defeuce, she must prove it. And proof of cohabitation with the man, and passing by his name, does not seem to be sufficient proof of this; R. v. Hassall et al., 2 Car. & P. 434; although, on the other hand, actual evidence of the marriage would not perhaps be required.

Ambassadors and their Servants.] For offences which are mala prohibita merely, and not mala in se, ambassadors and their suites are not punishable. But for direct attempts against the life of the king, they are punishable; and if they are not also punishable in the same manner for conspiracies against the king, this arises rather from political reasons than from any rules of law. 1 Hal. 96-99. Fost. 187, 188. Also for murder, rape, or any other offences of great enormity against nature and the fundamental laws of society, they are punishable by the laws of this country as any other alien. Id. And Lord Hale cites, as an instance, the execution of Don Pantaleon Sa, the Portuguese ambassador's brother, and of some of the ambassador's servants, for a murder committed by them in London. See however the case of R. v. Guerchy (1 W. Bl. 545,) where the attorney-general entered a noli prosequi to an indictment found against the French ambassador, for hiring a person to assassinate the Chevalier D'Eon.

Persons offending from Chance, Mistake, &c.] Where a man, in the execution of one act, by misfortune or chance, and not designedly, do another act, for which, if he had wilfully committed it, he would be liable to be punished: in that case, if the act he was doing were lawful, or merely malum prohibitum, he shall not be punishable for the act arising from misfortune, or chance; but if malum in se, it is otherwise. I Hal. 39. Fost. 259. Even the killing another by misfortune, or in any other way not felonious, is not now punishable, nor is any forfeiture thereby incurred. 9 Geo. 4, c. 31, s. 10.

So a person, from ignorance or mistake, not of law but of fact, may commit an offence, and still be dispunishable for it: as if a man, thinking to kill a housebreaker in his house, by mistake kill one of his own family, he is not punishable for it. Cro. Car. 538. 4 Bl. Com. 27. But if the act he intended doing were unlawful, he may in general be punishable for the act he committed through ignorance or mistake, in the same way as if he wil fully did it: as, for instance, if a man, intending to kill A. by mistake kill B., he will be equally guilty as if in fact he had killed A.

So where a man is forced to commit an offence, by such threats and menaces of personal violence by others, as induced a well-grounded apprehension of death or other bodily harm in case he should refuse to do it: this will in general excuse him. See 3 Inst. 10. 1 Hal. 56. Fost. 217. Even if a man be thus com

pelled to join rebels or foreign enemies in a time of rebellion or war, he will be excused for remaining with them as long as the compulsion lasted. Fost. 216, 217. But no threat to burn his house or destroy his property, or the like, will be sufficient for this purpose. M'Growther's case, Fost. 13. 9 St. Tr. 566.

2. Degrees of Guilt.

In felony, the person who actually does the act, is called the principal in the first degree; a person present, who, although he do not with his own hand commit the act, yet is aiding and abetting the person who actually commits it, is called a principal in the second degree; a person not present when a felony is committed, but who has previously ordered, incited or encouraged another to commit it, is called an accessory before the fact: after a felony committed, any person who receives, harbours or assists the principal, knowing him to have committed the felony, is called an accessory after the fact.

The distinction between principals in the first and second degree, is not material; they are equally guilty, and equally punishable. And upon an indictment charging a man as principal in the first degree, evidence that he was present aiding and abetting, whilst another committed the felony, will support the indictment; as for instance, if an indictment against A. and B. charge that A. committed the felony, and B. was present aiding and abetting, proof that B. committed the felony, and that A. was present aiding and abetting, will support the indictment. And a person is said to be present aiding and abetting, who, being engaged in the same design with the person who actually commits the felony, although not actually present at the commission of it, is yet at such a convenient distance as to come to the immediate assistance of his associate if required, or to watch to prevent surprise, or the like. See Fost. 350-355.

Accessories before the fact may be tried, either as accessories with or after the principal, or as for a substantive felony. 7 G. 4, c. 64, s. 9. See the form of an indictment against an accessory before the fact, together with the principal, 1 Arch. P. A. 202 ̊; the like against the accessory alone, as for a substantive felony, Id. 203. As to accessories before the fact in felonies against 7 & 8 G. 4, c. 29, see 1 Arch. P. A. 441; in felonies against 7 & 8 G. 4, c. 30, 2 Arch. P. A. 58; in offences within 9 G. 4, c. 31, Id. 186; in forgery or uttering, Id. 293; in offences relating to the coin, &c., Id. 410.

As to accessories after the fact, see 7 G. 4. c. 64, s. 10, 11. 1 Arch. P. A. 203, 204. As to accessories after the fact in felonies against 7 & 8 G. 4, c. 29. see 1 Arch. P. A. 442; in felonies against 7 & 8 G. 4, c. 30, 2 Arch. P. A. 58; in offences against 9 G. 4, c. 31, Id. 186; in forgery or uttering, Id. 293; in offences relating to the coin, &c., Id. 410.

In high treason and in misdemeanors, there are no accessories : the same previous procuring or incitement, &c., which would make a man an accessory before the fact in felony, will make him a principal; and the same assistance after the offence committed, as would make a man accessory after the fact in felony, will in treason make him a principal traitor, but in misdemeanors is dispunishable.

As to receivers of stolen goods, we shall have another opportunity of noticing them.

SECTION 2.-A List of Offences, which are the Subjects of Prosecution by Indictment.

Abduction. 1. Taking away or detaining a woman, against her will, from motives of lucre, with intent to marry or defile her: felony, transportation for life, or for not less than seven years; or imprisonment, with or without hard labour, for not more than four years. 9 G. 4, c. 31, s. 19. Indictment, 2 Arch. P. A. 153. Evidence, Id. 154.

2. Unlawfully taking an unmarried girl, under the age of 16, out of the possession and against the will of her parent or guardian misdemeanor, fine or imprisonment, or both. 9 G. 4, c. 31, s. 20. Indictment, 2 Arch. P. A. 155. Evidence, Id. 155, 156.

Abortion. 1. Administering poison or other noxious thing, or using any instrument or other means, to procure the miscarriage of a woman quick with child: felony, death. 9 G. 4, c. 31, s. 13. Indictment, 2 Arch. P. A. 140, 142. Evidence, Id. 141, 142.

2. The like, when the woman is not quick with child : felony, transportation for not more than 14, nor less than seven years; or imprisonment, with or without hard labour, for not more than three years, and whipping. 9 G. 4, c. 31, s. 13. Indictment, 2 Arch. P. A. 143, 144. Evidence,

Id. 143, 145.

Abusing a girl. See "Carnally knowing." Accusing or threatening to accuse a man of a crime punishable with death, transportation or pillory, or of an attempt to commit a rape, or of any infamous crime, with intent to extort money, &c. : felony, transportation for life or for not less than seven years; or imprisonment, with or without hard labour, for not more than four years, and whipping. 7 & 8 G. 4, c. 29, s. 8. Indictment, Arch. P. A. 301. Evidence, Id. 302.

Accusing or threatening to accuse a man of an infamous crime, with intent to extort money. &c., and thereby extorting money, &c., is robbery felony, death. 7 & 8 G. 4, c.

29, s. 7, 9. Indictment, 1 Arch. P. A. 291. Evidence, Id. 292-295.

Adhering to the King's enemies. See “Treason.” Administering medicine, to procure miscarriage. See " Abortion.” Affray misdemeanor, fine or imprisonment, or both. 1 Hawk.c. 63, s. 20. Indictment, 3 Burn, D. & W. 30. Evidence, see 3 Burn, D. & W. 26, &c.

Agent, banker, merchant, broker or attorney, applying to his own use money or securities entrusted to him, with written directions, for a special purpose: misdemeanor, transportation for not more than 14 nor less than seven years; or fine or imprisonment, or both. 7 & 8 G. 4, c. 29, s. 49, 50. Indictment, 1 Arch. P. A. 421. Evidence, Id. 422.

2. Selling or pledging chattels, securities, power to sell stock, &c., entrusted to them for safe custody or a special purpose: misdemeanor, the like punishment. 7 & 8 G. 4, c. 29, s. 49, 50. Indictment, 2 Arch. P. A. 423. Evidence, Id. 423, 424.

Agent or factor pledging the goods, bill of lading, delivery order, &c., of his principal: misdemeanor, transportation for not more than 14, nor less than seven years; or fine or imprisonment, or both. 7 & 8 G. 4, c. 29, s. 51, 52. Indictment, 1 Arch. P. A. 426. Evidence, Id. 426, 427. Airway. See "Malicious Injuries," title "Mines." Arms, unlawfully training to the use of, or attending any meeting for that purpose: misdemeanor, transportation for not more than seven years, or imprisonment for not more than two years. 60 G. 3, & 1 G. 4, c. 1, s. 1. Attending meetings for the purpose of being so trained: misdemeanor, imprisonment for not more than two years. Id. 1 Arch. P. A. 1, 2.

Arson. See " Burning."

Ass. See" Larceny," ‚"" Malicious Injuries,” title “ Animals.” Assault and Battery: misdemeanor, fine or imprisonment, or both. Indictment, post. Evidence, post.

Assaulting, striking or wounding a magistrate or officer, &c., on account of the exercise of his duty in preserving wreck : misdemeanor, transportation for seven years, or imprisonment with or without hard labour. 9 G. 4, c. 31, s. 24. Indictment, 2 Arch. P. A. 167. Evidence, Id. 168. Assaulting a peace officer or revenue officer in the due execution of his duty misdemeanor, imprisonment, with or without hard labour, for not more than two years, with fine or surety for the peace, if the Court think fit. 9 G. 4, c. 31, s. 25. Indictment, 2 Arch. P. A. 170. Evidence, Id. 170, 171.

Assaulting game-keepers. See "Game."

Assault with intent to commit a felony misdemeanor, imprisonment, with or without hard labour, for not more than two years, with fine or surety for the peace, if the Court think fit. 9 G. 4, c. 31, s. 25. Indictment, 2 Arch. P. A. 169. Evidence, Id. 169, 170.

Assault with intent to prevent lawful apprehension or detainer : misdemeanor, imprisonment, with or without hard labour, for not more than two years, with fine or surety for the peace, if the Court think fit. 9 G. 4, c. 31, s. 25. Indictment, 2 Arch. P. A. 171. Evidence, Id. 171.

Assault with intent to commit a rape, &c. See " Rape," &c. Assault with intent to rob. See " Larceny," title """ Larceny

from the Person." Assault with intent to spoil the clothes of another: felony, transportation for seven years. 6 G. 1, c. 23, s. 11.

Assault in pursuance of a conspiracy to raise the rate of wages: misdemeanor, imprisonment, with or without hard labour, for not more than two years, with fine or surety for the peace, if the Court think fit. 9 G. 4, c. 31, s. 25. Indictment, 2 Arch. P. A. 172. Evidence, Id. 173.

Assembly, unlawful. See "Arms," "Riot."
Attempt to poison, murder, &c. See "Murder."
Attorney. See "

Agent."

B.

Bail, acknowledging, in the name of another: felony, transportation for life or for not less than seven years, or imprisonment for not more than four nor less than two years. 11 G. 4, & 1 W. 4, c. 66, s. 11. Indictment, 2 Arch. P. A. 276. Evidence, Id. 277.

Bank of England. See "Embezzlement," " Forgery."
Bank note. See "Forgery."

Larceny," title "Securities." Banks of rivers, canals, &c. See "Malicious Injuries." Banker. See "Agent."

Bankrupt not surrendering: felony, transportation for life or for not less than seven years, or imprisonment, with or without hard labour, for not more than seven years. 6 G. 4, c. 16, s. 112. Indictment, 1 Arch. P. 4. 170. Evidence, Id. 171. Bankrupt not discovering his property, upon examination : felony, same punishment. 6 G.4, c. 16, s. 112. Indictment, 1 Arch. P. A. 172. Evidence, Id. 172, 173. Bankrupt not delivering up his effects, upon examination : felony, same punishment. 6 G. 4, c. 16, s. 112. Indictment, 1 Arch. P. A. 173. Evidence, Id. Bankrupt concealing or embezzling his effects: felony, same punishment. 6 G. 4, c. 16, s. 112. Indictment, 1 Arch. P. A. 173. Evidence, Id. 174.

Barge. See "Larceny," title "Ships."