As to Offences within Counties of Cities, or Towns Corporate, or other Limited Jurisdictions.

By 38 Geo. III. c. 52, s. 2, 3, if the offence be committed within the county of a city or town corporate, and the indictment be found by a jury of the county of the city, &c., the court of oyer and terminer or gaol delivery holden for such county of the city, &c. may order it to be tried at a court of oyer and terminer, &c. for the next adjoining county.

Or the indictment may be found by a jury of the next adjoining county, and tried by the court of oyer and terminer or gaol delivery there,

But in either case the venue must be laid in the county of the city, &c.

And London, Westminster, Southwark, Bristol, Chester and Exeter are excepted from the act.

See also 51 Geo. III. c. 100, and 60 Geo. III. and 1 Geo. IV. c. 4.

By 60 Geo. III. and 1 Geo. IV. c. 14, persons committing capital offences within towns, &c. not being counties, but having exclusive jurisdiction, may be tried at the next session of oyer and terminer or general gaol delivery for the county in which the town, &c. is situate.

As to Offences against the Customs, and Assaulting Officers of Excise. These may be inquired of and tried in any county.-3 & 4 Will. IV. c. 53, s. 122; 7 & 8 Geo. IV. c. 53, s. 43.

As to Criminal Offences against the Stamp Duties.

The offence may be inquired of, &c. either in the county where the offence was committed, or where the parties accused, or any of them, shall have been apprehended. See 53 Geo. III. c. 108, s. 24; 55 Geo. III. c. 184, s. 8.

As to the Offence of Extortion.

The venue may be laid in any county. 31 Eliz. c. 5,

s. 4.

As to Plundering Anchors, Cables, &c. by Pilots.

Under 1 & 2 Geo. IV. c. 75, s. 22, the venue may either be laid in the county where the goods are found in the possession of the offender, or if sold abroad, in the county where the offender resides.

As to Plundering Wrecks.

The offender may be indicted and tried either in the county in which the offence was committed, or the next adjoining county.-7 & 8 Geo. IV. c. 29, s. 18.

As to Robbing Mails, Stealing Letters, &c.

The offence may be inquired of, &c. in the county where the offence was committed, or that where the offender was apprehended.-42 Geo. III. c. 81, s. 3; 52 Geo. III. c. 143, s. 3; 5 Geo. IV. c. 20, s. 10.

As to endeavouring to Seduce Soldiers and Sailors from Duty, &c. The offence may be inquired of, &c. in any county, whether it be committed on the high seas or in England.— 37 Geo. III. c. 70, s. 2; made perpetual by 57 Geo. III.

c. 7.

As to Bigamy.

The offence may be inquired of, &c. either in the county where the offender was apprehended or is in custody, or in the county in which the second marriage took place.— 9 Geo. IV. c. 31, s. 22.

As to Forgery and Uttering Forged Instruments.

The venue may be laid either in the county where the offender was apprehended or is in custody, or in the county where the offence was committed. 11 Geo. IV. and 1 Will. IV. c. 66, s. 24.

As to Burning, &c. the King's Ships out of the Realm.

The offender may be indicted and tried in any county in the realm.-12 Geo. III. c. 24, s. 2.

As to Robberies and other Capital Crimes committed in Newfoundland.

The offence may be tried in any county in England, under the king's commission.-10 & 11 Will. III. c. 25, s. 13.

As to 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.-4 East, 164.

As to sending Threatening Letters.

The venue may be laid in the county whence sent, or the county where received.-2 East, P. C. 1120; Arch. 21.

As to Libels.

The venue may be laid in the county whence sent, or the county where received.-4 Barn. & Ald. 95; Arch. 21.

The venue in the margin of the indictment should state the county. The venue in the body of the indictment should regularly state not only the county, but some township, hamlet or parish within the county. But it seems sufficient in the body of the indictment, as well as in the margin, to state the county only, unless the case is of a local nature.Arch. 34.

In Admiralty cases no county is inserted for venue, in the margin, but instead of it the words "Admiralty of England;" and in the body of the indictment the venue is laid "on the high sea," and "within the jurisdiction of the Admiralty of England."-Ibid. 20, 34.

It is in general not material that the township, hamlet or parish laid for venue, should be the true place where the offence was committed.

But if the indictment is framed on a statute which gives the penalty to the poor of the parish in which the offence was committed, the parish must be truly stated; or if the place be a necessary ingredient in the offence, the place

must be truly stated. And in cases where the place is not alleged in compliance with the general rule as to venue, but as matter of local description, it must be stated truly. -Arch. 36.

With respect to the county, that must be laid where the offence was really committed; except in cases where by statutory provision it is allowed to be laid elsewhere.

2. The Offender must be Rightly Named and Described.

By 1 Hen. V. c. 5, all indictments must set forth the Christian name, surname, and addition of the state and degree, mystery, town or place, and county, of which the defendant is or was conversant.

If the name of a prisoner is unknown, and he refuse to disclose it, an indictment against him as a person whose name is to the jurors unknown, but who is personally brought before them by the keeper of the prison, is sufficient. Russ. & Ry. 489.

But to describe him simply as a person to the jurors unknown, without otherwise ascertaining him, will not suffice. -Ibid.

3. There must be an Allegation of the Time when the Offence was Committed.

The time laid should be the day of the month and year, and either the year of the king's reign, or the year of our Lord will suffice.-1 Chitty's Cr. Law, 217.

It is in general not material that the time alleged should be the true time when the offence was committed.—Ibid. 224.

But the dates of bills of exchange, and other written instruments and records, must be truly stated; and where the time is a necessary ingredient in the offence, it must be stated according to the fact.-1 Chitty's Cr. Law, 224; Arch. 36.

In case of murder, the time of the death must be alleged within a year and a day after the mortal stroke given.-4 Bl. C. 306.

4. There must be a distinct and certain Allegation of the

Offence itself.

All the facts and circumstances which constitute the offence must be stated, and must be stated with certainty and precision.-4 Bl. C. 306; 1 Chitty's Cr. Law, 227, 228.

And in general the statement must accurately correspond with the true state of fact.

But a variance in the number and value of articles, and the like, is in general not material.-Arch. 45.

In some crimes particular words of art must be used, which are so appropriated by the law to express the precise idea of the offence, that no other words, however apparently synonymous, can be substituted. Thus, in treason, the facts must be laid to be done "treasonably and against his allegiance." In murder, the word "murdered" is essential, and also the words "of his malice aforethought." In burglary, the word "burglariously." In rape, the word "ravished." In larceny, the words "feloniously took and carried away." In all felonies, the word "feloniously." But the words "with force and arms," though usual in indictments for offences against the person, and proper to be inserted, are not essential.-Arch. 45; 1 Chitty's Cr. Law, 241.

In indictments for murder the means of death must be stated, and stated correctly.-3 Chitty's Cr. Law, 734; Arch. 309.

But one species of weapon, or one species of poison, may be stated to have been used, and another proved.—Ibid.

In general the length and depth of the wound should be expressed, unless the case be such that, independently of the dimensions of the wound, sufficient cause of death manifestly appears.-Ibid.

When death is occasioned by a wound, it should be alleged to be a mortal wound.--Ibid.

In homicide, in general, the value of the weapon by which the death was occasioned is usually stated, (the