like case offending, contrary to the form of the statute in that case made and provided, and against the peace of our Lady the Queen, her crown and dignity.

The 1st, 2nd, and 5th counts of the above indictment are framed upon the 10 & 11 Will. 3, c. 17, s. 1; and 42 Geo. 3, c. 119, s. 1 (Lottery Acts), by which all lotteries are declared to be public nuisances (unless specially sanctioned by Act of Parliament). By reason of such declaration the keeping of a lottery is indictable, although sect. 2 of each of the said statutes subject persons so offending to a penalty to be recovered by information in the Exchequer.

The 4th and 5th counts are framed upon the 16 & 17 Vict. c. 119, by sects. 3 and 4 of which owners and occupiers of such houses and persons receiving money on condition of paying money on the contingency of horse races, are also liable to a penalty: (See Reg. v. Crawshaw, Bell's C. C. 303; 30 L. J. M. C. 58.)

GIRL.

See "Abduction," " Assault," "Rape."

GLANDERED HORSE.
See "Diseased Animals."

GRIEVOUS BODILY HARM.

See "Assault."

GUNPOWDER.

See "Assault," "Malicious Mischief."

HIGH TREASON.
See "Treason," "Treason-Felony."

HIGHWAYS.

See "Nuisance."

HOMICIDE.

See "Manslaughter," "Murder."

HOUSE.

See "Arson," "Burglary," "Larceny," "Malicious Mischief."

LARCENY.

In an indictment for larceny as many as three counts may be inserted for distinct acts of stealing the property of the same prosecutor, which may have been committed by the defendant within the space of six months from the first act of stealing (24 & 25 Vict. c. 96, s. 5); and, indeed, without such plurality of counts, if upon the trial it appear that the property alleged to have been stolen at one time was taken at different times, the prosecutor is not to be required to elect upon which taking he will proceed, unless it shall appear that there were more than three takings, or that more than the space of six months elapsed between the first and the last of such takings (sect. 6.)

By sect. 72 of the above-mentioned Act, it is enacted that if, upon the trial of a person indicted for larceny, it shall be proved that he took the property in question in any such manner as to amount in law to embezzlement or fraudulent application or disposition, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement or fraudulent application or disposition, as the case may be; and thereupon such person shall be liable to be punished in the same manner as if he had been

Indictment for Larceny (Common form).

The jurors for our Lady the Queen upon their oath present, that O. K. on the

day of

A.D., re state the article or articles stolen, as the case may be) of and chattels of G. N., feloniously did steal, take, and y; against the peace of our Lady the Queen, her crown ty.

is intended to charge_the_prisoner with other acts of not exceeding three in the whole) against the property of person, committed within six months from the first, one or counts, as the case may be, may be added as thus:

l Count.-And the jurors aforesaid upon their oath 1. do further present, that the said O. K. afterwards thin the space of six calendar months from the time of inmitting of the said offence in the first count of this inent charged and stated, to wit, on the

day of

(here state the article or articles stolen, as the case ) of the goods and chattels of the said G. N. feloniously teal, carry, and take away; against the form of the stain such case made and provided, and against the peace of ady the Queen, her crown and dignity.

hird Count.-And the jurors aforesaid upon their oath aforedo further present, that the said O. K. afterwards, and in the space of six calendar months from the time of the mitting of the said offence in the said first count of this ictment charged and stated, to wit, on the

day of

(here state the article or articles stolen, as the case may of the goods and chattels of the said G. N. feloniously did eal, take, and carry away; against the form of the statute in ach case made and provided, and against the peace of our Lady he Queen, her crown and dignity.

See 24 & 25 Vict. c. 96, s. 5, as to charging three larcenies in one indictment.

It is usual in indictments for larceny to add a count for receiving the same property knowing it to have been stolen, after each count for the larceny charged.

Indictment for Larceny and Receiving against the same Person.

The jurors for our Lady the Queen upon their oath day of

to wit. present, that R. O. on the

A.D.

(state the article or articles stolen) of the goods and chattels of G. L. feloniously did steal, take, and carry away; against the peace of our Lady the Queen, her crown, and dignity. Second Count.-And the jurors aforesaid, upon their oath aforesaid, do further present, that the said R. O. afterwards, to wit, on the day and year aforesaid, the goods and chattels afore

committed upon an indictment for such embezzlement, &c.: (See "Embezzlement," ante).

By sect. 5 of the 14 & 15 Vict. c. 100, it is enacted that in any indictment for stealing, embezzling, &c., any instrument, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by its purport, without setting out any copy or fac-simile, or otherwise describing it or its value. And by sect. 7 it is enacted that in all other cases, whenever it shall be necessary to make any averment in any indictment as to any instrument, whether the same consists wholly or in part of writing, print, or figures, it shall be sufficient to describe such instrument by any name or designation by which the same may be usually known, or by the purport thereof, without setting out any copy or fac-simile of the whole or any part thereof.

It is unnecessary (though still sometimes done) to state the value or price of any article stolen, except in cases where the value or price is of the essence of the offence (14 & 15 Vict. c. 100, s. 24).

It is usual and proper, where it is possible, that the party charged as the thief, may, in fact, have been the receiver of the stolen property, to charge him also as such receiver in a subsequent

count.

Although the offence is that of larceny by a bailee, the form of the indictment need in no way vary from the ordinary form.

If the indictment charge an aggravated larceny, such as robbery, larceny by a servant, &c., and the matter of aggravation be not proved, the defendant may still be found guilty of the larceny; but upon such charges it is always advisable to add a count for simple larceny.