &c. in the county of, &c, and in due execution of their office and duty as such commissioners, and then and there unlawfully, &c. staid and continued in the said dwelling house, making a great noise, tumult, &c. therein for a long space of time, to wit, &c. then next following, and thereby for and during all that time, there greatly disturbed and disquieted the said commissioners, and obstructed [*215] and hindered them* in the due execution of their office and duty as such commissioners, and then and there unlawfully, &c. intruded themselves, and came within a certain room in the said dwelling house, wherein the said commissioners then were, and made a great noise, tumult, &c. therein, and then and there unlawfully, &c. did make an assault on, &c. one of the said commissioners, in the peace of God, and our said lord the king, then and there being in the said room, and him, the said, &c. then and there unlawfully did beat, bruise, and illtreat, so that his life was thereby then and there greatly despaired of, and other wrongs, then and there unlawfully, &c. did in contempt, &c. to the evil, &c. and against the peace, &c. [Second count, stating breaking open the door and assaulting another commissioner. Third count, for the forcible entry and riot. Fourth count, for the assault upon the two commissioners.] For felony, in returning FOR RETURNING, &c. FROM TRANSPORTATION. That at the general session of the delivery of the gaol of our lord the king, of Newgate, holden for the county of Middlesex, at Justice Hall, in the Old Bailey, in the suburbs of the on 16 Geo. city of London, on, &c. before, &c. and others their fellows, from transportation, justices of our said lord* the king, assigned to deliver the gaol [*216] of our said lord the king, of Newgate, of the prisoners therein II. c. 15. s. being; E. L. late of, &c. according to due course of law was 1: (g) tried, for that, &c. (here set out the former indictment,) and thereupon, by a certain jury of the country, between our said lord the king, and the said E. L. in that behalf, then and there, to wit, on, &c. aforesaid, at, and in the court of the said session, so holden as aforesaid, duly taken, he the said E. L. was duly convicted of the said felony, upon the indictment aforesaid, and thereupon the aforesaid E. L. by the abovenamed justices of our said lord the king, assigned to deliver his gaol of Newgate aforesaid, of the prisoners therein being, was ordered to be "transported beyond the seas for and during the term of seven years," as by the record thereof more fully appears; and that the said E. L. afterwards, to wit, on, &c. with force and arms, feloniously, and without any lawful cause whatsoever, was at large, within this kingdom of Great Britain, to wit, at, &c. before the expiration of the term of se (g) See other precedents, Cro. C. A. 411. Cro. C. C. 8th Ed. 464, 5. Stark. 618 to 623.-The offence. See ante 1st vol. Index Transportation. The 16 Geo. II. c. 15. s. 1. enacts, that "if any felon or other offender ordered for transportation, or who hath agreed to transport himself on certain conditions to any of his majesty's colonies and plantations in America, either for life or any number of years, shall be afterwards at large within any part of the kingdom of Great Britain, without some law ful cause, before the expiration of the term of transportation, he shall suffer death without benefit of clergy." And the 19 Geo. III. c. 74. s. 2. extends these provisions to other places of transportation. For the various regulations respecting transportation, see at large 1 vol. ch. on Punishments-Indictment. The venue may be laid either in the county where the party was apprehended or that in which he was ordered to be transported, 6 Geo. I. c. 23. s. 7.-Evidence. The certificate of the conviction and order, &c. by the clerk of assize, will be sufficient proof that the prisoner has been convicted and ordered for transportation, 6 Geo. I. c. 23. s. 7. The act directs that the certificate shall " briefly and in a few words contain the effect, and tenor," &c. which shows that it is not necessary to set out the whole record of conviction in an indictment, Cro. C. Crim. Law. C. 8 Ed. 466. in notis.-Defence. If VOL. II. 2 C Against a felon, under transporta quarter ses sions, on 16 Geo. II. c. 15. s. 1. (h) [*217] ven years, for which he the said E. L. was so ordered to be transported as aforesaid, against the form of the statute, &c. and against the peace, &c. [Commencement, as ante 2.] That at the general quarter session of the peace of our lord the king, holden at Lancaster, sentence of in and for the county palatine of Lancaster, on, &c. before E. F. tion, for be- and G. H. esquires, and others their companions, then and ing at large there present, justices of our said lord the king assigned to before the keep the peace of our said lord the king, in and for the county expiration of the term af aforesaid, and also to hear and determine divers felonies, trester a convic-passes and other misdemeanours in the same county perpetion at the trated, that same general quarter session of the peace of our said lord the king was adjourned by the aforesaid justices of our said lord the king in that court being, until, &c. to wit, at, &c. in and for the same county, to do further, as the court there should consider. And on the said, &c. at the same general* quarter session of the peace of our said lord the king, holden by the said adjournment at Preston aforesaid, in and for the said county, before J. P. &c. and others their companions, then and there present, justices of our said lord the king, &c. that same general quarter session of the peace of our said lord the king, holden by adjournment as aforesaid, was further adjourned by the same last-mentioned justices of our said lord the king, in that court being, until, &c. to be holden at W. in and for the said county, to do further as the court there should consider, and on the said, &c. the same sessions of the peace of our said lord the king, was holden by the adjournment last aforesaid, at W. aforesaid, in and for the said county, before R. G. &c. esquires, and other their companions, then and there present, justices, &c. at which said session of the peace of our said lord the king, holden by the said last mentioned adjournment at W. aforesaid, in and for the said county, on the said, &c. upon the oaths of A. B. &c. [the names of the grand jurors] gentlemen, good and lawful men of the county of L. aforesaid, then and there sworn and charged to inquire for our said lord the king, and for the body of the said county, it was presented, that one W. W. late of, &c. on, &c. [here set out the indictment for simple larceny,] whereupon the sheriff of the said county was commanded to apprehend and take the body of the said W. W. and thereupon at the same general quarter session of the peace, holden by the said last mentioned adjournment, at W. aforesaid, in the county aforesaid, the said, &c. before the said justices of our said lord the king, last above named, came the said W. W. in the custody of the governor of the house of correction, in P. aforesaid, (into whose custody, in the same prison, he the said W. W. had been before committed,) and having had hearing of the indictment (h) On this indictment the prisoner was convicted, Starkie, 621. note (a)., aforesaid, was instantly asked to speak to the said court, how he would acquit himself of the premises aforesaid, in the indictment aforesaid, so charged and imposed on him, who said that he was guilty of the felony aforesaid, in the indictment aforesaid, on him so charged and imposed, as by the form of the said indictment was charged and supposed to be, and upon that it was required by the court there of the said W. W. if he had any thing to say for himself, why the court there ought not to proceed to judgment concerning him, upon the said indictment, who said nothing, besides what at first he had said, whereupon all and singular the premises being seen and understood by the court there, it was considered, and adjudged by the court there, that the said W. W. should be sent and transported to some parts beyond the seas, for the space of seven years, pursuant to the statute in that case made and provided, as by the record thereof more fully appears, and the jurors aforesaid,* now here sworn, do further present that [*218] the said W. W. afterwards, to wit, on, &c. with force and arms, feloniously, and without any lawful excuse, was at large within this kingdom of Great Britain, to wit, at, &c. before the expiration of the said space of seven years, for which he the said W. W. was so adjudged to be transported as aforesaid, against the form of the statute, &c. and against the peace, &c. [As in the precedent, ante 215, 6. until the statement of con- For being at viction, and then proceed as follows.] And that in, and at the large after same court of session and gaol delivery, he the said J. K. re- death, received judgment to die, according to due form of law; never- spite, and theless, execution of the said judgment for certain reasons order of thereunto moving the said justices, was respited until his ma- tion, on stajesty's pleasure, with respect thereto, should be known, and that tute 16 Geo. in pursuance of his said majesty's pleasure, signified under the II. c. 15. () hand of one of his principal secretaries of state, the said J. K. was afterwards, to wit, at the court of session and gaol delivery of our said lord the king, holden for the said county of Chester, at the castle of Chester, aforesaid, in the same county, upon, &c. before, &c. ordered by the same justices to be transported, as soon as conveniently might be, to some of his majesty's colonies or plantations in America, in parts beyond the seas, for the term of fourteen years, according to the form of the statute in such case made and provided, as by the record thereof more fully appears. And the jurors, &c. [Conclude as in the precedent, ante 216.] (i) See precedent, Cro. C. C. 8 Ed. 464. and the notes, ante 215; 6. sentence of transporta money to TAKING MONEY TO RETURN STOLEN GOODS. For felony, That on, &c. at, &c. one gold watch, with a gold chain of in receiving the value of seventeen pounds, of the goods and chattels of one help a per- J. L. (by a certain felon, to the jurors aforesaid as yet unson to goods known,) from the person of him the said J. L. privily, secretly, [219] and without the knowledge of him the said J. L. (/) with force stolen pri- and arms, was then and there feloniously stolen, taken, and vily from the carried away. And the jurors aforesaid, upon their oath aforeGeo. I. c. 11. said, do further present, that R. D. late of, &c. labourer, afters. 4. (k) person, on 4 The like in another form. (m) wards, to wit, on, &c. at, &c. aforesaid, (notwithstanding he the said R. D. did not then and there apprehend and cause to be apprehended the said felon who stole the said watch and chain as aforesaid, and cause the said felon to be brought to his trial for the same, and give evidence against him,) under pretence and upon account of helping the said J. L. to his said watch and chain, so feloniously stolen as aforesaid, did then and there, with force and arms, wilfully, unlawfully, and feloniously take money of and from the said J. L. that is to say, the sum of seven pounds of the lawful money of Great Britain, and did then and there deliver the same watch and chain, so as aforesaid feloniously stolen, to him the said J. L. against the form of the statute, &c. to the evil example, &c. and against the peace, &c. [Commencement as ante 2.] That C. K. a repeating watch, the goods of S. P. privately, from the person of W. L. felo (k) See other Precedents. Cro. C. C. 8th Ed. 460. 1 Leach, 18. Stark. 461.-Offence, See 4 Bla. C. 132. It is enacted by 4 Geo. I. c. 11. s. 4. "that wherever any person taketh money or reward, directly or indirectly, under pretence or upon account of helping any person or persons to any stolen goods or chattels, every such person so taking money or reward as aforesaid (unless such person doth apprehend or cause to be apprehended such felon who stole the same, and cause such felon to be brought to his trial and give evidence against him) shall be guilty of felony and suffer the pains and penalties of felony, according to the nature of the felony committed in stealing such goods, and in such and the same manner as if such offender had himself stole such goods and chattels, in the manner and with such circumstances as the same were stolen. Under this act it seems to have been doubted whether the offender can be punished in case the original felon has by death or other means es caped conviction, 1 Leach, 15; but such a construction appears wholly contrary to the intent of the statute, 2 East, P. C. 770, 1. And the party may be convicted on the evidence of the principal felon, 1 Leach, 18. 2 East, P. C. 770. 1 Leach, 418.-Indictment. It is proper to aver that the defendant had not apprehended or caused to be apprehended the principal, &c. as that reservation is contained in the enacting clause and constitutes part of the description of the offence, 2 East, P. C. 771. the original felony must be described according to the facts of each case, see the precedents above referred to.-Rewards. By 6 Geo. I. c. 23. s. 9. a reward of 401. is conferred on a party apprehending and prosecuting to conviction one of this description of offenders, Cro. C. C. 8th Ed. 10. (1) The description of the former offence varies according to the facts, see another form, Starkie, 461. (m) See 1 Leach, 18. see notes ante 218. n. k. l. |