NEW MACISTRATES' AND PARISH OFFICERS' LAW; OR SUPPLEMENT TO BURN'S JUSTICE OF THE PEACE AND PARISH OFFICER. (FROM JANUARY, 1848, TO JANUARY, 1849.) Accessary. property, but who is committed, is PRINCIPAL and Accessary.]—The prisoners were indicted for larceny In larceny, a party who opens in a dwelling-house, and it appeared that one of the prisoners of the name a door for another of Jeffries was clerk to the prosecutor, and that the money-chest of the to enter and steal latter was kept in a room adjoining the office, of the door of which room is not present Jeffries had the key. On the night of the larceny Jeffries was proved to when the larceny have unlocked this door, and then to have gone away; about twenty not a principal. minutes afterwards the other prisoner, Bryant, came to the room and removed the money-chest. It was attempted to be shown, on the part of the prisoner, Jeffries, that he was three-quarters of a mile from the prosecutor's premises at the time Bryant was there. Cresswell, J., told the jury "that where one person opens the door of a house which contains the articles stolen and then goes away, and another, in his absence, but acting in concert with him, enters the house and commits the larceny, the one who opens the door is not guilty as a principal in the act," and on his lordship being referred to the case of Rex v. Jordan, 7 C. & P. 432, he consulted with Mr. Justice Patteson, and having done so said that that learned judge agreed with him, and, thereupon, he directed the jury that if they believed that Jeffries was not present assisting Bryant at the time of the removal of the chest, to acquit him. (Reg. v. Jeffries and Bryant, 3 Cox's Crim. Cas. 85.) aiders and abet By the 11 & 12 Vict. c. 43, s. 5, it is enacted, "that every person who Prosecution and shall aid, abet, counsel or procure the commission of any offence which punishment of is or hereafter shall be punishable on summary conviction, shall be liable tors in the comto be proceeded against and convicted for the same, either together with mission of the principal offender, or before or after his conviction, and shall be liable, B offences. c. 42. For what offences a warrant or summons to cause a person charged therewith to be brought before him. on conviction, to the same forfeiture and punishment as such principal offender is or shall be by law liable, and may be proceeded against and convicted either in the county, riding, division, liberty, city, borough, or place where such principal offender may be convicted, or in that in which such offence of aiding, abetting, counselling, or procuring may have been committed." (See "Challenges," "Criminal Justice," "Indictment.") Actions (see the different titles, "Justices of the Peace, &c.") Administration of Justice Acts. (No. 1.) 11 & 12 VICT. BY the 11 & 12 Vict. c. 42, intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales, with respect to Persons charged with indictable Offences," after reciting that it would conduce much to the improvement of the administration of criminal justice within England and Wales, if the several statutes and parts of statutes relating to the duties of Her Majesty's justices of the peace therein, with respect to persons charged with indictable offences, were consolidated, with such additions and alterations as may be deemed necessary, and that such duties should be clearly defined a justice of the by positive enactment, it is enacted, "that in all cases where a charge or peace may grant complaint (A.) shall be made before any one or more of Her Majesty's justices of the peace for any county, riding, division, liberty, city, borough, or place within England or Wales, that any person has committed or is suspected to have committed any treason, felony, or indictable misdemeanor, or other indictable offence whatsoever, within the limits of the jurisdiction of such justice or justices of the peace, or that any person guilty or suspected to be guilty of having committed any such crime or offence elsewhere out of the jurisdiction of such justice or justices is residing or being or is suspected to reside or be within the limits of the jurisdiction of such justice or justices, then and in every such case, if the person so charged or complained against shall not then be in custody, it shall be lawful for such justice or justices of the peace to issue his or their warrant (B.) to apprehend such person, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to answer to such charge or complaint, and to be further dealt with according to law: provided always, that in all cases it shall be lawful for such justice or justices instead of issuing to whom such charge or complaint shall be preferred, if he or they shall so think fit, instead of issuing in the first instance his or their warrant to apprehend the person so charged or complained against, to issue his or their summons (C.) directed to such person, requiring him to appear before the said justice or justices at a time and place to be therein mentioned, or before such other justice or justices of the same county, If the summons riding, division, liberty, city, borough, or place as may then be there, and if after being served with such summons in manner hereinafter mentioned he shall fail to appear at such time and place, in obedience to such summons, then and in every such case the said justice or justices, or any other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place may issue his or their warrant (D.) to apprehend such person so charged or complained against, and cause such person to be brought before him or them, or before some other justice or justices of the peace for the same county, riding, division, liberty, city, In what cases the party may be summoned! a warrant in the first instance. be not obeyed, then a warrant may be issued. |