Act), by sect. 25; and in all offences against stat. 2 W. 4, c. 34 (coin), by sect. 18. In some cases, however, a less punishment is assigned to him.

It may be necessary to add, that a man cannot be committed or indicted as accessory before the fact to a felony, unless it be proved that the felony has been actually committed. But soliciting or inciting a person to commit a felony, although the felony be not afterwards in fact committed, is a misdemeanor at common law, R. v. Higgins, 2 East, 5, punishable with fine or imprisonment, or both, and the party may be committed and indicted for it.

Commitment with principal:-After describing the offence of the principal state that of the accessory thus: And that the said C. D., before the said felony was so committed as aforesaid, did feloniously [and maliciously] incite, move, procure, counsel, and command the said A. B. to do and commit the said felony. And you the said keeper," &c.

Commitment without the principal :-" For that one [or some person unknown] on at, did feloniously,"

&c. describing the offence, as in a commitment of the principal," and that the said C. D., before the said felony was so committed, did feloniously and maliciously incite, move, procure, counsel, and command the said [A. B. or person unknown] to do and commit the said felony. And you the said keeper, &c."

Accessory after the fact.] After a felony has been committed, if any person receive, harbour, or assist the principal felon, knowing him to have committed the felony, he is deemed an accessory after the fact. This must be considered as having reference to felony only; the same receipt, &c. which in felony will make a man accessory after the fact, will, in treason, make the party a principal traitor, 1 Hale, 238, but in misdemeanors is not punishable at all. 1 Hale, 613.

An accessory after the fact to felony, may be tried either in the county where he has been accessory, or in that in which the original felony was committed. 7 G. 4, c. 64, s. 10. He may be tried either with the principal, or after the principal has been convicted; it is not necessary however that the principal should be attainted, to enable the prosecutor to proceed against the accessory after the fact. Id. s. 11. The offence is a felony; but is punishable with much less severity than that of the principal or the accessory before the fact. In felonies within stat. 7 & 8 G. 4, c. 29 (the Larceny Act) accessories after the fact are punishable with imprisonment, with or without hard labour, for any term not exceeding two years, by sect. 61; and the same, in felonies within stat. 7 & 8 G. 4, c. 30 (Malicious Injuries), by sect. 26; in felonies within stat. 9, G. 4, c. 31 (Offences against the Person), by sect. 31; in fe

lonies within stat. 11 G. 4 & 1 W. 4, c. 66 (Forgery), by sect. 25; and in felonies within stat. 2 W. 4, c. 34 (Coin), by sect. 18.

Commitment with the principal:-After describing the offence of the principal, state that of the accessory thus: "And that the said C. D. well knowing the said A. B. to have committed the felony aforesaid, did afterwards on at feloniously receive, harbour and maintain the said A. B. And you the said keeper," &c.

at

Commitment without the principal: :-"For that one A. B [or some person unknown] on did feloniously," &c. describing the offence, as in a commitment of the principal; "And that the said C. D. well knowing the said A. B. to have committed the felony aforesaid, did afterwards on - feloniously receive, harbour and maintain the said A. B. And you the said keeper," &c.

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ACCUSING OF CRIME.

Threatening to accuse, &c. with intent to extort.] "If any person shall accuse or threaten to accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse, any person of any crime punishable by law with death, transportation, or pillory, or of any assault with intent to commit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime as hereinafter defined," [i. e. buggery, committed either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime," sect. 9,] "with a view or intent to extort or gain from such person any chattel, money, or valuable security:"-felony, transportation for life, or not less than seven years, or imprisonment with or without hard labour for not more than four years. 7 & 8 G. 4, c. 29, s. 8. Vide post, tit. Letter, Threatening.

To constitute an offence within this statute, there must be an accusation or threat to accuse; and therefore where a man was already indicted for a rape, and another person, not connected with the prosecution, threatened him that if he did not give him 30%. he would hire witnesses to prove him guilty: this was holden not to be a threat to accuse, within the meaning of the statute; the accusation had been already made, and this was at most a threat to support it by evidence. R. v. Jo

seph Gill, cor. Bailey, J. Sum. Ass. York, 1829. If the offence consist of a threat to accuse, it must be proved to have been made use of to the party threatened. See R. v. Dunkeley, et al. Ry & M. 90, or, at least, if made use of to a third person, it must appear that it was so done, with intent that he should mention it to the party threatened. See Dict, by the Judges in R. v. Paddle, R. & Ry. 484. The intent to extort money, &c. may either be expressed, or may be implied from the accusation or threat itself, or from other circumstances. Where the threat was by a letter, sent to the prosecutor by post, it was holden that the offender might be indicted for it in the county where it was delivered to the prosecutor, R. v. Esser, 2 East, P. C. 1125. R. v. Girdwood, Id. 1120; in other cases the party should be prosecuted in the county, &c. in which the accusation is made or threat used.

Commitment for a verbal accusation or threat:-On

at feloniously did [threaten the said C. D. to] accuse him the said C. D. of having [attempted and endeavoured to commit a rape upon Ann, the wife of the said A. B. or as the case may be], with a view and intent thereby to extort and gain money, [chattel, money, or valuable security] from the said C. D. against the form of the statute in such case made and provided. And you the said keeper, &c.

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"

Commitment for sending a letter, accusing or threatening to accuse:" On· knowingly and feloniously did send [or deliver] to the said C. D. a certain letter [or writing] directed to the said C. D. threatening to accuse [or accusing] him the said C. D. of having [attempted and endeavoured to commit a rape upon Ann the wife of the said A. B." or as the case may be]; "with a view and intent to extort and gain money" [chattel, money or valuable security] "from the said C. D.: against the form of the statute in such case made and provided. And you the said keeper," &c.

"Whoso

Accusing or threatening, and thereby extorting.] ever shall accuse or threaten to accuse any person of the abominable crime of buggery, committed with mankind or with beast, or of any assault with intent to commit the said abominable crime, or of any attempt or endeavour to commit the said abominable crime, or of making or offering any solicitation, persuasion, promise or threat to any person, whereby to move or induce such person to commit or permit the said abominable crime,-with a view or intent in any of the cases aforesaid to extort or gain from such person, and shall, by intimidating such person by such accusation or threat, extort or gain from such person, any property:" felony, transportation for life or not less than 15 years, or imprisonment with or without hard labour for not more than 3 years. 1 Vict. c. 87, s. 4. This offence formerly amounted to robbery, and

was capital; 7 & 8 G. 4, c. 29, s. 7, and see 1 Arch. P. A. 293; but the section of the statute, by which it was declared to be robbery, has been recently repealed, by stat. 1 Vict. c. 87, s. 1. Commitment:-On at, feloniously did [threaten the said C. D. to] accuse him the said C. D. of having [attempted and endeavoured to commit the abominable crime of buggery with and upon him the said A. B. or with and upon one E. F.,” or as the case may be], "with a view and intent then and there to extort and gain property from the said C. D.; and that the said A. B., by then and there intimidating the said C. D. by the said accusation [or threat] as aforesaid, did then and there extort and gain from the said C. D [ten pieces of the current gold coin of the realm called sovereigns," &c. as in larceny] "the property of him the said C. D.: against the form of the statute in such case made and provided. And you the said keeper," &c.

ADMIRALTY.

Its jurisdiction.] The admiral has exclusive jurisdiction of all offences committed on the high seas, and within the harbours, creeks and havens of foreign countries. But within the harbours, creeks and havens of this country, the courts of common law, and not the admiral, have jurisdiction: as for instance, if an imaginary line were drawn across the mouth of such creek, &c. from one point of land to the other, of all offences committed within such line, the' common law would have jurisdiction; but all offences committed without the line would be within the jurisdiction of the admiral. As to the sea shore, below low watermark, the admiral has exclusive jurisdiction; above high watermark, the courts of common law have exclusive jurisdiction; and between high and low watermark, the courts of common law and the admiral have alternate jurisdiction, the courts of common law have jurisdiction of all offences committed on the strand, when the tide is out,the admiral, jurisdiction of offences committed on the water, when the tide is in.

Formerly, if a man upon land fired a loaded pistol or gun at a man upon the seas, and killed him, the offence was deemed to be within the admiralty jurisdiction; for the offence was deemed to have been committed where the death happened, and not at the place from whence the cause of death proceeded. R. v. Coombes, 1 East, P. C. 369. But now, by stat. 9 G. 4, c. 31, s. 8, "where any person, feloniously stricken, poisoned or otherwise hurt upon the sea, or at any place out of England, shall die of such stroke, poisoning or hurt in England, or being

feloniously stricken, poisoned or hurt at any place in England, shall die of such stroke, poisoning or hurt upon the sea, or at any place out of England:" the offender, and all accessories before or after the fact, may be tried, &c. in the county or place in England where the death, stroke, poisoning or hurt shall happen, in the same manner as if the offence had been wholly committed in that county or place.

Also, by stat. 3 & 4 W. 4, c. 53, s. 77, offences committed on the high seas against any act relating to the customs, shall, for the purpose of prosecution, be deemed to have been committed on the place on land in the United Kingdom into which the offender shall be carried, or in which he shall be found.

Examinations and commitment by justices.] Any one or more justices of the peace for any county, riding, division or place in the United Kingdom, may take the information of any witness upon oath, touching any 'treason, piracy, felony, robbery, murder, conspiracy or other offence of what nature or kind soever," committed upon the sea, or any haven, river, creek or place where the admiral has jurisdiction; and thereupon, by warrant under hand and seal, may cause the party charged to be apprehended and committed. 7 G. 4, c. 38.

And, by stat. 9 G. 4, c. 31, s. 7, if any British subject shall be charged, in England, with "any murder or manslaughter, or with being accessory before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the United Kingdom, whether within the king's dominions or without:" a justice of the peace may take cognizance of the offence so charged, and proceed therein as if it had been committed within the limits of his ordinary jurisdiction.

The examinations and commitment are the same as in ordinary cases, except that they allege the offence to have been committed on the high seas, within the jurisdiction of the admiralty of England;" or "beyond the seas, at a certain place called in the kingdom of

Trial and punishment of offences at sea, &c.] By stat. 28 H. 8, c. 15, all treasons, felonies, robberies, murders and conspiracies, committed on the seas or in any haven, &c. where the admiral has jurisdiction, shall be tried according to the course of the common law, in such places and counties as shall be appointed by the king's commission. To these offences have since been added stabbing and other attempts to murder or maim, &c. and all other felonies, within stat. 1 Vict. c. 85, by the 10th section of that act; all offences within the statute against forgery, 11 G. 4 & 1 W. 4, c. 66, by sect. 27; all offences within stat. 2 W. 4, c. 34, relating to counterfeiting the coin and seals, &c. by sect. 20 of that act; and generally,