~within the body of a county, and the sea shore between the high and low water marks when the tide is out, are not within the jurisdiction of the admiral, or within the meaning of the term "high seas" in the above statutes. The offences above mentioned are enquired of, tried and determined, before the judge of the Admiralty court and two of the judges of the common law courts, under a commission of oyer and terminer ; [5] *and in the indictment, no county is inserted in the margin as venue, but instead of it merely the words ' Admiralty of England." 11. In indictments for murder or manslaughter, if the stroke or poison have been given on the high seas, and the party died of the same in England, the venue may be laid in the county where the party died; or if the stroke or poison were given in England, and the party died of the same at sea or out of England, the venue may be laid in the county where the stroke or poison were given. 2 G. 2. c. 21. Where a man in a boat at a short distance from the shore, was shot by a person on shore, and died instantly, it was holden that the stroke and death were both upon the high seas, and therefore triable according to the above statute of Hen. 8, and not according to this statute of Geo. 2. Leach, 432. 12. Also in indictments for murder or manslaughter, if the stroke or poison have been given in one county, and the party died of the same in another, the venue may be laid in the county where the party died. 2 & 3 Ed. 6. c. 24. s. 2. 13. If a man commit a larceny, simple or compound, in one county, and carry the goods with him into another, he may be indicted for the simple or compound larceny in the county in which he committed it, or he may be indicted for it as for a simple larceny in the county into which, or in any of the counties through which, he brought the goods; for in contemplation of law, there is such a taking and carrying away as constitutes the offence of larceny, in every place through which the goods were carried by him. 1 Hale, 507, 2 Id. 163. 3 Inst. 113. So, if a man steal goods, money, &c. in Scotland, and carry them into England, he may be indicted for larceny in any county in which he may have the goods in his possession. 13 G. 3. c. 31. s. 4. In the case of larcenies from “stage coaches, stage waggons, stage carts, and other such carriages," the venue may be laid in any county or city through which the coach has passed. 59 G 3. c. 96. s. 1. Also, where a felony is committed on the borders of two or more counties, within five hundred yards of the boundary, the venue may be laid in either county. s. 2. 14. 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 4 East, 164. in indictments for compassing the King's death, or for any of the treasons in stat. 36 G. 3. c. 7. 3. 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; and 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, 2 East, P. C. 1125. 1120, 1 Leach, 142, or in the county from which the offender sent it. See 1 Camp. 215. 2 Id. 506. 3 Barn. & Ald. 717. So, if an act done in one county prove a nuisance to another, it seems that in an indictment for it, the venue may be laid in either county, although it seems more correct to lay it in the county in which the act was done. Where a servant who had received money for his mas[ 6 ] ter 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 until he refused to account for it. 3 B. & P. 596. 15. An accessary in one county to a felony committed in another, may be indicted in the county in which he became accessary. 2 & 3 Ed. 6. c. 24. s. 4. But in case of misdemeanors, all persons procuring, inciting, aiding, abbetting, or assisting in the commission of them, may be indicted in the county in which the misdemeanor was committed, (whether the procuring or inciting took place in that county or not,) for they are all principals. See 7 East, 65. And the same in high treason. If a person in one county procure an innocent agent to commit a felony or misdemeanor 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 in the county where it was committed; Fost. 349; see 4 East, 164; 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 merely as an accessary before the fact; if a misdemeanor, as a principal. Vide supra. 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 : in the Westmorland. At the general quarter sessions of the peace, holden at Appleby, in and for the county aforesaid, the day of year of the reign of our Sovereign Lord George the Fourth of the united Kingdom of Great Britain and Ireland, King, Defender of the Faith, before A. B. & 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 oath of" [the grand jurors, naming them] good and lawful men of the county aforesaid, sworn and charged to enquire 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. 2 Burn's J. 799, and see the forms, 4 Went. 41. 105. 139. 150. 174. 222. 6 Went. 1. 357. 373. Cr. Cir. Com. 327. 2. The Statement. [7] In this part of the indictment, all the ingredients of the of fence 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, however, may be indicted for not repairing a highway, or the inhabitants of a county, for not repairing a bridge, without naming any of them. 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. 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 1 L. Raym. 562. 3 East, 111; but it is quite clear, that if a man has acquired two names at bap tism, 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 be 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. 5 T. R, 195. The surname may be such as the defendant bas 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 culled Richard Layer.” 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. 3 Salk 20; although if an addition be giyen to the name after the alias dictus, it 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. 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 [8] same as to the titles usually given to the eldest sons of dukes &c. 3 Inst. 30, 2 Inst. 667. and see 2 Salk. *454. The addition of baronet or knight, must be added to christian and surname. 2 Inst.665. See 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 youngest 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. Mystery means 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 8 Mod. 51, 52. 1 Str. 556. 2 Str. 816. 2 L. Raym. 1541. The additions of degree of 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 woman, usually thus, "Jane, the wife of John Wilson, late of the parish of C. in the county of B. labourer." Labourer, 2 L. Raym. 1179, or yeoman, 2 Inst. 668, is not a good addition for a woman. It is necessay 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 grocer, 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. Id. 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 of itself, the addition of that alone (as "London" for instance) will be sufficient, without naming a parish. 2 Inst. 669. * If he reside in a hamlet out of a town, he may be described as of that; if in a hamlet of a town, he may be described as of either the town or hamlet. 2 Hawk. c. 23. s. 122. [9] Parish is a good addition; 2 Inst. 669; but if there be two or more towns in the parish, and the defendant reside in one of them, he should be named of the town. Id. If the defendant reside in a place known by a special name, and not within a town or hamlet, he may be named of such place; but if it be within a town or hamlet, it is safest to name him of the town or hamlet. 2 Hawk. c. 23. s. 123. Besides being described of a town or hamlet, or parish, or place, the defendant must also be described of the county in which such town, &c. is; and if he be described of a borough or city which is a county of itself, that alone will be sufficient. 2 Inst. 669. The defendant may be described as late of the parish of B. in the county of C.; 2 Inst. 669, 670; although we have seen it is otherwise as to additions of degree or mystery. If his place of residence be known, he may be described of it according to the truth; but when not known, it is usual to describe him of any parish in the county where the offence was committed. In the case of peer and peeress, the addition of degree is placed before the addition of place, as, "John, duke of B. late of N. in the county of C." But in all other cases the addition of place goes first: as "J. S. Late of the parish of B. in the county of S. gentleman." If you were to describe the defendant as "merchant of London," 4 Ed. 4, 10 a. or "parson of D. in the county of C," 2 Inst. 699, it would be bad, for it does not follow, from this description of him, that he resides there. Besides the additions we have now mentioned, it may be necessary also, where a father and son are of the same name, and one of them is indicted, to add the terms "the younger" or "the elder" to his name, for the purpose of more clearly identifying him. 2 Hawk. c. 23. s. 106. If there be no addition, 1 Sid. 247. or a wrong one, 2 Inst. 670, the defendant can take advantage of it by plea in abatement only; if he plead over, he thereby waives all objections to the indictment on that account. 2 Hawk. c. 23. s. 125. So, if there be no christian name or a wrong one, or no surname or a wrong one, the defendant can take advantage of it by plea in abatement only; if he plead over, he waives the objection. It was formerly understood that a defendant could not plead a misnomer of his surname; 2 Hawk. c. 25. s. 68. 2 Hale, 176; but it seems now to be holden otherwise. See 10 East, 83. It must be certain as to the person against whom the offence was commit ted.] In indictments for offences against the persons or proper[10]ty of individuals, the christian and surname of the party injured, either his real name or the name by which he is usually known, must be stated, if the party injured be known; 2 Hawk. c. 25. s. 71, 72 : as, for the murder of " John Styles," larceny of the goods of "John Styles," larceny in the dwelling house of "John Styles," burglary in the dwelling house of "John Styles," and therein stealing the goods of "John Nokes," and the like. No addition is requisite; 2 Hale, 182; even where it appeared that the party injured had a mother of the same name, the court held that it was not necessary to distinguish her in the indictment by the addition "the younger," although it was objected that in such a case, where such an addition is not given, the presumption is that it is the parent and not the child that is intended, and some cases were cited to that effect. 3 B. & A. 579. But where the person injured has a name of dignity, as a peer, baronet, or knight, he should be described by it; and it should seem, that if he be described as a knight when in fact he is a baronet, or the contrary, the variance would be fatal. An indictment for stealing the shroud of a dead person, must state it to be the goods and chattles of the executor or administrator; 2 Hale, 181; or if there be no will or no administration, it should seem that it may be laid to be the goods of the person who defrayed the expences of the burial, or of the ordinary, if the shroud were purchased with the money of the deceased. If property be stolen out of the possession of a bailee, it may be described in the indictment as the property either of the bailor or bailee ; 2 Hale, 181; as, for instance, goods intrusted to a person for safe keeping, or to a carrier to carry, cloth to a tailor to make into clothes, linen to a laundress to wash, goods pawned, and the like, may be laid to be the goods and chattles of the person to whom they are so intrusted, &c. or of the owner, at the option of the prosecutor. Formerly where goods stolen were the property of partners, all the partners must have been named in the indictment, and correctly, otherwise the defendant would be acquitted. But now in indictments for stealing minerals, timber, iron, or other materials from mines, the property of any mining company, they may be described as the property of any one or more of the partners, and others his or their partners or adventurers, without naming the others. 56 G. 3. c. 73. And the same provision is now extended generally to indictments for "burglary, felony, grand or petit larceny, or criminal breach of trust, committed on the goods, chattels, or personal property, of what nature soever, of any partners whatsoever." 1 Geo. 4. c. 102. See further upon this subject, post, p. 117 -119. If, however, the name of the party injured be unknown to the prosecutor, as in the case of the murder of a stranger, or larceny from the person of a stranger who does not come forward to prosecute, or the like, he may be described in the indictment as a person unknown; 2 [ 11 ] Hale, 181; thus, for instance, a man may be indicted for the murder of, or for stealing the goods of, " a certain person to the jurors unknown." If at the trial it appear in evidence that the party injured is misnamed, or that the owner of the goods or house &c. is another and different person from him named as such in the indictment the variance is fatal and the defendant must be acquitted. So, if he be described as a certain person to the jurors unknown, and it appear in evidence that his name is known, the defendant will be acquitted. See 3 Camp. 264 1 Holt, 595. In an indictment for receiving stolen goods, if the principal felon be un |