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Page 2 W. 4. c. 34. § 10. Making, mending, or having Possession of any Coining Tools

144 § 11. Conveying Tools or Monies out of the Mint

144 § 12. Offences relating to the Copper Coin 145.

152 § 13. Coin suspected to be diminished, &c. may be cut

145 § 14. Discovery and Seizure of Counterfeit Coin and coining Tools, &c.

146 $ 15. Venue

146 § 16. Indictment

146 $ 17. Proof of Coin being Counterfeit 147 § 18. Accessaries

147 $ 19. Power of the Court

147 § 20. Offences committed at Sea

147 $ 21. Interpretation of Rules

147 § 22. Venue, &c.

148 2 & 3 W.4. c. 62. § 1. Larceny

478 § 2. Transportation

914 c. 75. Anatomy Schools

84 c. 106. Forgery

268 c. 123. Forgery

265 3 & 4 W. 4. c. 44. s 1. Larceny

478 c. 41. § 3. Forgery

265 c. 49. Quakers

205. 666. 879 c. 53. Smuggling

859 c. 71. Assizes

62 c. 82. Separatists

205. 879 c. 97. Forged Dies

269 c. 106. § 10. Attainder - Corruption of Blood

64 4 W. 4. c. 6. 87. Transportation

916 § 8. Stores

873 4 & 5 W. 4. c. 23. s 3. Forfeiture

248 c. 26. Commitment

165 c. 27. Sessions

835 c. 36. Sessions

837 c. 47. Sessions

802 c. 67. Transportation

915 5 W. 4. c. 1. § 1. Execution

- 1003 5 & 6 W. 4. c. 19. § 38. Seamen

· 1031 c. 33. § 3. Bail

- 998 c. 38. Ś 3. Commitment

- 1002 c. 50. s 21. Nuisance

· 1021 $ 99.

- 1023 c. 59. 8 2. Cattle

· 1000 c. 62. 2. Perjury

· 1024 c. 76. Sessions

1036 c. 81. Post Office

- 1030 6 W. 4. C. 4. Post Office

· 1031

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TABLE OF THE NAMES OF TITLES

CONTAINED IN THE THIRD VOLUME.

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Page

Page ACCESSARY

1 Forestalling, Ingrossing, and Admiralty Court 22 Regrating

245 Affray 26 Forfeiture

248 Approver 30 Forgery

251 Arraignment 33 Game

292 Arrest 34 Gaming

311 Assault and Battery 48 Homicide

332 Assizes 58 House

354 Attachment 63 Hue and Cry

356 Attainder 63 Indictment

360 Bail 64 Infants

402 Banks, destroying 76 Judgment

405 Bankrupt 77 Larceny

412 Barratry 77 Letters

503 Bastard 79 Lewdness

508 Black Act 79 Libel

510 Blasphemy and Profaneness 79 Lunatics

525 Bodies (dead), Offences relating Maim

. 529 to 83 Maintenance

530 Bribery 85 Malicious Injuries

533 Buggery 86 Misdemeanor

564 Burglary 87 Mute

565 Burning 108 Nuisance

566 Cattle 118 Oaths

640 Cheat 127 Office

644 Child-stealing 139 Pardon

651 Coin

656

140 Perjury and Subornation Commitment 160 Pillory and Tumbrel

668 175 Plate Conspiracy

669 Dogs 181 Polygamy

673

682 185 Popery Egyptians

687 186 Post Office Escape Examination 196 Præmunire

698 Execution 211 Presentment

699 Extortion 211 Prison-breaking

700

704 214 Prisoners of War Felony, &c. Fireworks

705 219 Process Fish and Fisheries 220 Prophecies

717

718 Porcible Entry and Detainer • 224 Public Worship

720 239 Purveyors Foreign Service

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Page

Page Rape

721 Spring-Guns, Man-Traps, &c. 863 Rescue 727 Stock of Companies

864 Restitution of stolen Goods 735 Stocking Frames

865 Riot, Rout, and unlawful Assem- Stores

865 bly, Training to Arms, &c. 738 Surety of the Peace

874 Rivers and Navigation

770 Surety for the good Behaviour 885 Robbery 775 Transportation

901 Sacrilege 790 Traverse

920 Seamen 791 Treason

924 Search Warrant 796 Trespasses

931 Servants 799 Vagrants

932 Sessions of the Peace 800 Warrant

947 Sessions, Petty and Special 848 Wife

957 Ships 853 Witchcraft

963 Slander 856 Women

963 Slave Trade

Wood

966 Smuggling 859 Wreck

968

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CRIMINAL

LAW.

Abduction. See Child-stealing, and women.

Abortion. See Homicide.

Accessary.

I. Of Accessaries in general.

[27 Eliz. c. 2.]
II. Of Accessaries before the Fact.

[57 G. 3. c. 127.]
III. Of Accessaries after the Fact.
IV. Hor Accessaries to be proceeded against.

[7 G. 4. c. 64. — 7 & 8 G. 4. c. 29. c. 30. — 9 G. 4.

c. 31.)
V. Receivers of Stolen Goods.

[7 & 8 G. 4. c. 29.]

A

I. DE Accessaries in general.
N accessary (quasi accedens ad culpam) is he who is not the Accessary,

chief actor in the offence, nor present at its performance, what.
but is some way concerned therein, either before or after the fact
committed. 4 Blac. Com. 35.

In the highest capital offence, namely, high treason, there are In treason, no no accessaries, neither before nor after; for all consenters, aiders, accessaries. abettors, and knowing receivers and comforters of traitors are principals. 1 Hale, 613.

But yet as to the course of proceeding, it hath been and indeed ought to be the course, that those who did actually commit the very fact of treason should be first tried, before those that are principals in the second degree; because otherwise this inconvenience might follow, that the principals in the second degree might be convicted, and yet the principals in the first degree may be acquitted, which would be absurd. ` 1 Hale, 613.

VOL. 111.

B

statute.

In the lowest So in cases that are criminal, but under the degree of felony, offences, no there are no accessaries ; for all the accessaries before are in the accessaries.

same degree as principals; and accessaries after, by receiving the offenders, cannot be in law under any penalties, as accessaries, unless the acts of parliament, that induce those penalties, do expressly extend to receivers or comforters, as some do. 1 Hale,

613. 4 Blac. Com. 36. (See also post, p. 9.) Accessaries Therefore the business of this title of accessary refers only to only in felonies. felonies, whether by the common law, or by act of parliament.

Concerning which, Ld. Coke observes, generally, that when an Accessaries

offence is felony, either by the common law, or by statute, all implied in felony.

accessaries both before, and after, are incidentally included.

3 Inst. 59. Accessaries in But as to felonies by act of parliament, Ld. Hale distinguishes felonies by thereupon as follows ; regularly (he says) if an act of parliament

enacts an offence to be felony, though it mention nothing of accessaries before or after, yet virtually and consequently those that counsel or command the offence, are accessaries before ; and those that knowingly receive the offender, are accessaries after.

1 Hale, 613. Construction.

But if the act of parliament, that makes the felony, in express terms comprehend accessaries before, and make no mention of accessaries after, namely, receivers or comforters, there it seems there can be no accessaries after ; for the expression of procurers, counsellors, abettors, all which import accessaries before, makes it evident, that the law-inakers did not intend to include accessaries after, which is an offence of a lower degree than accessaries before. 1 Hale, 614.

Yet, says Mr. Hawkins, I take it to be settled at this day, that, in these and all other cases, where a statute makes any offence treason or felony, it involves the receiver of the offender in the same guilt with himself, in the same manner as in treason or felony at common law, unless there be an express provision to the contrary. 2 Haw. c. 29. § 14.

And although it be generally true, that an act of parliament, creating a felony, renders, consequentially, accessaries before and after within the same penalty, yet the special penning of the act sometimes varies the case. i Hale, 614

Thus the statute of 27 Eliz. c. 2. makes the coming in of a Jesuit treason, the receiving or relieving of him felony, the contributing of money to his relief a præmunire. So that acts of parliament may diversify the offences of accessary or principal, according to the various penning thereof, and so have done in many cases. 1 Hale, 615.

Lord Coke and Mr. J. Foster considered the word command as comprehending all those who incite, procure, set on, or stir up, any

other to do the fact. 2 East's P. C. 641. How far acces

Also a statute, excluding the principals from the benefit of saries by statute clergy, doth not thereby exclude the accessaries before or after ; shall have their neither doth a statute, excluding the accessaries, thereby exclude clergy. the principals. 2 Haw. c. 33. § 26.

Although benefit of clergy is now abolished, this passage has been nevertheless retained, to point out that a criminal statute may apply to a principal, or to an accessary, exclusively. (See next page, and also p. 9.)

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