Of the proceedings a gainst accessories. 7 G. 4. c. 64. 8. 9. How accessories before the fact may be tried. If offences committed in different counties, accessories may be tried in either. Only one trial. S. 10. How accessory, if after the fact, may be tried. fit), in addition to such imprisonment.' The late consolidation acts, 7 & 8 Geo. 4. c. 29., 7 & 8 Geo. 4. c. 30., and 9 Geo. 4. c. 31., make accessories after the fact to felonies punishable under those acts respectively, liable to imprisonment for any term not exceeding two years. The principal and accessory may be indicted in the same indictment, and tried together, which is the best and most usual course. Formerly the accessory could not, without his own consent, have been brought to trial till the guilt of the principal was legally ascertained by conviction or outlawry, unless they were tried together.(c) And an accessory could not in such case have been tried, unless the principal had been attainted, so that if the principal stood mute of malice, or challenged peremptorily above the legal number of jurors, or refused to answer directly to the charge, the accessory could not have been put upon his trial.(d) But the late statute 7 Geo. 4. c. 64. has made the following salutary provisions for the effectual prosecution of accessories. “The ninth section of that statute, for the more effectual prose- (c) 1 Hale 623. 2 Hawk. c. 29. s. 45. Fost. 360. (d) Fost. 362., where the doctrine is reprobated; and see 1 Hale 625., where it is said that it was for this reason that Weston, the principal actor in the mur der of Sir Thomas Overbury, could not for a long while be prevailed upon to plead, that so the Earl and Countess of Somerset, who were the movers and procurers, might escape. 1 St. Tr. 314. such act may have been committed either on the high seas or at If offences be "The eleventh s. of the same statute, in order that all accessories "An indictment against an accessory should state that the princi- (e) Rex v. Walker, 3 Campb. 264. So in an indictment for larceny, though the goods may be laid to be the property of persons unknown, such an allegation is improper if the owner be really known. 2 East. P. C. p. 651, 781. Post. Book IV. Chap. On Larceny. (f) Lord Sanchar's case, 9 Co. 117 a. (g) Fost. 361. 9 Co. 119. 1 Hale 624. 2 Hawk. P. C. c. 29. s. 46. Plowd. 98, 99. Fost. 361. (A) 1 Hale 625. Rex v. Winifred and Thomas Gordon, 1 Leach 515. S. C. 1 (i) 1 Hale 626. 2 Hale 244. But (k) 1 Hale 626. (1) 7 G. 4. c. 64. s. 10.; and see also 8.9. Persons having implements of housebreaking, &c. with felonious in tent. And reputed thieves, &c. Other acts criminal from the intent. Felonies not capital, punishable under the acts, if any relating thereto; otherwise under this act. 4 dele, from the paragraph beginning "Where a person is feloniously stricken," to the bottom and also the next page. 47, dele, the paragraph beginning, "With respect to persons having implements," and insert as follows:-"With respect to persons having implements for bouse-breaking, &c. in their possession with a felonious intent, the legislature has made some provisions. The 5 G. 4. c. 83. s. 4. enacts, That every person having in his or her custody or possession any picklock key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling-house, warehouse, coach-house, stable, or out-building, or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or having upon him or her any instrument with intent to commit any felonious act; and every person being found in or upon any dwelling-house, warehouse, coach house, stable, or out-house, or in any inclosed yard, garden, or area for any unlawful purpose, and every suspected person or reputed thief frequenting places of public resort and other places specified in the act with intent to commit felony shall be deemed a rogue and vagabond within the intent and meaning of that statute. And in some instances an act, accompanied with a certain intent, has been made a felony by particular statutes; as by the 7 & 8 Geo. 4. c. 29. s. 38., the severing with intent to steal the ore of any metal, or any coal, &c. from any mine, bed or vein thereof is made felony punishable as simple larceny. And by the 7 & 8 G. 4. c. 30. s. 3., the damaging certain articles in a course of manufacture, with intent to to destroy them, and the entering certain places with intent to commit such offence, is made felony punishable by transportation for life or imprisonment, &c.' 58, line 15, dele from the word " felony" to the end of the paragraph, and 62, line 15, after the word accessories dele to the end of the paragraph and insert 101, note (e), after 22 & 23 Car. 2. c. 11. s. 9. add "repealed by 9 G. 4. c. 31." 106, note (p) after 1 Ed. 6. c. 12. s. 10. add " now repealed by 9 G. 4. c. 31." 109, line 16, after 43 G. 3. c. 58. add "now repealed." note (b) after 1 G. 4. c. 90. s. 1. add "but is now repealed, new provisions being substituted for it by 9 G. 4. c. 31." 110, line 10, after the word "appoint" add “and the late act 7 G. 4. c. 38. was passed to enable the commissioners for trying offences committed upon the sea and justices of the peace to take examina (m) Rex v. West, and others, 1 East. P. C. c. 4. s. 11. p. 162. The stat. 18 Eliz. e. 7. s. 3. provided that upon allowance of clergy the offenders might be imprisoned for any time not exceeding a year. tion touching such offences and to commit to safe custody per- At the end of the page add, " By 7 & 8 G. 4. c. 28. s. 12. all offences prose- Punishments, secuted in the High Court of Admiralty of England shall upon 7 & 8 G. 4. c. every first and subsequent conviction be subject to the same pu- 28. s. 12. nishments, whether of death or otherwise as if such offences had been committed upon the land." act committed The statute 9 G. 4. c 31. s. 32. enacts “that all indictable offences 9 G. 4. c. 31. mentioned in this act which shall be committed within the juris- Provisions for diction of the Admiralty of England, shall be deemed to be of- offences fences of the same nature, and liable to the same punishments, against this as if they had been committed upon the land in England, and at sea. may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England. Provided always, that Not to effect nothing herein contained shall alter or affect any of the laws re- the laws rela lating to the government of his Majesty's land or naval forces." ting to the 120, line 10, from the bottom after the word "same" insert " By 7 G. 4. c. forces. 48. s. 19. it is enacted" that every intimation to any smuggling vessel or boat in whatever manner given shall be deemed to be a signal within the meaning of the said act for the prevention of smuggling and shall subject the person giving such intimation to be detained and proceeded against as directed by the said act." 121, after line 5 from the top add, "By 7 G. 4. c. 48. s. 17. it is enacted that no writ of certiorari shall issue from the King's Bench to remove any proceeding before any justice or justices of the peace under any act for the prevention of smuggling, or relating to the revenue of the customs, nor shall any writ of habeas corpus issue to bring up the body of any person who shall have been convicted before any justice or justices of the peace under any such act, unless the party against whom such proceeding shall have been directed or who shall have been so convicted or his attorney or agent shall state in an affidavit in writing, to be duly sworn, the grounds of objection to such proceedings or conviction; and that upon the return to such writ of certiorari or habeas corpus no objection shall be taken or considered other than such as shall have been stated in such affidavit; and that it shall be lawful for any justice or justices of the peace, and they are hereby required to amend any information, conviction, or warrant of commitment for any offence under any such act." 127, line 15, after the word "clergy (a)" insert "It should be observed that so much of this statute as relates to any person who shall beat, wound, or use any other violence to any person or driver, and so much thereof as makes any second offence felony is repcaled by the recent act 9 G. 4. c. 31. note (a) at the end add, "but these sections are repealed by 7 & 8 G. 4. c. 27." 128, at the end of the chapter add "So much of this statute as relates to any The 26th section enacts" that if any person shall beat, wound, or 9 G. 4. c. 31. passage thereof, punishable summarily before two magistrates. 9 G. 4. c. 31. s. 22. Bigamy. Exceptions. common gaol or house of correction, for any term not exceeding three calendar months; provided always that no person, who shall be punished for any such offence, by virtue of this provision, shall be punished for the same offence by virtue of any other law whatsoever." 136, line 10, dele the whole of the paragraph and insert "It may be observed that to take any reward for helping a person to stolen goods is felony by 7 & 8 G. 4. c. 29. s. 58., and to advertise a reward for the return of things stolen, incurs a forfeiture of fifty pounds by the fifty-ninth section of the same act." (n) 147, line 12, dele the first sentence of the paragraph, and insert "It is an of- 168, line 25, after “33 H. 3. c. 23." insert" repealed by 9 G. 4. c. 31.” 188, line 15, dele the words, "In the construction of this statute," and insert as follows: "The provisions of this statute were in several respects defective. A person whose consort had been abroad for seven years, though known to be living, might have married again with impunity. And so might a person who was only divorced a mensa et thoro. The recent statute, 9 Geo. 4. c. 31., therefore repeals the statute of James, and by s. 22. enacts, that if any person, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years; and any such offence may be dealt with, inquired of, tried, determined, and punished in the county where the offender shall be apprehended, or be in custody, as if the offence had been actually committed in that county; provided always, that nothing herein contained shall extend to any second marriage contracted out of England by any other than a subject of his Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction.' The statute of James is however still in force with respect to offences committed before or upon the last day of June, 1828. In the construction of this statute of James." 208, at the end of the chapter add-"This statute is however repealed by the 9 Geo. 4. c. 31. except as to offences committed before or on the last day of June, 1828, and the enactment of the new statute as to punishment is, (as we have seen,) that the offender shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years." (n) See this statute more at large post. (0) Rex v. Bower, 1 B & C. 587. Book IV. Chap. XXVIII. |