But if a person employ another to harbor or relieve the principal offender, he will be equally guilty, as an accessory after the fact, as if he did the harboring and relieving personally. (1) The accused must be proved to have known of the commission of the principal offence by the principal offender. This knowledge may be proved by the accused's own admissions, or it may be proved by evidence of circumstances from which the jury may fairly presume it. (2) (1) R. v. Jarvis. 2 M. & R. 40. (2) R. v. Beveridge, 3 P. Wms. 439. FORMS OF INDICTMENT UNDER TITLE VI. HEADING OF INDICTMENT. (1) In the (name of the Court in which the indictment is found.) The Jurors for our Lady the Queen present that (Where there are more counts than one, add at the beginning of each count): "The said Jurors further present that At the value of STATEMENTS OF OFFENCES. THEFT OF THINGS UNDER SEIZURE. on " At A., without lawful authority, did unlawfully take and carry away, one horse of the value of belonging to the said A., (or, "one B."), and then and there being under lawful seizure. OR. KILLING AN ANIMAL, WITH INTENT TO STEAL THE CARCASE, ETC. At on " A., unlawfully did kill one sheep, belonging to B., with intent to steal the carcase (or “a part of the carcase, to wit, the inward fat ") of the said sheep. FRAUDULENT CONVERSION BY A PERSON ENTRUSTED At on A., having theretofore received from B., the sum of one hundred dollars, on terms requiring him, the said A., to pay over the same to C., - did fraudulently convert to his own use and thereby steal the said sum of money. THEFT BY HOLDER OF A POWER OF ATTORNEY. At on A., having been theretofore entrusted, by B., with a power of attorney for the sale of a certain lot of (1) See, as to requisites of indictment, Article 608, et seq. land and the buildings thereon, to wit, (Describe the property), and having theretofore sold the said land and buildings, did, then and there, fraudulently convert the proceeds of the said sale, to wit, the sum of two thousand dollars, to a purpose other than that for which he was entrusted with the said power of attorney, by then and there applying and converting the said money to his own use. THEFT BY MISAPPROPRIATING MONEY HELD UNDER DIRECTION. on 1 At A., having theretofore received from B., the sum of one hundred dollars, with a direction from him the said B., to the said A., that the said money should be paid to C., did, then and there, in violation of good faith and contrary to the terms of the said direction, fraudulently and unlawfully convert to his own use and thereby steal the said sum of money. 9 A stole one car load of the property of a co-partnership composed RECEIVING PROPERTY STOLEN, OR OBTAINED BY ANY At on A did unlawfully receive and have one piano, belonging to B, and theretofore unlawfully stolen (or "obtained by an indictable offence, to wit, by false pretences," or [describe the offence by which the piano was obtained]), he the said A., then well knowing the said piano to have been so unlawfully stolen, (or “obtained by the said indictable offence.") OR. on At piano belonging to B present, that, afterwards, at on C, the said piano so stolen as aforesaid, unlawfully did receive and have, he, the said C., then well knowing the said piano to have been stolen. THEFT BY A CLERK OR SERVANT. A. unlawfully stole one And the jurors aforesaid do further At on A,, being then and there, a clerk, [or "employed for the purpose and in the capacity of a clerk "] to B., his master, (or " employer "), did unlawfully steal certain money, to the amount of one hundred dollars, certain goods, to wit, one gold watch and one gold chain, and a certain valuable security, to wit, one promissory note for the payment of twenty dollars, of and belonging to (or "in the possession of ") the said B., his master, (or "employer.") THEFT BY A BANK OFFICIAL. At, on A., being then and there a cashier (or "assistant cashier," or "manager" or "clerk " etc.,) of the Bank, (or "Savings Bank"), did unlawfully steal certain money to the amount of five thousand dollars, (or "bonds," or obligations," etc., [Describe them],) of and belonging to, (or “ lodged,” or deposited") in the said Bank, (or "Savings Bank."). 66 THEFT BY GOVERNMENT EMPLOYEE. on At A., being then and there employed in the service of Her Majesty, (or " the Government of Canada ", or or "the Munici "the Government of the Province of Ontario," or "Quebec pality of "), and being, then and there, by virtue of his said employment, in possession of certain moneys to the amount of ten thousand dollars, (or certain valuable securities, to wit," [Describe them]), did unlawfully steal the said monoys, (or “ the said valuable securities."). 66 GOVERNMENT EMPLOYEES REFUSING TO DELIVER UP BOOKS, ETC. on 14 At A, being then and there employed in the service of Her Majesty, (or the Government of Canada" or the Government of the Province of Ontario,” or “ Quebec ”, or “the Municipality of "), and being, then and there, entrusted, by virtue of his employment, with the keeping (or "receipt ", or " custody", or "management", or "control ") of certain monies, to the amount of ten thousand dollars, (or "certain chattels, to wit," [Describe them], or “ certain valuable securities, to wit," [Describe them], or " certain books, papers, accounts, and documents, to wit," [Describe them],), did unlawfully refuse or 'fail") to deliver up the same, to B., who was, then and there, duly authorized to demand them. " THEFT BY TENANT. At on A., being then and there a tenant, (or " lodger ") of or in a certain house (or “ lodging,”), to wit, (Describe the premises), did unlawfully steal a certain chattel, (or fixture"), to wit, (Describe the chattel or fixture), belonging to B., and let to be used by him the said A., in or with the said house, (or lodging ") 64 THEFT OF A WILL. At on A., did unlawfully steal a certain testamentary instrument, to wit, the last will and testament (or “a codicil to the last will and testament ") of B. THEFT OF A DOCUMENT OF TITLE. on " At A., unlawfully, did steal a certain document of title to goods, to wit, one bill of lading, [Describe the document and the goods to which it relates], (or "one dock warrant," or "warehouse keeper's receipt," etc), the property of B. OR. on At A., unlawfully did steal, a certain document of title to lands, to wit, one deed, (or map," or "paper etc.), containing evidence of the title, (or "a part of the title ") of B, to certain real property, to wit, [Describe the property], belonging to the said B. (or “in which the said B. has an interest.") THEFT OF JUDICIAL DOCUMENTS, ETC. on 17 At on A., unlawfully did steal, a certain record of and belonging to the Superior Court of Lower Canada for the District of Montreal in a certain cause [Describe the cause, matter or proceeding] then (or “theretofore"), depending in the said Court. OR. At , A., unlawfully did steal, a certain writ, (or "petition," etc.), forming part of a certain record of and belonging to the Superior Court of Lower Canada, for the District of Montreal, in a certain cause [Describe the cause, maller, or proceeding], then (or "theretofore") depending in the said Court. STEALING A POST-LETTER BAG. (1) on At one post-letter bag, the property of the Post-master General. STEALING A POST-LETTER FROM A POST-LETTER BAG, ETC. At on A., unlawfully did steal, one post-letter, the property of the Post-master General, from a post-letter bag, jor from a post-office or "from an officer employed in the post-office of Canada.") STEALING A POST-LETTER WITH MONEY IN IT. on At A., unlawfully did steal, one post-letter, the property of the Post-master General which post-letter contained a certain chattel, to wit, [Describe il] (or "certain money to the amount or" a certain valuable security, (2) to wit," [Describe it]). of STEALING MONEY, ETC., OUT OF A POST-LETTER. At on A, unlawfully did steal, a certain chattel, to wit, [Describe il], (or "certain money to the amount of or a certain valuable security, to wit?" [Describe it]) from and out of a post-letter, the property of the Post-master General. "" STEALING A POST LETTER ETC. (Art. 327.) At on one post-letter, the property of the Post-master General.' OR. At one horse the property of B. , A., unlawfully did steal, At on A, unlawfully did steal one parcel, the property of the Post master General, which parcel was then and there being sent by parcel post. OR. on At on A, unlawfully did steal a certain article, to wit, [describe il], contained in a parcel, the property of the Post master General, which parcel was then and there being sent by parcel post. STEALING CATTLE. STEALING OYSTERS. on At from a certain oyster-bed, called hundred oysters A, unlawfully did steal 1 DREDGING FOR OYSTERS. on , A, unlawfuliy did steal A, unlawfully did steal " the property of B., one " At A, within the limits of a certain oyster-bed, called the property of B., and sufficiently marked out and known as the property of the said B., unlawfully and wilfully did use a certain dredge (or "net," or "instrument," or "engine,") for the purpose of then and there taking oysters, (or " oyster-brood.") (1) For meaning of "post-letter bag," etc., see Art. 4, p. 7, ante. |