party indicted should be inserted in the indictment, although any defects in this respect will not now vitiate an indictment. After the addition, it was usual to state the time when the offence was committed; but now the omission of the statement of time at which the offence was committed, in any case where time is not of the essence of the offence (as in the case of burglary), is immaterial.

The next is the description of the offence, and this ought to be set forth plainly and with certainty, so as not to clog the record, as Mr. Justice Buller observes, with unnecessary matter. The indictment should charge a man with a particular specified offence, and not with being an offender in general. Thus it would not do to charge a man with being a common thief or a common conspirator, or with any other such indistinct accusation; for, if this were allowed, no man could frame a defence to an accusation so vague and general. There are still, however, certain technical terms used in the description of the offence, as the word "knowingly," in receiving stolen goods, &c.; the word "traitorously," in treason; the word "burglariously," in burglary. In the crime of murder, the words "malice aforethought;" so in rape, the words "feloniously ravished" and "carnally knew” are necessary. A formal conclusion against the form of the statute in such case made and provided, and against the peace of our sovereign lady the Queen, her crown, and dignity, such as was formerly necessary, will not now, by its omission invalidate an indictment.

In cases of felony it is not usual to charge more than one distinct offence, except in instances of embezzlement and larceny, in one indictment. In these excepted cases such power is given by statute, under certain conditions. There is not, however, in point of law, any objection to the insertion of several distinct felonies of the same degree, though committed at different times. An indictment containing a count for felony and a count for a misdemeanor would be bad for misjoinder. All formal objections for defects on the face of the indictment must now be taken by demurrer or motion, to quash such indictment before the jury shall be sworn, and not afterwards, and the court may amend such defects. We shall now proceed to give a few forms of indictments as simplified by the present state of the law :

For Murder.

Yorkshire) The jurors for our lady the Queen, upon to wit. their oath, present, that I. S., on the 1st day of May, in the year of our Lord 1852, feloniously, wilfully, and of his malice aforethought did kill and murder C. D.

For Manslaughter.

Yorkshire) The jurors for our lady the Queen, upon to wit. their oath, present, that A. B., on the 1st day of October, in the year of our Lord 1852, feloniously did kill and slay C. D.

For Rape.

Yorkshire) The jurors for our lady the Queen, upon their oath, present, that A. B., on the

to wit.

1st of October, in the year of our Lord 1852, violently and feloniously did make an assault in and upon one C. D., and then violently and against her will feloniously did ravish and carnally know the said C. D., against the form of the statute in such case made and provided.

For Forgery and Uttering.

Yorkshire) The jurors for our lady the Queen, upon to wit. their oath, present, that A. B., on the 1st day of October, in the year of our Lord 1852, feloniously did forge a certain will, purporting to be the last will of one George Smith, with intent to defraud, against the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B., on the day and year aforesaid, feloniously did offer, utter, dispose of, and put off a certain forged will, purporting to be the last will of one George Smith, with intent to defraud him the said A. B., at the time he so offered, uttered, disposed of, and put off the same forged will as aforesaid, then well knowing the same to be forged, against the form of the statute in such case made and provided.

to wit.

For Housebreaking.

Yorkshire) The jurors for our lady the Queen, upon their oath, present, that A. B., on the 1st day of October, in the year of our Lord 1852, at the parish of Keyingham, in the county of York, feloniously did break and enter the dwelling

house of T. J. O., there situate, and then and there, in the said dwelling-house, feloniously did steal, take, and carry away two coats of the value of £5, of the goods and chattels of T. J. O., against the form of the statute in such case made and provided.

For Receiving Stolen Goods.

Yorkshire) The jurors for our lady the Queen, upon to wit. their oath, present, that A. B., on the 1st day of October, in the year of our Lord 1852, feloniously did receive one horse, of the goods and chattels of C. D., before then feloniously taken, stolen, and driven away; he, the said A. B., at the time when he so received the said horse then well knowing the same to have been feloniously taken, stolen, and driven away, against the form of the statute in such case made and provided.

For Embezzlement as Clerk.

Yorkshire) The jurors for our lady the Queen, upon to wit. their oath, present, that A. B., on the 1st day of October, in the year of our Lord 1852, being then clerk to C. D., did, by virtue of his said employment, and whilst he was so employed as aforesaid, receive and take into his possession certain money to a large amount, to wit, to the amount of £50, for the said C. D. his master, and then fraudulently and feloniously did embezzle the same; and so the jurors aforesaid, upon their oath, do say, that the said A. B., then, in

manner and form aforesaid, feloniously did steal, take, and carry away the said money, the property of the said C. D. his master, from the said C. D. his master, against the form of the statute in such case made and provided.

It will be seen, from the foregoing forms, that an indictment now is nothing more than a simple and intelligible statement of the offence charged against the prisoner.

CHAPTER IX.

OF THE GRAND JURY, AND THE PRESENTMENT AND FINDING OF THE BILL.

It will now be necessary to say something of the Grand Jury, and the mode and manner of presenting and finding the bill, since in the last chapter we considered the structure of the indictment itself. That which is presented to the Grand Jury is technically called a bill, and when found an indictment. The bill is presented to the Grand Jury of the county in which the offence was committed. The Grand Jury must consist of twelve at least, and may contain any greater number, not exceeding twenty-three. Twelve at least of the jury must agree in finding a bill. All persons serving on this jury must be good and lawful men, liege subjects of the Queen, and not aliens. Outlaws, even in a civil action, persons