sufficient if they be alleged to the fact of the receipt. 2 East's P. C. 780. Where an indictment charged the prisoner by the name of Mistake as to Francis M. with receiving stolen goods, "he the said Thomas M. name-surknowing, &c." it was holden that the words "he the said Thomas plusage. M." might be rejected as surplusage. Morris's case, 1 Leach, 109. cit. 2 Russ. 259. The indictment having charged the principal with stealing a live sheep, and the accessary with receiving "20 pounds of mutton, part of the goods," &c. the conviction was holden to be proper, it being sufficient if the thing received be the same in fact as that which was stolen, though passing under a new denomination. R. v. Cowell and Green, 2 East, P. C. 617. 2 Russ. 259. Larceny of sheep, averment of receiving muttongood. averred. But the guilty knowledge, which is the gist of the offence, must Guilty knowbe correctly averred, as where an indictment against a receiver, ledge must be who was tried with the principal, stated that he knew the goods sufficiently to have stolen (omitting the word "been"), the judges thought the indictment bad; but, it is added, that they afterwards took time to consider. H. T. 1788. R. v. Kernon, MS. Bayley B. cit. 2. Russ. 259. In the case of John Thomas, the indictment was for receiving Principal ungoods stolen by persons unknown, which was objected to be in- known. sufficient, in not ascertaining the principal thief, and that it ought to appear to whom in particular the prisoner was accessary. This No objection. objection being referred to the judges, they were unanimously of opinion that the indictment was good; that the great view of the statutes was to reach the receivers where the principal thieves could not easily be discovered. Thomas's case, O. B. May 1766. 2 MS. Sum. 477. 2 East's P. C. 781. Where the principal, however, is known, it seems proper to state If known, must it according to the truth: and the common form of the indictment be stated. is to state the fact of stealing the goods by the principal, and the receipt of them by the receiver, he then and there well knowing the said goods and chattels to have been feloniously stolen, &c. It is sufficient in an indictment for felony against a receiver of Statement of stolen goods, to state that the principal was "tried and duly conviction sufficonvicted," without going on to show what judgment was passed cient. upon him, or how he was delivered. Hyman's case, 2 Leach, 925. In an indictment for a misdemeanor against a receiver of stolen goods, an averment that the principal has not been convicted, is unnecessary. R. v. Baxter, 5 T. R. 83. N.B. This is now made a felony. - See antè. By 2 G. 3. c. 28. § 12. every person who shall buy or receive any part of the cargo, or any goods, stores, or things of or belonging to any ship or vessel in the Thames, knowing the same to be stolen or unlawfully come by; or shall privately buy or receive any such goods, &c. or any part thereof, by suffering any door, window, or shutter to be left open or unfastened between sun-setting and sun-rising for that purpose; or shall buy or receive the same at any time in any clandestine manner from any person whomsoever, shall, being thereof convicted by due course of law, though the principal felon or offender has not been convicted of stealing or unlawfully procuring the same, be transported for 14 years to any of the colonies in America, according to the laws in force for the transportation of felons. VOL. III. 2 G. 3. c. 28. Receivers of part of a cargo of a ship. Held felony. Aliter 39 & 40 Such receivers stanter. Principal a witness. In the case of Rex v. Wyer, 2 T. R. 77. the court of K. B. were of opinion that the prisoner might be prosecuted as for a felony for an offence under this section of the act; and they refused to bail him. But the legislature seems to have considered it only as a misdemeanor; for by the statute 39 & 40 G. 3. c. 87. § 22. (after reciting that by the last-mentioned act, 2 G. 3. c. 28. persons guilty of certain offences are punishable by transportation for 14 years, but the said offences not being by the said act declared to be felony, the trial thereof may in all cases be put off, by means of a traverse, to the next sessions, after the finding of the bill of indictment for the same, and the offender be in the mean time liberated, on being admitted to bail,) it is enacted, that in such cases the person so indicted shall plead to the same indictment without having time to traverse the same, as is usual in cases of misdemeanors. It is now agreed that the principal, though not convicted or pardoned, may be examined as a witness against the receiver. In Patram's case, and in Haslam's case, which were prosecutions for the misdemeanor on stat. 22 G. 3. c. 58., the principal felons, though not convicted, were admitted as witnesses on the part of the crown. The same was done in Jonathan Wild's case, on a prosecution on stat. 4 G. 1. c. 11. for taking a reward to help to stolen goods. 2 East's P. C. 782, 783. Patram's case, Bridgewater Sum. Ass. cor. Grose J. 1787. Haslam's case, O. B. 1786, 2 Leach, 418. Indictment against an Accessary before the Fact, taken from Middlesex. THE jurors present, for the lord the king upon their Turner, one mortal wound of the breadth of half an inch, and depth of five inches, of which mortal wound the aforesaid John Turner at London aforesaid, in the parish and ward aforesaid, instantly died; And that James Irweng feloniously and of his forethought malice then and there was present, aiding, assisting, abetting, comforting, and maintaining the aforesaid Robert Carliel to do and commit the felony and murder aforesaid, in form aforesaid, and so the aforesaid Robert Carliel and James Irweng the aforesaid John Turner, at London aforesaid, in the parish and ward aforesaid, in manner and form aforesaid, feloniously, voluntarily, and of their forethought malice killed and murdered, against the peace of the lord the now king, his crown and dignity; And that one Robert Creighton, late of the parish of St. Margaret in the county of Westminster, esquire, not having God before his eyes, but being seduced by the instigation of the devil, before the felony and murder aforesaid, by the aforesaid Robert Carliel and James Irweng in manner and form aforesaid done and committed, that is to say, on the tenth day of May in the 10th year of the reign of our lord James, by the grace of God, of England, France, and Ireland king, defender of the faith, and of Scotland, the forty-fifth, the aforesaid Robert Carliel at the aforesaid parish of St. Margaret in Westminster aforesaid, in the county of Middlesex aforesaid, to do and commit the felony and murder aforesaid, in manner and form aforesaid, maliciously, feloniously, voluntarily, and of his forethought malice did stir up, move, abet, counsel, and procure, against the peace of the said lord the king that now is, his crown and dignity, &c. If after the Fact, then the form may be thus: And that A. O. late of in the in the county of -at -yeoman, well knowing the said (offender) to have done and committed the said felony in manner and form aforesaid, afterwards, to wit, on the day of year of the reign of aforesaid in the county aforesaid, with force and arms, him did then and there feloniously, and of his malice forethought, receive, aid, and comfort; against the peace of the said lord the king that now is, his crown and dignity. the said Indictment against an Accessary for receiving Goods, knowing them to have been stolen, in one County, the Principal having been indicted and convicted in another. in the year Middlesex. THE jurors for our lord the king upon their oath present that at the delivery of the gaol of our lord the king of his county of Dorset, holden at Dorchester in and for the said county of Dorset, on the day of of the reign of our sovereign lord George the fourth, king of Great Britain, before sir Charles Abbott knight, lord chief justice of our lord the king assigned to hold pleas in the court of our lord the king, before the king himself, and sir John Bayley knight, one other of the justices of our said lord the king, assigned to hold pleas in the court of our said lord the king, before the king himself, then justices of our said lord the king, assigned to deliver the said day of in the gaol of the prisoners therein being; X. Y. late of the parish of in the said county of Dorset, labourer, was convicted in due form of law, for that the said X. Y. on the said -year of the reign of our said lord the king, with force and arms, at the parish aforesaid, in the county aforesaid, ten yards of broad cloth of the value of thirty shillings, of the goods and chattels of one M. N. then and there being found, feloniously did steal, take and carry away, against the peace of our said lord the king, his crown and dignity, as by the record thereof remaining filed in the said court of gaol delivery may more fully and at large appear. And the jurors aforesaid upon their oath aforesaid do further present that A. O. late of the parish of- in the county of Middlesex, labourer, afterwards, to wit, on the said day of year aforesaid, with force and arms, at the said parish of in the county of Middlesex aforesaid, the goods and chattels aforesaid, so as aforesaid feloniously stolen, taken and carried away, feloniously did receive and have (he the said A. O. then and there well knowing the aforesaid goods and chattels to have been feloniously stolen, taken and carried away) against the form of the statute in that case made and provided, and against the peace of our said lord the king, his crown and dignity. to wit. in the Information against an Accessary before the Fact. Staffordshire,THE information and complaint of A. B. of the parish of in the said county, gentleman, taken upon oath before me J. P. esq., one of his majesty's justices of the peace in and for the said county, this in the year of our Lord one thousand eight hundred of and the day day of last, in the said in the night of the same Who saith that on his dwelling-house, situate in the parish of county, was, about the hour of day, broken and entered by some person or persons [or, as the case may be], and that [describe the property stolen] the property of him the said A. B. [or, of C. D. as the case may be] was [or, were] then and there feloniously stolen, and that he hath just cause to suspect, and doth suspect that E. F. late of - aforesaid, labourer, did commit the said felony [or, as the case may be], and that G. H. late of· aforesaid, labourer, did counsel, hire, procure, or command the said E. F. to commit the said felony [or, as the case may be]. And thereupon he the said A. B. prayeth that justice may be done in the premises. Sworn before me, J. P. Warrant to apprehend thereupon. To the constable of the parish of A. B. in the county of Stafford, and to all other constables and peace officers within the said county. Staffordshire, to wit. in WHEREAS A. B. of the parish of. the said county of Stafford, gentleman, hath this day made oath before me J. P. esq., one of his majesty's justices of the peace in and for the said county, that his dwelling-house, situate in the parish of - in the said county, was, about the hour of in the night of the same day, broken and entered by some person or persons [or, as the case may be], and that [describe the property stolen] the property of him the said A. B. Lor, of C. D. as the case may be] was [or, were] then and there feloniously stolen, and that he hath just cause to suspect and doth suspect, that E. F. late of · aforesaid, labourer, did commit the said felony [or, as the case may be], and that G. H. late of aforesaid, labourer, did counsel, hire, procure, or command the said E. F. to commit the said felony [or, as the case may be]. These are therefore, in his majesty's name, to charge and command you forthwith to apprehend and bring before me the said E. F. and G. H. to answer the said complaint, and to be further dealt with according to law. Given under my hand and seal, this day of one thousand eight hundred and Commitment thereupon. J. P. (L. S.) To the keeper of his Majesty's gaol at Stafford, for the county of Stafford, or his deputy. Staffordshire, to RECEIVE the and G. H. herewith sent you, brought before me J. P. esq., one of his majesty's justices of the peace in and for the said county, by A. C. constable of the parish of the in the said county, the said E. F. being charged upon the oath of A. B. with having on day of last, feloniously and burglariously broken and entered his dwelling-house, situate in the parish of- in the said county, [or, as the case may be], and feloniously stolen, taken, and carried away [describe the property stolen] the property of the said A. B. [or, C. D. as the case may be], and the said G. H. being also charged upon the oath of the said A. B. with having counselled, hired, procured or commanded the said E. F. to commit the said felony and burglary [or, as the case may be], and them safely keep in your custody until they shall be discharged by due course of law. Given under my hand and seal in the said county, this day ofone thousand eight hundred and· J. P. (L. S.) at |