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upon the oath of A. B. with [here state the offence], and them safely keep in your custody until they shall be discharged by due course of law. Given under my hand and seal, at
ACCESSARY AFTER THE FACT.
An accessary ex post facto, is one who knowing a felony to have been committed, receives, harbours, or assists the felon; and any assistance given to a felon, to hinder his apprehension, trial, or punishment, makes the person assisting an accessary after the fact. To buy or receive stolen goods, knowing them to be so, is an offence of this sort, and by Stat. 5 Anne, c. 31, and 4 Geo. I. c. 11, all such receivers may be transported for fourteen years.
Accessary, by Stat. 43, Geo. III. c. 113, s. 5, may be tried in the county where he was accessary, or where the felony was committed; but the party once tried, shall not be again indicted, prosecuted, or tried in any court whatsoever.
Accessaries, by a mild construction of the Statutes of Westminster, 3 Edw. I. c. 15, have been admitted to bail, upon reputed good character; but where strong presumption of guilt is manifest, no bail should be admitted. 2 Hawk. c. 15, s. 53.
An accessary, on his trial, after conviction of the principal, may controvert the guilt of the latter. Leach, 237. The receiving bank notes, knowing them to be stolen, is not felony; neither is money, not being goods and chattels within the meaning of
the Statute against receiving stolen goods. Morris's case, Leach, 368, and see Bacon's Abr. and Burn's Just. title " Accessary."
Warrant to apprehend an Accessary after the Fact, for harbouring the Principal.
to wit. Whereas N. O. of
before me, J. C. Esq. one of His Majesty's justices of the peace in and for the said county, on the oath of A. B. with having [state the offence as in the preceding affidavit.] And whereas P. Q. hath this day also made oath before me, that T. T. of aforesaid, yeoman, since the said felony and burglary was committed, hath received, harboured, and maintained him, the said C. D. in the dwelling house of him the said T. T. at aforesaid, he, the said T. T. well knowing the said C. D. to have committed the said felony and burglary. These are therefore to command you forthwith to apprehend and bring before me, at this place, the body of the said T. T. to answer to the said charge, and to be further dealt with according to law. Given under my hand and seal, at in the said county, this. day of
Warrant to apprehend an Accessary after the Fact, for receiving Stolen Goods.
To the Constable of the parish of
to wit. Whereas A. B. hath this day made oath before me, S. P. Esq. one of His Majesty's justices of the peace, in and for the said county, [here state the facts as in the first affidavit] and also that the said A. B. hath cause to suspect, and doth suspect, that J. J. of in the said county, labourer, hath feloniously bought and received the said [the property stolen knowing the same to have been feloniously stolen. These are therefore to command you [see lust precedent.]
No action can be brought against a justice of the peace for any thing done by him by virtue of his office, until notice in writing of such intended writ or process shall have been delivered to him, or left at his usual place of abode, or served at least one calendar month before the suing out or serving the same, in which notice must be clearly and explicitly contained the cause of action which the party suing claims to have against such justice; and on the back of such notice shall be indorsed the name and place of abode of the plaintiff's attorney or agent, 24 Geo. II. c. 44, s. 1. Although personal service of the notice is to be preferred, yet it has been determined, 4 T. R. 465, that leaving it at the dwelling house is sufficient. The party may give the notice in his own name, or in the name of his attorney; but the particular writ intended to be issued must be stated, and it must be served one full calendar month previous to such writ being issued. It is necessary to be particular in describing the offence, as no evidence can be given by the plaintiff of any cause of action, except such as is contained in the notice; a general notice of an action for an assault and false imprisonment is bad, 7 T. R. 631. The action must be cominenced within six calendar months after the act
committed, and must be brought in the county where the grievance complained of arose.
It has been held that an action of replevin for goods taken by a parish officer under warrant of distress, is not such an action as requires previous notice under the act to be given to the party. East. Rep. 283.
No action shall be brought against any constable, or any officer acting by his order, for any thing done in obedience to any warrant of a justice, until demand made or left at his usual place of abode by the party intending to bring such action, or by his attorney or agent, in writing, signed by the party demanding the same, of a perusal and copy of the warrant, and that the same hath been refused or neglected for six days after such demand.
It has been considered that constables, headboroughs, excise officers, collectors of taxes, &c. acting under a warrant, are entitled to notice, under the act 43 Geo. III. c. 99, s. 70.
Notice of Action from the Attorney of the Party to a Justice of the Peace, for false Imprisonment.
To A. B. one of His Majesty's Justices of the Peace, acting in and for the county of
I do hereby, as the Attorney of C. D. of gent. give you notice, according to the form of the Statute in that case made and provided, that I shall, at or soon after the end of one calendar month from the time of the service of
this notice upon you, cause a writ of latitat to be sued out of His Majesty's Court of at Westminster, against you, at the suit of the said C. D. for false imprisonment; for that you, on or about the last, by warrant under your hand and seal, dated the day of cause the said C. D. to be apprehended and conveyed to the common gaol of Newgate, [or as the case may be] and to be there imprisoned, and kept and detained there, without any reasonable or probable cause, for a long time, to wit, for the space of then next following.
E. F. Attorney for the said C, D.
Notice of Action to an Excise Officer, by the Attorney of the Party, for Seizing Goods.
To A. B. and C. D. Officers of His Majesty's Excise.
of the value of £.
You having, on or about the day of last, as officers of His Majesty's Excise, unlawfully seized, taken, and carried away a large quantity of soap, to wit, 200lb. weight, belonging to A. B. of and being of a large value, to wit, and converted and disposed thereof to your own use; I do hereby, as the attorney for the said A. B. in this behalf, according to the form of the Statute in such case made and provided, hereby give you notice that I shall, at or as soon after the expiration of one calendar month from the time of your being served with this notice cause a writ of -to be sued out of His Majesty's Court of Westminster, against you, at the suit of the said A. B. for the said trespass, and shall proceed against you thereupon according to law. Dated, &c.
C. D. Attorney for the said A. B.