joint felony in the county of A., and there divide the goods, and afterwards separately carry each his respective share into the county of B., can they be indicted for a joint felony in the latter county. R. v. Barnet et al. 2 Russ. 174.

16. In indictments for felonies or misdemeanors committed upon any person, or on, or in respect of any property, in or upon any coach, cart, or other carriage whatsoever employed in any journey, or on board any vessel whatsoever employed in any voyage or journey upon any navigable river, canal, or inland navigation, the venue may be laid in any county through which the coach, &c., or vessel shall have passed in the course of the journey or voyage during which the felony or misdemeanor was committed, in the same manner as if it had been actually committed therein; and where the side, bank, centre, or other part of the highway, river, &c., shall constitute the boundary of two counties, the venue may be laid in either of the counties, through, or adjoining to, or by, the boundary of any part whereof the coach, &c., or vessel shall have passed in the course of the journey or voyage. 7 G. 4, c. 64, s. 13.

17. In indictments for conspiracies, the venue may be laid in any county in which it can be proved that an act was done by any one of the conspirators in furtherance of their common design. See R. v. Briscoe, 4 East, 164. So, in indictments for compassing the King's death, or for any of the treasons in stat. 36 G. 3, c. 7, s. 1, (made perpetual by 57 G. 3, c. 6, s. 1), the venue may be laid in any county in which a sufficient overt act can be proved. R. v. Lord Preston, 4 St. Tr. 410, 455. R. v. Vane, Kel. 14, 15. See Fost. 9. In an indictment for sending a threatening letter, the venue may be laid either in the county where the prosecutor received it, R. v. Grimwood, 2 East, P. C. 1120, 1 Leach, 142. R. v. Esser, 2 East, P. C. 1125, or in the county from which the offender sent it. So, if a libel, R. v. Burdett, 4 B. & A. 95. R. v. Watson, 1 Campb. 215, or a letter containing a challenge, be sent from the county of A. to the county of B., the venue may be laid in either county. So, if an act done in one county prove a nuisance to another, in an indictment for it, the venue may be laid in either county, although it has been said to be more correct to lay it in the county in which the act was done. Staundf. b. 2, 91. In indictments for embezzlement, the venue should be laid in the county in which the embezzlement took place, if it be known; but if it be not known, the venue may be laid in the county where the money, &c., was received, or, perhaps more properly, in the county in which it should have been accounted for. Where a servant, who had received money for his master in the county of A., and, upon returning to his master in the county of B., denied having received it, the judges held, that his being indicted for the embezzlement in the county of B. was correct, for he could not be said to have embezzled the money un

til he refused to account for it. R. v. Taylor, 3 B. & P. 596, R. & R. 63. But where a servant received money for his master in the county of A. by his order, and on being afterwards asked in the county of B., whether he had received it, said he had not; and there was no evidence in which of the two counties the embezzlement actually took place, the judges held, that he was properly indicted for the embezzlement in the county of A. R. v. Hobson, R. & R. 56. See ante, p. 20, pl. 14.

18. Accessaries before the fact to felony, whether indicted with, or after the principal felon, or for a substantive felony, may be tried by any court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony, although committed on the high seas, or at any place on land within or without his Majesty's dominions; and if the offence of the accessary and of the principal felon be committed in different counties, the accessary may be indicted in either county. 7 G. 4, c. 64, s. 9. In the highest and lowest offences however, high treason and misdemeanor, all are principals, and must be indicted as such, that is, all persons who procure, incite, aid, abet, or assist in the commission of a misdemeanor, may be indicted as principals in the county in which the misdemeanor is committed (whether the procuring or inciting took place in that county or not), see R. v. Johnson, 7 East, 65, or in that in which the misdemeanor was begun by their procurement; see ante, p. 20, pl. 14; and, in high treason, the venue may be laid in any county in which a sufficient overt act can be proved. Ante, p. 21, pl. 17. If a person in one county procure an innocent agent to commit a felony in another county, he is in that case deemed a principal in the offence, and may be indicted for having actually committed it, the venue being laid either in the county in which it was committed, Fost. 349. see R. v. Briscoe, 4 East, 164, or in that in which it was begun by his procurement. Ante, p. 20, pl. 14. But if the person he had procured were privy to his criminal intent, and were himself amenable for the offence, then, if the offence were a felony, the party who procured it would be indictable as an accessary before the fact, if a misdemeanor, as a principal. Supra.

19. An accessary after the fact to a felony may be tried in the same manner as if the act constituting the accessary were committed at the same place as the principal felony, although the act may have been committed upon the high seas, or at any place on land within or without the king's dominions; and if the principal felony have been committed in one county, and the act constituting the accessary in another, the venue may be laid in either county. 7 & 8 G. 4, c. 64, s. 10.

20. Receivers of stolen property, whether indicted as accessaries after the fact, or for a substantive felony, or for a misdemeanor only, may be indicted in the county or place in which they

have or had the property in their possession, or in which the principal may by law be tried, in the same manner as they may be tried in the county in which the property was actually received. 7 & 8 G. 4, c. 29, s. 56. And if property stolen in one part of the united kingdom be received in another, the receiver may be indicted in that part of the united kingdom in which the property was received. 7 & 8 G. 4, c. 29, s. 76.

Where, by the indictment or information, the court appears to have jurisdiction over the offence, no objection can be taken by motion in arrest of judgment, or by writ of error, for the want of a proper or perfect venue. 7 G. 4, c. 64, s. 20.

Caption]-The caption is no part of the indictment, it is merely the style of the court where the indictment was preferred, which is prefixed as a kind of preamble to the indictment upon the record, when the record is made up, or when it is returned to a certiorari. The following is a form of the caption to an indictment in a court of quarter sessions:

day

"WESTMORLAND: At the general quarter sessions of the peace, holden at Appleby, in and for the county aforesaid, the of in the year of the reign of our sovereign lord William the Fourth, of the united kingdom of Great Britain and Ireland King, Defender of the Faith, before A. B. and C. D., Esquires, and other their associates, justices of our said lord the King, assigned to keep the peace of our said lord the King in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, in the said county committed, by the cath of" [the grand jurors, naming them, see R. v. Davis, 1 C. & P. 470] "good and lawful men of the county aforesaid, sworn and charged to inquire for our said lord the King, and for the body of the county aforesaid, it is presented," that J. S. late of Appleby, in the county aforesaid, labourer, &c., so continuing the indictment. See 2 Hale, 166. 3 Burn's J. by Chitty, 328. R. v. Fearnley, 1 Leach, 425. and see the forms, 4 Went. 41. 105. 139. 150. 174. 222. 6 Went. 1. 357. 373. Cr. Cir. Com. 327.

2. The Statement.

In this part of the indictment, all the ingredients of the offence with which the defendant is charged, the facts, circumstances, and intent constituting it, must be set forth with certainty and precision, without any repugnancy or inconsistency, and the defendant charged directly and positively with having committed it.

It must be certain as to the party indicted]—The defendant must be described in the indictment by his Christian name and surname, and by his addition. The inhabitants of a parish, how

ever, may be indicted for not repairing a highway, or the inhabitants of a county for not repairing a bridge, without naming any of them. 2 Rol. Abr. 79.

The Christian name of the defendant must be such as he obtained at baptism or confirmation, see 2 Ro. Abr. 135. Co. Lit. 3, or both. Weilden v. Holman, 6 Mod. 115, 116. It is said that a man can have but one Christian name; 2 Hale, 175; but this must be understood to mean merely that he cannot be named "John alias James," or the like; that is, that a second Christian name cannot be given to him after an alias dictus; see R. v. Newman, 1 L. Raym. 562. Scott v. Soans, 3 East, 111; but it is quite clear, that if a man has acquired two names at baptism, or one at baptism and another by confirmation, he may be indicted by both; and if these be misplaced, as if his name be Richard James, and he be named in the indictment James Richard, it is as much a misnomer, and may be pleaded in abatement in like manner, as if other and different names were stated. Jones v. Macquillan, 5 T. R. 195.

The surname may be such as the defendant has usually gone by or acknowledged; and if there be a doubt which one of two names is his real surname, the second may be added in the indictment after an alias dictus, (Bro. Misnom. 47), thus, "Richard Wilson otherwise called Richard Layer."

If the name of the prisoner be unknown, and he refuse to disclose it, he may be described as a person whose name is to the jurors unknown, but who is personally brought before them by the keeper of the prison; but an indictment against him as a person to the jurors unknown, wthout something to ascertain whom the grand jury meant to designate, would be insufficient. Rex v. R. & R. 489.

The additions required to be given to defendants in an indictment, by stat. 1 Hen. 5, c. 5, are, the addition of their " estate, or degree, or mystery," and also the addition of the "towns, or hamlets, or places, and counties of which they were or be, or in which they be or were conversant." These additions should be added after the first name, and not after the alias dictus; 2 Inst. 699. Anon. 3 Salk. 20. R. v. Semple, 1 Leach, 420; although, if an addition be given to the name after the alias dictus, may be rejected as surplusage. 2 Hawk. c. 25, s. 70.

Estate and degree mean the same thing, namely, the defendant's rank in life. A duke, marquis, earl, viscount, or baron, must be named by his Christian name only and his name of dignity: as, John, Duke of M." 2 Inst. 666. See R. v. Brinklett, 3 C. & P. 416. And the same of peeresses; as, "Ann, Countess of L." But this does not extend to foreign noblemen, who are entitled in this country to the addition of esquire only, 2 Hawk. c. 23, s. 109, unless they be knights, in which case they should be named so; 2 Inst, 667; and the same as to the titles

usually given to the eldest sons of dukes, &c. 3 Inst. 30. 2 Inst. 667. and see 2 Salk. 451. The addition of baronet or knight must be added to Christian and surname. 2 Inst. 665. See R. v. Ferrers, Cro. Car. 371.

A degree in one of the universities is a good addition; 2 Inst. 668; so is the addition of "clerk" for a clergyman. Id. "Esquire" is a good addition for the eldest sons of knights and their eldest sons in succession; for the eldest sons of peers; for the younger sons of peers and their eldest sons in succession; for foreign noblemen; for the esquires of knights of the bath; and for esquires by virtue of their offices, such as justices of peace. 2 Inst. 667. Gentleman is a good addition; so is yeoman.

Mysteryeans the defendant's trade, art, or occupation; such as, merchant, mercer, tailor, parish clerk, schoolmaster, husbandman, labourer, or the like. 2 Hawk. c. 23, s. 111. If a man have two trades, he may be named of either; 2 Inst. 668; but if a man who is a gentleman by birth be a tradesman, he should be named by his worthier addition of gentleman; Id. 669; in all other cases he may be indicted by his addition of degree or mystery, at the option of the prosecutor. See Mason v. Bushel, 8 Mod. 51, 52. Howpoole v. Harrison, 1 Str. 556. Smith v. Mason, 2 Str. 816, 2 L. Raym. 1541.

The additions of degree or mystery usually given are-to peers, peeresses, knights, esquires, clergymen, and gentlemen, the addition to which they are of right entitled; to other men, the addition of yeoman or labourer; or to tradesmen, &c. the addition of their mystery; to widows, the addition of widow; to single women, the addition of spinster or single woman; to married women, usually thus, "Jane, the wife of John Wilson, late of the parish of C. in the county of B. labourer." Labourer, R. v. Franklyn, 2 L. Raym. 1179, or yeoman, 2 Inst. 668, is not a good addition for a woman. It is necessary to mention that the degree or mystery must be stated as that to which the defendant was entitled at the time of the indictment; late esquire, late gro cer, or the like, would be bad. 2 Inst. 670.

As to the addition of place, the defendant must be described as of the town, or hamlet, or place, and county of which he was or is, or in which he is or was conversant.

A town may contain two or more parishes, and yet the town in that case would be a sufficient addition; see 2 Inst. 699; but if there be two or more towns in one parish, the defendant should be named of the town and not of the parish. Ib. If there be two towns of the same name in the county, but distinguished from each other by additions, as Great Dale, Little Dale, Upper Dale, Lower Dale, or the like, the defendant cannot be named of Dale only without addition; but if the towns have no addition to distinguish them, he may. 2 Hawk. c. 23, s. 121.

If the defendant reside in a borough or city which is a county

C