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mary convic.

7 & 8 G.4, c. 29. Sect. LXII. And be it enacted, That if any person shall A bettors in aid, abet, counsel or procure the commission of any offence offences punish- which is by this act punishable on summary conviction, either able on sum- for

every

time of its commission, or for the first and second tion.

time only, or for the first time only, every such person shall, on conviction before a justice of the peace, be liable, for every first, second or subsequent offence of aiding, abetting, counselling or procuring, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence, as a principal offender, is by this act made liable.

Note.-Several summary convictions are prescribed under the larceny act; and with respect to the misdemeanors, they are chiefly embezzlements, and the receiving of stolen goods.

MALICIOUS INJURIES Act.

7 & 8 G. 4, c. 30.

7 & 8 Geo. 4, c. 30. Abettors in Sect. XXVI. And be it enacted, That every person who shall misdemeanors. aid, abet, counsel or procure the commission of any misde

meanor punishable under this act, shall be liable to be indicted

and punished as a principal offender. Abettors in Sect. XXXI. And be it enacted, That where any offence is offences punish- by this act punishable on summary conviction, either for every able on sum

time of its commission, or for the first and second time only,

or for the first time only, any person who shall aid, abet, counsel tion.

or procure the commission of such offence, shall, on conviction before a justice of the peace, be liable, for every first, second or subsequent offence of aiding, abetting, counselling or procuring, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence as a principal offender is by this act made liable.

mary convic

ACCESSORIES. *

Accessories. The 2 & 3 Ed. 6. c. 24; 1 Anne, st. 2. c. 9. s. 1; 43 G. 3. c. 113. s.5; 3 G. 4. c. 38; repealed by 7 G. 4. c. 64.

LARCENY Act.
7 & 8 G. 4, c. 29.

7 & 8 G.4, c. 29. Sect. LXI. And be it enacted, That in the case of every Principals in the felony punishable under this act, every principal in the second second degree

and accessories. degree, and every accessory before the fact, shall be punishable with death or otherwise, in the same manner as the principal in the first degree is by this act punishable;

and every accessory after the fact to any felony punishable under this act (except only a receiver of stolen property) shall on conviction be liable to be imprisoned for any term not exceeding two years.

Note. That an accessory before the fact may be indicted as a substantive felon. If he be indicted as an accessory, state the conviction of the felon, and then the offence of the accessory : or if he be tried with the principal, state the crime of the principal in the first instance, and then the inciting, counselling or procuring, which usually constitutes the offence of the accessory.

Indictment against an Accessory after the Fact. Hertfordshire, 1 The jurors for our lord the King upon their

to wit. Joath present, that at the delivery of the gaol of our said lord the King of his county of Hertford, holden at Guilford in and for the county aforesaid, on, &c. before Charles Lord Tenterden, Lord Chief Justice of our said lord the King, assigned to hold pleas in the court of our said lord the King, before the King himself

, and Sir John Bayley, knt. one other of the justices of our said lord the King, assigned to hold pleas in the court of our said lord the King, before the King himself, assigned to deliver the said gaol of the prisoners therein being ; A., late of the parish of in the said county of Surrey, labourer, was duly convicted, for that he, the said A., on, &c. with force and arms at, &c. in the county of

* As to accessories in murder, see MURDER.

Accessories.

.[here describe the felony,] as by the record thereof re

maining filed in the said court of gaol delivery may more fully 7 & 8 G.4, c. 29. and at large appear ; and the jurors aforesaid, upon their oath

aforesaid do further present, that C. late of the parish of
in the county of labourer, afterwards, to wit, on, &c.
with force and arms, at, &c. in the county of well
knowing the said A. to have committed the said felony and
larceny him the said A. did feloniously receive, harbour
and maintain, against the peace of our said lord the King, his
crown and dignity

Evidence. In this case it is necessary to prove the conviction of the principal, either by the record or an examined copy. The offence of the accessory must then be detailed, and the guilty knowledge of the felony must be fixed upon him. If the principal be indicted at the same time, the offence itself must first be proved, and afterwards the prisoner's guilty participation in it.

CRIMINAL JUSTICE Act. 7 Geo. 4, c. 64.

7 Geo. 4, c. 64. Accessory before Sect. IX. And, forthe more effectual prosecution of accessories the fact may be before the fact to felony, be it enacted, That if any person shall tried as such, or

counsel, procure, or command any other person to commit as a substantive felon, by any

any felony, whether the same be a felony at common law, or court which has by virtue of any statute or statutes made or to be made, the jurisdiction to

person so counselling, procuring, or commanding, shall be try the principal felon, although

deemed guilty of felony, and may be indicted and convicted, the offence be either as an accessory before the fact to the principal felony, committed on together with the principal felon, or after the conviction of the the seas or

principal felon, or may be indicted and convicted of a subabroad. (43 Geo. 3,

stantive felony, whether the principal felon shall or shall not e. 113, s. 5. have been previously convicted, or shall or shall not be repealed.) amenable to justice, and may be punished in the same

manner as any accessory before the fact to the same felony if convicted as an accessory, may be punished; and the offence of the person so counselling, procuring, or command

* The accessory after the fact may also be indicted with the principal; and in that case the offence of the principal is first set out, and then that of the accessory.

tried by any

ing, howsoever indicted, may be inquired of, tried, determined Accessories. and punished, by any court which shall have jurisdiction to try the principal felon, in the same manner as if such offence 7 Geo. 4, c. 61. had been committed at the same place as the principal felony, although such offence may have been committed either on the high seas or at any place on land, whether within his Majesty's dominions or without; and that in case the prin- If the offences cipal felony shall have been committed within the body of be committed

in different any county, and the offence of counselling, procuring, or commanding shall have been committed within the body of any accessory may

counties, other county, the last-mentioned offence may be inquired of, be tried in tried, determined and punished in either of such counties : either. provided always, that no person who shall be once duly tried (2 & 3 Ed. 6.

c. 24. s. 4. for any such offence, whether as an accessory before the fact 43 G. 3. c. 113. or as for a substantive felony, shall be liable to be again s.5. repealed.) indicted or tried for the same offence.

Sect. X. And, for the more effectual prosecution of accessories Accessory after after the fact to felony, be it enacted, That if any person shall the fact may be become an accessory after the fact to any felony, whether the

court which has same be a felony at common law, or by virtue of any statute

jurisdiction to or statutes made or to be made, the offence of such person try the principal may be inquired of, tried, determined, and punished by any felon. court which shall have jurisdiction to try the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessory, had been committed at the same place as the principal felony, although such act may have been committed either on the high seas or at any place on land, whether within his Majesty's dominions or without; and that in case the principal felony shall have been com. If the offences mitted within the body of any county, and the act by reason be committed

in different whereof any person shall have become accessory, shall have

counties, accesbeen committed within the body of any other county, the of

sory may be ence of such accessory may be inquired of, tried, determined, tried in either. and punished in either of such counties : provided always, that (2 & 3 Ed. 6.

c. 24. s. 4 no person who shall be once duly tried for any offence of

repealed.) being an accessory, shall be liable to be again indicted or tried for the same offence.

7 Geo. 4, c. 64. Sect. XI. And, in order that all accessories may be convicted Accessory may

and punished in cases where the principal felon is not atbe prosecuted tainted, be it enacted, That if any principal offender shall be after conviction in anywise convicted of any felony, it shall be lawful to proof the principal, ceed against any accessory, either before or after the fact, in principal be not the same manner as if such principal felon had been attainted attainted, &c. thereof, notwithstanding such principal felon shall die or be (1 Anne, st. 2. admitted to the benefit of clergy, or pardoned, or otherwise c. 9. s. 1.

delivered before attainder ; and every such accessory shall repealed.)

suffer the same punishment, if he or she be in anywise convicted, as he or she should have suffered if the principal had been attainted.

MALICIOUS INJURIES Act.

7 & 8 G.4, c. 30.

7 & 8 Geo. 4, c. 30. Principals in the Sect. XXVI. And be it enacted, That in the case of every second degree, felony punishable under this Act, every principal in the second and accessories. degree, and every accessory before the fact, shall be punish

able with death or otherwise, in the same manner as the principal in the first degree is by this act punishable; and every accessory after the fact to any felony punishable under this act shall, on conviction, be liable to be imprisoned for any term not exceeding two years.

Note..The doubts and difficulties which have arisen from time to tin as to the punishment of accessories under various statutes, are now set at rest by the new enactments.

The accessory before the fact, and the principal in the second degree, are to suffer the same penalty as though they had themselves perpetrated the felony, and whether the principal offender be attainted or not, accessories as well before or after the fact may be proceeded against.

All accessories before the fact may be tried as such, or as substantive felons, provided the trial take place before a court of competent jurisdiction to have tried the original offender and this, whether the offence be committed on the high seas or abroad.

All accessories after the fact are in like manner punishable by any court which has jurisdiction to try the principal felon, whether the act happen on the high seas or elsewhere wheresoever, and if the felony occur in one court, and the aiding

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