cause why execution should not be awarded against them. Id. And afterwards, the prisoners insisting on having the benefit of a free pardon, which had been promised by a proclamation, and which the court held could not be pleaded as a pardon, the court in their discretion deferred awarding execution, until the prisoners should have time to apply to the secretary of state for a pardon, according to the terms of the proclamation. Id. A rule of the court was afterwards made for their execution in the county of Surrey (the county in which the prison of the court was situate), by the marshal of the Marshalsea, assisted by the sheriff of Surrey, and they were executed accordingly: for the court of Queen's Bench, by law, has authority to order the sheriff of any county in England or Wales, to carry into execution their sentence, or the sentence of any other court, even a sentence of death, where the record and prisoner have been removed there. R. v. Garside, supra. And they may order this without writ: 2 Hawk. c. 51, s. 4: they usually do it by a rule of the court; in the central criminal court, the judgment is executed under a warrant from the recorder; but in the country, where the trial has been at the assizes, there is nothing more than a mere memorandum of the sentence, written opposite to the name of the prisoner in the calendar or list of prisoners, which is signed by the judge, as a warrant to the sheriff to execute the prisoner. 4 Bl. Com. 403, 404. In the rule of the court of Queen's Bench, and in the warrant of the recorder of London, the time of the execution is specified; but it is not so at the assizes; the judge however usually reprieves the prisoner for a certain time, (for every court, having the power to award execution, has a discretionary power of granting a reprieve, 2 Hawk. c. 51, s. 8,) but as soon as that time has expired, or where there is no reprieve, the sheriff may execute the party at such time as he may deem most convenient. As the sentence is, that the defendant shall be hanged by the neck until he be dead,-if he be hanged, but come to life afterwards, he must be hanged again; for the judgment is not executed, until he is dead. 2 Hawk. c. 51, s. 7.

If a woman, when condemned to death, be quick with child, she may allege the fact, in order to have the execution respited until after her delivery; and thereupon the sheriff shall be ordered to impanel a jury of inatrons to examine her in a private room, to try the fact, and if they find that she is quick with child, her execution shall be respited until her delivery. 2 Hawk. c. 51, 88. 9, 10.

In the case of murder, the prisoner, after conviction, must be kept apart from the other prisoners, fed on bread and water only (unless in the case of sickness or wound the surgeon order to the contrary); and no person shall have access to him but the gaoler and his servants, the chaplain and the sur

geon of the prison, without the written permission of the judge, or the sheriff or his deputy. 9 G. 4, c. 31, s. 6. And when executed, he must be buried within the precincts of the prison. 2 & 3 W. 4, c. 75. See ante, p. 181.

Transportation.] Her Majesty, by warrant under her sign manual, may appoint places of confinement within England or Wales, either at land, or on board vessels in the river Thames or some other river, or port, or harbour, for the confinement of male offenders under sentence or order of transportation; 5 G. 4, c. 84, s. 10; where they may be kept to hard labour; Id. s. 18; and the time of such confinement shall be reckoned in discharge or part disharge of the term of their transportation. Id. s. 19. And they may be sent for that purpose to any of Her Majesty's penitentiaries in Great Britain. 10 & 11 Vict. c. 67. But where an order for the transportation of any convict, male or female, shall be delivered to the sheriff or gaoler, he shall forthwith remove him or her to the ship employed for the purpose, and there deliver the offender to the contractor, together with a copy (attested by the sheriff or gaoler) of the caption and order of the court, and its sentence or order for transportation, and a certificate of his crime, his age, trade, &c., temper, disposition, and his behaviour whilst in prison; and the contractor shall give the sheriff or gaoler a receipt for his discharge. 5 G. 4, c. 84, s. 4. And see the rest of that Act, and stat. 11 G. 4 & 1 W. 4, c. 39.

Imprisonment.] By stat. 5 & 6 W. 4, c. 38, s. 4, where any person shall be convicted at any assizes or sessions for an offence for which he shall be liable to the punishment of imprisonment, transportation, or death, it shall be lawful for the court (if it shall so think fit) to commit him to any house of correction for such county, in execution of his judgment. Or, in cases at the assizes, he may be, and usually is, committed to the county gaol. In cases where, for an offence committed in the county of a city or town, the offender is tried and convicted at the assizes for the adjoining county, and judgment of imprisonment is passed upon him, the judge may order such judgment to be executed, either in the same county, or in the county of the city, &c., in which the offence was committed. 51 G. 3, c. 100, s. 1. 14 & 15 Vict. c. 55, s. 23. In what cases hard labour or solitary imprisonment may be inflicted, see ante, p. 183.

In other cases.] In cases of forcible entry, if the force be continuing, or the prosecutor expelled, part of the judgment is that the prosecutor have restitution of his premises. In case of a public nuisance, if it be continuing, part of the judg. ment is that it be abated. And if an offender be adjudged to

pay a fine, and also to be imprisoned, then, although he is imprisoned, the fine may be levied also, if he have any property upon which to levy it. But it is very doubtful whether a court of quarter sessions, or even a court of oyer and terminer or gaol delivery, have authority to issue writs for the execution of these judgments. The court of Queen's Bench has a fine may there be levied by writ of levari facias against the inhabitants of a parish, &c., or by writ of fieri facias against an individual; Arch. Pr. Cr. Off. 111, and see the forms of those writs, Id. 112, 113; a nuisance may be abated, by writ de nocumento amovendo, Id. 111, and see the form of the writ, Id. 113; and a writ of restitution may be awarded in the case of a forcible entry, Id. 111, and see the form of the writ, Id. 114. Where it is necessary, therefore, to issue any of those writs, in execution of the judgment, it is best to remove the record into the court of Queen's Bench by certiorari, and you may then sue out execution as of course.

PART II.

Indictments and Evidence in particular Cases.

I propose to arrange these indictments under the following heads:

Chapter 1. Offences against Individuals.

2. Offences against the Queen and her Government.

3. Offences of a public Nature.

4. Conspiracy.

5. Offences after a former Conviction.

6. Attempts to commit Offences.

CHAPTER I.

Offences against Individuals.

Section 1. Offences against the Persons of Individuals. 2. Offences against their Reputation.

3. Offences against their Habitations.

4. Offences against their Property, by stealing, embezzling, cheating, or receiving.

5. Offences against their Property, by malicious Injuries.

6. Forgery.

SECTION I.

Offences against the Persons of Individuals.

1. Murder.

Indictment.

The jurors for our Lady the Queen upon their

to wit. South present, that A. B., on the

day of

in the year of our Lord feloniously, wilfully, and of his malice aforethought did kill and murder one C. D.; against the peace of our Lady the Queen, her crown and dignity. Death. 9 G. 4, c. 31, s. 3.

By stat. 14 & 15 Vict. c. 100, s. 4, in any indictment for murder or manslaughter "it shall not be necessary to set

forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in every indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased, and it shall be sufficient in every indictment for manslaughter to charge that the defendant did feloniously kill and slay the deceased."

The name of the deceased should be stated, if it be known; if not known, he may be described as "a certain person to the jurors aforesaid unknown." Ante, pp. 79, 80. But where a woman was indicted for murdering her illegitimate child immediately after its birth, and in the indictment it was neither described by any name, nor as a child whose name was to the jurors unknown; and an objection on this ground was made in arrest of judgment: Coleridge, J. held the indictment to be correct; the child being illegitimate, could have no name but by reputation, and it could not have acquired that at the time of its death; and to state in the indictment that its name was to the jurors unknown, was assuming that it had a name; R. v. Willis, 1 Car. & K. 722; and this decision was afterwards confirmed by the judges. Id. Describing the child, in such a case, as “not named," would be sufficient. R. v. Waters, 2 Car. & K. 864. Where a woman of the name of Stroud, was indicted for the murder of her illegitimate child, which in the first count was called "Harriet Stroud," and in the second described as female of tender age, whose name is to the jurors aforesaid unknown;" the evidence was that the child was baptized by the name of Harriet, and not Harriet Stroud: the prisoner was found guilty; but the case being reserved for the opinion of the judges, they held that she ought not to have been convicted on either count;-not on the first count, because the child's name was not proved to be Harriet Stroud; and not on the second, because the child had a name, "Harriet," by which it might have been described in the indictment. R. v. Stroud, I Car. & K. 187. In a similar case, where an illegitimate child, four months old, had not been baptized, but was generally called "William," and spoken of as Sarah Scarborough's child, and on one or two occasions was called "William Scarborough" in his mother's presence: this was holden to be sufficient evidence to go to the jury, of the child having acquired that name by reputation. R. v. Scarborough, 12 Shaw's J. P. 265. As to the venue, see ante, p. 68.

day of

a

In the case of murder committed abroad, the indictment states that "A. B. being a subject of our Lady the Queen, on the in the year of our Lord ——, on land, out of the United Kingdom of Great Britain and Ireland, to wit, at [Boulogne, in the Kingdom of France], feloniously,