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such act may have been committed either on the high seas or at If offences be any place on land, whether within his Majesty's dominions or committed in without; and that in case the principal felony shall have been different councommitted within the body of any county, and the act by reason ties, accessory whereof any person shall have become accessory shall have been may be tried committed within the body of any other county, the offence of in either. such accessory may be inquired of, tried, determined, and punished in either of such counties: provided always, that no person who shall be once duly tried for any offence of being an ac- One trial only. cessory, shall be liable to be again indicted or tried for the
same offence.' " The eleventh s. of the same statute, in order that all accessories S. 11. Acces
may be convicted and punished in cases where the principal fe- sory may be lon is not attainted, enacts, ó that if any principal oftender shall prosecuted afbe in any wise convicted of any felony, it shall be lawful to pro- of principal, ceed against any accessory, either before or after the fact, in the same manner as if such principal felon had been attainted
though the thereof, notwithstanding such principal felon shall die or be ad
not attainted, mitted to the benefit of clergy, or pardoned, or otherwise deli- &c. vered before atlainder ; and every such accessory shall suffer the same punishment, if he or she be in any wise convicted, as he or she should have suffered if the principal had been at
tainted.' “ Where the proceedings are against the accessory only, the name Indictment
of the principal should be stated in the indictment if it is against accesknown; and where it was stated in an indictment against an ac- sories. cessory to a felony, that the felony was committed by a person to the jurors unknown, and it appeared that the principal felon was a witness before the grand jury, it was holden that the in
dictment could not be supported.(e) “An indictment against an accessory should state that the princi
pal committed the offence; and it is not sufficient merely to state, that he was indicted for the offence, as the indictment is only an accusation, and it does not follow that he really com
mitted the offence, because he was indicted for it (f) “ Formerly, if a man had been indicted as accessory in the same A man may be
felony to several persons, he could not have been arraigned till arraigned as all the principals were convicted and attainted: but it was after- accessory to wards settled, that if a man were indicted as accessory to two or
such of the more, and the jury found him accessory to one, it was a good principals as verdict, and judgment might pass upon bim. (g)
are convicted. “ If A. be indicted as principal, and B. as accessory, and both be Former ac
acquitted, or if B. only be acquitted, yet B. may be indicted as quittal, when
be liable to be again indicted or tried for the same offence.(I)"
accessory are quite different. See Fost. (f) Lord Sanchar's case, 9 Co. 117 a. 361, 362.
(g) Fost. 361. 9 Co. 119. 1 Hale (k) 1 Hale 626. 624. 2 Hawk. P. C. c. 29. s. 46. Plowd. (1) 7 G. 4. c. 64. s. 10.; and see also 98, 99. Fost. 361.
9.9. (h) 1 Hale 625. Rex v. Winifred and
Persops haying implements of housebreaking, &c. with felonious intent. And reputed thieves, &c.
Other acts criminal from the intent.
4 , dele, from the paragraph beginning "Where a person is feloniously
stricken,” to the bottom and also the next page. 47, dele, the paragraph beginning, "With respect to persons having imple
ments," and insert as follows:-"With respect to persons having implements for bouse-breaking, &c. in their possession with a felonious intent, the legislature has made some provisions. The 5 G. 4. c. 83. s. 4. enacts, “ That every person having in his or her custody or possession any picklock key, crow, jack, bit, or other implement, with intent feloniously to break into any dwelling-house, warehouse, coach-house, stable, or out-building, or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or having upon him or her any instrument with intent to commit ang felonious act; and every person being found in or upon any dwelling-house, warehouse, coach-house, stable, or out-house, or in any inclosed yard, garden, or area for any unlawful purpose, and every suspected person or reputed thief frequenting places of public resort and other places specified in the act with intent to commit felony shall be deemed a rogue and vagabond within the intent and meaning of that statute. And in some instances an act, accompanied with a certain intent, has been made a felony by particular statutes; as by the 7 & 8 Geo. 4. c. 29. s. 38., the severing with intent to steal the ore of any metal, or any coal, &c. from any mine, bed or vein thereof is made felony punishable as simple larceny. And by the 7 & 8 G. 4. c. 30. s. 3., the damas. ing certain articles in a course of manufacture, with intent to to destroy them, and the entering certain places with intent to commit such offence, is made felony punishable by transporta
tion for life or imprisonment, &c.' 58, line 15, dele from the word “ felony" to the end of the paragraph, and
then add, “ But clergy is not taken away, and the punishment under this statute would have been formerly only a year's imprisonment by the general statute of 18 Eliz c. 7. 5. 3. (m) That statute is repealed by 7 & 8 G. 4. c. 27. but the statute 7 & 8 G. 4. c. 28. s. 8. enacts, that every person convicted of any felony for which no punishment hath been or hereafter may be specially provided, shall be deemed to be punishable under this act, and shall be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court
shall so think fit), in addition to such imprisonment.” 62, line 15, after the word accessories dele to the end of the paragraph and insert
“But it was questioned whether if they were liable to transportation or to any other punishment than was authorised by the general act of 18 Eliz. c. 7. s. 3. If so they would now be punisha
ble only under the general provision of 7 & 8 G. 4. c. 28. s. 8." 81, at the end of note (q) add " But the statute 18 Eliz. is repealed by 7 & 8
G. 4.c. 29, See however the clause 7 & 8 G. 4. c. 28. s. 8. giving
a general punishment for felony." 101, note (e), after 22 & 23 Car. 2. c. 11. s. 9. add “ repealed by 9 G. 4. c.
31." 106, note (p) after 1 Ed. 6. c. 12. s. 10. add “ now repealed by 9 G. 4. c.
31." 109, line 16, after 43 G. 3. c. 58. add " now repealed.” note (6) after I G. 4. c. 90. s. 1. add “but is now repealed, new provi
sions being substituted for it by 9 G. 4. c. 31." 110, line 10, after the word “ appoint” add " and the late act 7 G. 4. c. 38.
was passed to enable the commissioners for trying offences committed
upon the sea and justices of the peace to take examina
Felonies not capital, punisbable under the acts, if any relating thereto; otherwise under this act.
(m) Rex v. West, and others, 1 East. P. clergy the offenders might be imprisoned C. c. 4. s. 11. p. 162. The stat. 18 Eliz. for any time not exceeding a year. e. 7. 8. 3. provided that upon allowance of
tion touching such offences and to commit to safe custody per
sons charged therewith." At the end of the page add, " By 7 & 8 G. 4. c. 28. s. 12. all offences prose- Punishments,
secuted in the High Court of Admiralty of England shall upon 7 & 8 G. 4. c. every first and subsequent conviction be subject to the same pu- 28. s. 12. nishments, whether of death or otherwise as if such offences had been committed upon the land.” The statute 9 G. 4. C 31. s. 32. enacts that all indictable offences 9 G. 4. c. 31.
mentioned in this act which shall be committed within the juris. Provisions for diction of the Admiralty of England, shall be deemed to be of- offences fences of the same nature, and liable to the same punishments, against this
act committed as if they had been committed upon the land in England, and may be dealt with, enquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty of England. Provided always, that Not to effect nothing herein contained shall alier or affect any of the laws re- the laws rela
lating to the government of his Majesty's land or naval forces.” ting to the 120, line 10, from the bottom after the word “ game” insert " By 7 G. 4. c. forces.
48. s. 19. it is enacted “ that every intimation to any smuggling
ed that no writ of certiorari shall issue from the King's
under any such act.”
so much of this statute as relates to any person who shall beat,
by the recent act 9 G. 4. c. 31.
person who shall beat, wound, or use any other violence to any person or driver and so much thereof as makes any second offence felony is repealed by the late aet 9 G. 4. c. 31. but other provisions are made for the punishment of offences of this description. The 26th section enacts “that if any person shall beat, wound, or 96. 4. c. 31.
use any other violence to any person, with intent to deter or hin- Assaults with der him from selling or buying any wheat or other grain, flour, intent to obmeal, or malt, in any market or other place, or shall beat, struct the wound, or use any other violence to any person having the care buying or sellor charge of any wheat or other grain, flour, meal, or malt ing of grain, whilst on its way to or from any city, market-town, or other or the free place, with intent stop the conveyance of the saine, every of, punishable such offender may be convicted thereof before two justices of
summarily bethe peace, and imprisoned and kept to hard labour in the fore two ma
common gaol or house of correction, for any term not exceeding three calevdar months; provided always that no person, who shall be punished for any such offence, by virtue of this provision, shall be punished for the same offence by virtue of any
other law whatsoever.” 136, line 10, dele the whole of the paragraph and insert “ It may be observed
that to take any reward for helping a person to stolen goods is felony by 7 & 8 G. 4. c. 29. s. 58., and to advertise a reward for the return of things stolen, incurs a forfeiture of fifty pounds
by the fifty-ninth section of the same act.” (n) 147, line 12, dele the first sentence of the paragraph, and insert “ It is an of242, line 13, after " 2 & 3 Ph. & M. c. 10." add “both now repealed by 7 Geo.
9 G. 4. c. 31.
fence at common law to refuse to serve an office when duly elected. (0) And the refusal of persons to execute ministerial offices to which they are duly appointed and from the execution of which they have no proper ground of exemption seems in ge
neral to be punishable by indictment.” 168, line 25, after “33 H. 3. c. 23.” insert“ repealed by 9 G. 4. c. 31.” 187, line 7, after “ 4 Ed. 1. st. 3. c. 5."insert" now repealed by 9 G. 4. c. 31.” note (6) after “ 18 Edw. 3. st. 3. c. 2.,” add “now repealed by 9 G. 4.
c. 31.” and after “ 1 Ed. 6. c. 12. s. 16.” add “ also repealed by
the same act of 9 G. 4. c. 31." 188, line 15, dele the words, “ In the construction of this statute," and insert
as follows: “The provisions of this statute were in several respects defective. A person whose consort had been abroad for seven years, though known to be living, might have married again with impunity. And so might a person who was only divorced a mensa et thoro. The recent statute, 9 Geo. 4. c. 31., therefore repeals the statute of James, and by s. 22. enacts, • that if any person, being married, shall marry any other person during the life of the former husband or wife, whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years; and any such offence may be dealt with, inquired of, tried, determined, and punished in the county where the offender shall be apprehended, or be in custody, as if the offence had been actually committed in that county; provided always, that nothing herein contained shall extend to any second marriage contracted out of England by any other than a subject of his Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not bave been known by such person to be living within that time, or shall extend to any person who at the time of such second marriage shall have been divorced from the bond of the first marriage, or to any person whose former marriage shall have been declared void by the sentence of any Court of competent jurisdiction. The statute of James is however still in force with respect to offences committed before or upon the last day of June, 1828. In the construction of this
statute of James." 208, at the end of the chapter add—“This statute is however repealed by the
9 Geo. 4. c. 31. except as to offences committed before or on the last day of June, 1828, and the enactment of the new statute as to punishment is, (as we have seen,) that the offender shall be liable to be transported beyond the seas for the term of seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years."
(n) See this statute more at large post. Book IV. Chap. XXVIII.
(0) Rex v. Bower, 1 B & C. 587.
4. c. 64. S. 33."
page, and then insert —*The 1 Geo. I. st. 2. c. 5. s. 4. was re-
Geo. 4. C. 7 & 8 Geo. 4. 30. s. 8. enacts, that if any persons, riotously and tumultuously c. 30. s. 8. assembled together to the disturbance of the public peace, shall Rioters demounlawfully and with force demolisli, pull down, or destroy, or lishing, &c. & begin to demolish, pull down, or destroy, any church or chapel, church, chaor any chapel for the religious worship of persons dissenting pel, house, or from the united church of England and Ireland, duly registered certain buildor recorded, or any house, stable, coach-house, out-house, ings, or any warehouse, office, shop, mill, malt-house, hop oast, barn, or gra
machinery in nary, or any building or erection used in carrying on any
any or manufacture, or any branch ihereof, or any machinery, whe
tory or mine. ther fixed or moveable, prepared for or employed in any manufacture, or in any branch thereof, or any steam engine, or other engine for sinking, draining, or working any mine, or any staith, building, or erection used in conducting the business of any mine, or any bridge, waggon-way, or trunk for conveying minerals from any mine, every such offender shall be guilty of felony, and, being convicted thercof, shall suffer death as a
4. c. 27. but the statute 7 & 8 Geo. 4. c. 31. consolidates and
the statute in the Addenda to Vol. II.
and also the following page to the words, "without benefit of
clergy.(y)" 252, note (a) dele ** 41 Geo. 3. c. 24.” to the end of the note, aud insert "7&8
Geo. 4. c. 31." 253, dele the note (r). 276, dele the paragraph beginning with the words “ With respect to challenges
given on account of money won at play." 278, dele from the paragraph beginning “ By the second section,” to the bottom,
and also the following page, to the words “ within the meaning
of the statute. (h)".
clergyman," and insert, By the recent statute 9 Geo. 4. c. 31. 9 G. 4. c. 31.
the Court shall award.'”
Abbott, C. J., says, “I take it to be a general rule, that a party
Miles, 4 M. & S. 101."
over which another has a way, this is a nuisance to the way, for
that many bridges on turnpike roads are by prescription liable to