Several accessories may be included in the same indictment, although principal felon not included. Trial of accessories. sory can be tried until after not merely the conviction but the 6. Any number of accessories at different times to any felony, and any number of receivers at different times of property stolen at one time, may be charged with substantive felonies in the same indictment, [and may be tried together,] notwithstanding the principal felon shall not be included in the same indictment, or shall not be in custody or amenable to justice. Framed on the 14 & 15 Vict. c. 100, s. 15. As to receivers, see post, 24 & 25 Vict. c. 96, ss. 91, 98, and notes. 7. Where any felony shall have been wholly committed within England or Ireland, the offence of any person who shall be an accessory either before or after the fact to any such felony may be dealt with, inquired of, tried, determined, and punished by any court which shall have jurisdiction to try the principal felony, or any felonies committed in any county or place in which the act by reason whereof such person shall have become such accessory shall have been committed; and in every other case the offence of any person who shall be an accessory either before or after the fact to any felony may be dealt with, inquired of, tried, determined and punished by any court which shall have jurisdiction to try the principal felony or any felonies committed in any county or place in which such person shall be apprehended or be in custody, whether the principal felony shall have been com mitted on the sea or on the land, [or begun on the sea and completed on the land, or begun on the land and completed on the sea,] and whether within her majesty's dominions or without, [or partly within her majesty's dominions and partly without;] provided that no person who shall be once duly tried either as an accessory before or after the fact, or for a substantive felony under the provisions herein before contained, shall be liable to be afterwards prosecuted for the same offence. Framed on the 7 Geo. 4, c. 64, ss. 9, 10, and the Irish Act, 9 Geo. 4, c. 54, ss. 23, 24, and on the 11 & 12 Vict. c. 46, s. 2, and amended. See post, 24 & 25 Vict. c. 100, s. 10. See also note to s. 9, infra, and sect. 12 (unrepealed) of the 7 Geo. 4, c. 64, by which a felony or misdemeanor committed within 500 yards of the boundary of two counties, or is begun in one county and completed in another, may be tried in either. As to abettors in misdemeanors: misdemean. ors. 8. Whosoever shall aid, abet, counsel or procure Abettors in the commission of any misdemeanor, whether the same be a misdemeanor at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted and punished as a principal offender. Framed on the 7 & 8 Geo. 4, c. 30, s. 26, and on the Irish Act, 9 Geo. 4, c. 55, s. 54, and extended. This provision, nevertheless, does not extend the common law, which treats every accessory to a misdemeanor as a principal. See 1 Hale, P. C. 613; 4 Bla. Com. 36; R. v. Greenwood, 2 Den. C. C. 453; S. C., 21 Law J. (N. S.) M. C. 127. As to aiders, &c. in offences punishable on summary conviction, see post, 24 & 25 Vict. c. 96, s. 99. As to other matters: committed within the jurisdiction of the Admi 9. [Where any person shall, within the juris- As to offences diction of the Admiralty of England or Ireland, become an accessory to any felony, whether the same be a felony at common law or by virtue of ralty. any act passed or to be passed, and whether such felony shall be committed within that jurisdiction Act not to extend to Scotland. or elsewhere, or shall be begun within that jurisdiction and completed elsewhere, or shall be begun elsewhere and completed within that jurisdiction, the offence of such person shall be felony; and in any indictment for any such offence the venue in the margin shall be the same as if the offence had been committed in the county or place in which such person shall be indicted, and his offence shall be averred to have been committed on the high seas;" provided that nothing herein contained shall alter or affect any of the laws relating to the government of her majesty's land or naval forces.] 66 This provision is new in its present form. See the Larceny Consolidation Act, 24 & 25 Vict. c. 96, s. 115, post. The jurisdiction of the Admiralty extends to the seas and coasts beyond low water-mark, and beyond the body of a county. See Reg. v. Cunningham, 28 L. J. (N. S.) M. C. 66. But the offence must have been completed within the jurisdiction. By the 4 & 5 Will. 4, c. 36, offences committed on the high seas and other places within the jurisdiction of the Admiralty of England, are triable at the Central Criminal Court; and by the 7 & 8 Vict. c. 2, justices of assize and commissioners of oyer and terminer or general gaol delivery are empowered to try offences committed within the jurisdiction of the Admiralty of England. Further, by the 18 & 19 Vict. c. 91 (the Merchant Shipping Act Amendment Act, 1855), s. 21, "If any person being a British subject, charged with having committed any crime or offence on board any British ship on the high seas or in any foreign port or harbour, or if any person, not being a British subject, charged with having committed any crime or offence on board any British ship on the high seas, is found within the jurisdiction of any court of justice in her majesty's dominions which would have had cognizance of such crime or offence if committed within the limits of its ordinary jurisdiction, such court shall have jurisdiction to hear and try the case as if such crime or offence had been committed within such limits." See Reg. v. Lopez and Reg. v. Sattler, 27 L. J. (N. S.) M. C. 48; S. C. 1 Dears. & Bell, 525. See also 24 & 25 Vict. c. 100, s. 10, post. 10. Nothing in this act contained shall extend to Scotland, except as hereinbefore otherwise expressly provided. 11. This act shall commence and take effect on Commencement of act. the first day of November, one thousand eight hun dred and sixty-one. See the 24 & 25 Vict. c. 95, s. 3, and note, post, p. 8. 24 & 25 VICT. CAP. 95. An Act to repeal certain Enactments which have been consolidated in several Acts of the present Session relating to indictable Offences and other Matters. [6th August, 1861.] Whereas by six several acts of the present session of parliament, relating respectively to offences against the person, malicious injuries to property, larceny, forgery, coining, and accessories and abettors, divers acts and parts of acts have been consolidated and amended (a), and it is expedient to repeal the enactments so consolidated and amended, and certain other enactments : it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, as follows: Be acts and parts of acts mentioned in schedule. 1. The several acts and parts of acts in the Repeal of schedule hereto annexed shall continue in force until and throughout the last day of October in the present year, and shall from and after that day be repealed to the extent following; (that is to say,) in any case where the enactment does not form part of the law of Scotland then the enactment shall be wholly repealed, but in any case where the enactment does form part of the law of Scotland, (a) See the observations in the Introduction with reference to the misplacing of this statute. Repeal not to affect the colonies in certain cases. Repeal not to affect committed before the commencement of this act. then the enactment shall be wholly repealed as to every other place, but shall not be repealed as to Scotland, unless otherwise expressly mentioned. 2. Provided, that where any enactment shall have been extended to any part of her majesty's dominions out of the united kingdom by any act of the parliament of the united kingdom or otherwise, the same shall not be repealed as to that part of her majesty's dominions. 3. Provided also, that every offence which shall offences, &c. have been wholly or partly committed against any of the said acts or parts of acts before this act comes into operation shall be dealt with, inquired of, tried, determined and punished, and every penalty in respect of any such offence shall be recovered, in the same manner as if the said acts and parts of acts had not been repealed; and that every act duly done, and every warrant and other instrument duly made or granted, before this act comes into operation, shall continue and be of the same force and effect as if the said acts and parts of acts had not been repealed; and that every right, liability, privilege and protection in respect of any matter or thing committed or done before this act comes into operation shall continue and be of the same force and effect as if the said acts and parts of acts had not been repealed; and that every action, prosecution and other proceeding which shall have been commenced before this act comes into operation, or shall thereafter be commenced, in respect of any such matter or thing, may be prosecuted, continued and defended in the same manner as if the said acts and parts of acts had not been repealed. It is scarcely necessary to observe that the effect of this |