R. v. Turner, R. & M. 347. But if the indictment state the conviction of the principal, the record of the conviction, or an examined copy of it, is clearly evidence to prove it; see R. v. Baldwin, R. & R. 241; and in R. v. Blick, (4 Car. & P. 377,) this was allowed by Bosanquet, J., even although it appeared to be a conviction upon a plea of guilty.

Where the larceny was stated to have been committed by a person to the jurors unknown, the judge held it to be no objection to this that the grand jury had at the same assizes found a bill for the larceny against J. S. R. v. Bush, R. &

R. 372.

Where the indictment charged two prisoners jointly with receiving, and it appeared in evidence that one received it first, and then gave it to the others, both knowing it to be stolen: the judges held that the evidence did not support the indictment; to support a joint charge of receiving, a joint receipt must be proved. R. v. M. and J. Messingham, R. & M. 257.

3. Indictment against a receiver, where the offence of the prin cipal is a misdemeanor.

66

If the offence of the principal were a stealing, the indictment will be in the same form as the last, merely substituting the word "unlaufully" for the word "feloniously." But if the offence of the principal be not a stealing, then besides substituting unlawfully" for "feloniously," you must make the necessary alteration in the above form, as to the description of the original offence; as for instance, where the offence of the principal was the obtaining goods under false pretences, instead of saying, " then lately before feloniously stolen, taken, and carried away," you say, "then lately before unlawfully obtained from the said C. D. by false pretences." The venue may be the same as in the last case.

Evidence.

To maintain this indictment, the prosecutor must prove:

1. The offence of the principal, as in ordinary cases.

2. The receipt and guilty knowledge, as directed in the last case but one.

reward for

LVIII. And be it enacted, That every person Taking a who shall corruptly take any money or reward, helping to the directly or indirectly, under pretence or upon stolen properaccount of helping any person to any chattel, bringing the

recovery of

ty, without

offender to trial:

money, valuable security, or other property whatsoever, which shall by any felony or misdemeanor have been stolen, taken, obtained, or converted as aforesaid, shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony; and punishment. being convicted thereof, shall be liable, at the

Advertising a

reward for

discretion of the court, to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned (28) for any term not exceeding four years, and, if a male, to be once twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment.

(28) Or imprisonment and kept to hard labour, s. 4, ante, p. 286.

LIX. And be it enacted, That if any person the return of shall publicly advertise a reward for the return tolen proper of any property whatsoever which shall have

ty, &c.

been stolen or lost, and shall in such advertisement use any words purporting that no questions will be asked; or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making any inquiry after the person producing such property; or shall promise or offer in any such public advertisement to return to any pawnbroker or other person who may have bought or advanced money by way of loan upon any property stolen or lost, the money so paid or advanced, or any other sum of money or

reward for the return of such property; or if any person shall print or publish any such advertisement, in any of the above cases: every such penalty. person shall forfeit the sum of fifty pounds for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit.

Indictment for taking a reward for helping to the recovery of stolen property.

BERKSHIRE, to wit: The jurors for our lord the king upon their oath present, that A. B., late of the parish of in the county aforesaid, labourer, on the third day of November, in the fifth year of the reign of our sovereign lord William the Fourth, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, at the parish aforesaid in the county aforesaid, did corruptly and feloniously take and receive from C. D. certain money and reward, to wit, the sum of ten pounds, of the monies of the said C. D., under pretence [or" on account"] then and there of helping the said C. D. to certain goods and chattels ["any chattel, money, valuable security, or other property whatsoever,"] of him the said C. D., before then feloniously stolen, taken, and carried away [or, "before then unlawfully obtained from the said C. D. by false pretences," or as the case may be, see s. 53, 49, ante,]; he the said A. B. not having caused the person, by whom the said goods and chattels were so stolen, taken, and carried away as aforesaid, to be apprehended and brought to trial for the same: against the form of the statute in such case made and provided, and against the peace of our lord the king, his crown and dignity.

Evidence.

--

To maintain this indictment, the prosecutor must prove:1. The larceny or other offence by which the goods were taken, as stated in the latter part of the indictment.

2. The receipt of the money by the prisoner from C. D., or from some person on his behalf, and the pretence or account on which he received it, as stated in the indictment. Upon an indictment for this offence, it appeared that the prisoner, having represented to the prosecutor that he could procure the restoration of some goods that had been stolen

Receivers of property, where the original offence is punishable on summary conviction.

from him, if they had got into the hands of regular thieves, obtained 301. from him, for the alleged purpose of recovering the goods; but the goods were never in fact restored, nor the 301. returned: the judges held this to be a case within stat. 4 Geo. 1. c. 11. s. 4. (which was the same in substance as the present section), although it appeared in evidence that the prisoner did not know the felon, nor did he pretend that he knew him, nor had he any power to apprehend or bring him to trial. R. v. Bridger Ledbitter, R. & M. 76.

LX. And be it enacted, That where the stealing or taking of any property whatsoever is by this act punishable on summary conviction, either for every offence, or for the first and second offence only, or for the first offence only; any person who shall receive any such property, knowing the same to be unlawfully come by, shall, upon conviction thereof before a justice of the peace, be liable, for every first, second, or subsequent offence of receiving, to the same forfeiture and punishment to which a person guilty of a first, second, or subsequent offence of stealing or taking such property is by this act made liable.

1. Conviction for receiving stolen property, where the offence of the principal is punishable by conviction only.

at

BERKSHIRE, to wit: Be it remembered, that on the
day of
in the year of our Lord

in the county aforesaid, A. B. is convicted before me J. P., one of his majesty's justices of the peace for the said county, for that he the said A. B., on the in the year aforesaid, at the parish of

of

day

in the county aforesaid, [one ash tree, of the value of two shillings, the property of C. D., by a certain ill-disposed person unknown then lately before unlawfully stolen, taken, and carried away from a certain close of the said C. D., in which the same was then and there growing], did unlawfully receive from the said ill-disposed person, he the said

A. B. then and there well knowing the said tree to have been unlawfully come by; against the form of the statute in such case made and provided: I the said J. P. do therefore adjudge, &c. as in the conviction of the principal, to the end.

2. Conviction for a second offence.

Same as the above to the words]" against the form of the statute in such case made and provided." And it is now proved before me the said J. P., that the said A. B. was, on the day of last past, at in the county

of

convicted before

-, one of his majesty's
for that

day of

in the year

in the county last afore

justices of the peace for the said county of
he the said A. B., on the
aforesaid, at the parish of
said, one other ash tree [&c. as in the former conviction, to
the words" against the form of the statute in such case made
and provided;"] and the said A. B. was thereupon ad-
judged [&c. as in the former conviction, to the end of the adju
dication]. I the said J. P. do therefore adjudge the said
A. B., for such his said second offence of which he is now
convicted, to [&c. as in a conviction of the principal for a se-
cond offence, to the end.]

the second de

LXI. And be it enacted, That in the case of Principals in every felony punishable under this act, principal in the second degree, (29) and

every gree and acevery punishable.

(29) That is to say, persons present, aiding and abetting in the offence. Where the prisoner was indicted as receiver only, and it appeared in evidence that in concert with J.3. he stood outside the house in which J. S. lodged, whilst J. S. went in and committed the larceny, and that he received the goods from J. S. either out of the window of the house or after he came out, the judges held that he could not be convicted as a receiver, because he was a principal in the second degree. R. v. Owen, R. & M. 96. So, where two of the prisoners went into a shop and stole goods, whilst the third stood outside to co-operate with them; the three being indicted for stealing in the shop, and it being objected that the third could not be convicted, as he was not in the shop at all, the judges held that he was as much a principal as the others, and might be convicted on this indictment, which stated the three to have stolen the goods. R. v. C. & W. Goggerly &

cessories,how