
    
      The Commonwealth v. Foster.
    (Absent Field and Scott, J’s.)
    An indictment under the statute 1 Rev. Code, ch. Ill, § 13, p. 424, for allowing more than five slaves, other than his own, to be and remain at one time on the defendant’s premises, need not charge that it was without the consent of the owners of the slaves.
    At the October term 1847, of the Circuit Court of Amelia, John W. Foster was presented by the grand jury for unlawfully and knowingly permitting more than five slaves, other than his own, to be and remain at one time on his lot and tenement in said county. A summons to shew cause why an information should not be filed on the presentment, was served upon him ; and he appeared and moved the Court to quash the presentment, upon the ground that it did not charge that the defendant permitted the slaves to be and remain on his lot and tenement without the consent of the owners of the slaves. The Court thereupon, with the consent of the defendant, adjourned to this Court the questions,
    1st. Whether it is necessary that the said presentment, in order to create the offence therein intended to he charged, in violation of the statute 1 Rev. Code, ch. Ill, <§> 13, should charge that the defendant Foster permitted the said slaves to be and remain on his lot or tenement without the consent of the owners of such slaves?
    2d. Is the presentment sufficient ?
   By the Court.

The first question is to be answered in the negative; and the second in the affirmative.  