accessories generally:

y principal offender shall be in anywise ɔf any felony, it shall be lawful to proceed y accessory, either before or after the fact, ne manner as if such principal felon had ited thereof, notwithstanding such principal die, or be pardoned, or otherwise delivered inder; and every such accessory shall upon suffer the same punishment as he would red if the principal had been attainted.

te.—This clause is taken from the 7 Geo. 4, s. 11, and 9 Geo. 4, c. 54, s. 25 (I.).

. Davis (Crim. L. p. 3) says "by the comlaw no accessory can be tried until after

any perso

after the f

merely the conviction but the attainder of quired d

rincipal," and he had said the same thing Le note to sec. 1, p. 1. This is an entire ke; an accessory might always be tried at common law together with his principal, was the best and most usual course. -623, 624. 2 Inst. 184.

1

Court wh al felo place rson sl een con any p after quired

cluded in

6. Any number of accessories at different times Several to any felony, and any number of receivers at dif- accessories ferent times of property stolen at one time, may be may be incharged with substantive felonies in the same indict- the same ment, and may be tried together, notwithstanding indictment although the principal felon shall not be included in the same principal indictment, or shall not be in custody or amenable felon not to justice.

Note. This clause is framed from the 14 & 15 Vict. c. 100, s. 15, and the words in italics inserted. The Committee of the Commons who sat on the 14 & 15 Vict. c. 100, struck out those words, not perceiving that they were the only important words in the clause: for there never was any doubt that separate accessories and receivers might be included in the same indictment under the circumstances referred to in the clause; the doubt was, whether they could be compelled to be tried together in the absence of the principal where they separately became accessories, or separately received.

The marginal note was erroneously altered after the Bill went to the House of Lords. It began "separate accessories," because the clause applies only to accessories at different times. "Several persons may become accessories at one and the same time and place.

included.

7. Where any felony shall have been wholly com- Trial of mitted within England or Ireland, the offence of accessories. 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 prinripal 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 een committed: and in every other case the offence any person who shall be an accessory either before after the fact to any felony may be dealt with, aquired of, tried, determined, and punished by any

of

C

der those enactments accessories might be by any Court which had jurisdiction to try rincipal, although the principal felony had committed on the sea or on land, whether n the Queen's dominions or without, and the principal felony was committed in ounty, and the act by which the person ne an accessory was done in another county, ccessory might be tried in either.

the earlier part of this clause, where the pal felony is wholly committed in Engor Ireland, the accessory may be tried - in the county where the principal felony be tried, or in the county where the act ich he became an accessory was done. where the principal felony is not com1 wholly in England or Ireland, the accesmay be tried by any Court which has iction to try the principal, or in any

thin that than that all be beg risdiction cad in any the marg

d or be in custody. The object of this

een comm

erson sha rerred to

t

fect any

y, in which the accessory may be apprevided provision is to meet cases where the prin- er Maj

felony may have been committed, either d or sea, out of England and Ireland; in cases no Court had jurisdiction to try the

N

principal until he was apprehended in England
or Ireland, and consequently where the prin-
cipal in such cases had not been apprehended,
the accessory would not have been triable at all
under the former enactments. The words in
italics cure this defect.

As to abettors in misdemeanors :

meanors.

8. Whosoever shall aid, abet, counsel, or procure Abettors the commission of any misdemeanor, whether the in misdesame 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.

Note. This clause is framed from the similar clauses in 7 & 8 Geo. 4, c. 30, s. 26; 9 Geo. 4, c. 56, s. 33 (I.), &c., &c.

As to other matters:

committed

9. Where any person shall, within the jurisdiction As to of the Admiralty of England or Ireland, become an offences accessory to any felony, whether the same be a felony within the at Common Law or by virtue of any Act passed or to jurisdiction be passed, and whether such felony shall be committed of the within that jurisdiction or elsewhere, or shall be begun Admiralty. 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.

Note. This clause is new.