is a principle of law that he who procures a felony to be done is a felon. (a)

The procurement may be personal, or through the intervention of a third person. (b) It may also be direct by hire, counsel, command, or conspiracy; or, indirect, by evincing an express liking, approbation, or assent to another's felonious design of committing a felony. (c) The procurement must be continuing; for if the procurer of a felony repent, and, before the felony is committed, actually countermand his order, and the principal, notwithstanding, commit the felony, the original contriver will not be an accessory. (d) So, if the accessory order or advise one crime, and the principal intentionally commit another, the accessory will not be answerable. (e) But it is clear that the accessory is liable for all that ensues upon the execution of the unlawful act commanded. (f) A wife is not punishable as accessory for receiving her husband although she knew him to have committed a felony (g); for she is presumed to act under his coercion. But no other relation of persons can excuse the wilful receipt or assistance of felons. (h)

To constitute the offence of accessory after the fact, it is necessary that the accessory have notice, direct or implied, at the time he assists or comforts the felon, that he had committed a felony; and it is also necessary that the felony be complete at the time the assistance is given. (i) As to felonies created by statute, if an Act of Parlia

(a) Russ. Cr. 59.

(b) Reg. v. Earl of Somerset, 19 st. tr. 804; Reg. v. Cooper, 5 C. & P. 535; Arch. Cr. Pldg. 11.

(c) Ib.

(d) Ib. 11.

(e) Ib. 12.

(ƒ) Ib. 12.

(g) Reg. v. Manning, 2 C. & K. 903 n.; Arch. Cr. Pldg. 14.

(h) Ib. 14.

(i) Ib. 15.

ment ordain an offence to be felony, though it mention nothing of accessories before and after the fact, yet virtually and consequentially those that counsel or command the offence, are accessories before the fact, and those who knowingly receive the offenders are accessories after. (a It is a maxim that accessorius sequitur naturam sui principalis, and, therefore, an accessory cannot be guilty of a higher crime than his principal. (b)

An accessory is, in some cases, relieved from responsibility with his principal, when the latter does not act in pursuance of his authority and instructions. If the principal totally and substantially varies from the terms of the instigation; if, being solicited to commit a felony of one kind, he wilfully and knowingly commit a felony of another, he will stand single in that offence, and the person soliciting will not be involved in his guilt. But if the principal complies in substance with the instigation of the accessary, varying only in circumstances of time or place, or in the manner of execution, the accessory will be involved in his guilt; and, even when the principal goes beyond the terms of the solicitation, yet, if in the event the felony committed was a probable consequence of what was ordered or advised, the person giving such orders or advice will be an accessory to that felony. (c)

The 31 Vic. c. 72, makes provision for the trial of accessories before and after the fact. This statute alters the old rule by which an accessory could not be brought to trial until the guilt of his principal had been legally ascertained by conviction. By this act, accessories before the fact are triable in all respects as principal felons; and every principal in the second degree is punishable

in the same manner as the principal in the first degree is punishable.

By s. 8, in the case of a felony wholly committed within Canada, the offence of any person who is an accessory either before or after the fact, to such felony, may be dealt with, enquired of, tried, determined, and punished by any court which has jurisdiction to try the principal felony, or any felonies committed in any district, county, or place in which the act by reason whereof such person shall have become such accessary has been committed

Coinage Offences.-These offences are now regulated by the 32 & 33 Vic., c. 18. A prisoner was indicted under the analogous English section of s. 24 of this Act, for "knowingly and without lawful excuse feloniously" having in his possession a die impressed with the resemblance of the sides of a sovereign. The prisoner ordered dies impressed with the resemblance of the sides of a sovereign of the maker. The maker gave information to the police, who communicated with the authorities of the mint. The latter, through the police, gave the maker permission to give them to the prisoner. He did so, and they were found in the prisoner's possession:-Held, first, that it was necessary in the indictment to negative lawful authority or excuse, notwithstanding that the burden of proof lay upon the accused; secondly, that the word "excuse" includes "authority," and, therefore, the indictment was good; thirdly, that there was no evidence to go to the jury of lawful authority or excuse, for the prisoner was only allowed to carry out his original intention, whatever that might have been, and no authority was given him to have the dies in his possession; fourthly, that the prisoner, being knowingly in possession of the dies, had sufficient guilty knowledge to constitute felony, whatever his intention as to their use might be, for there was nothing in the act to make the in tent any part of the offence. (a) The words as to the (a) Reg. v. Harvey, L. R. 1 C. C. R. 284.

proof being on the accused, only alter the rules of evi dence, and not the rule as to the description of the offence in the indictment. (a)

The 32 & 33 Vic., c. 29, s. 26, applies to a trial on an indictment under s. 12 of the Coinage Act for feloniously having in possession counterfeit coin after a previous conviction for uttering counterfeit coin; and, therefore, the previous conviction cannot be proved until the jury find the prisoner guilty of the subsequent offence. (b) Where coin was counterfeited to resemble smooth worn shillings then in circulation, without any impression whatever upon them, it was held to be a sufficient counterfeiting. (c) By the old law, the counterfeit coin must have appeared to have that degree of resemblance to the real coin that it would likely be received as the coin for which it was intended to pass by persons using the caution customary in taking money; and the coin must have been in a complete and perfect state, ready for circulation. (d) Now, however, by the 32 & 33 Vic., c. 18, s. 32, the offence shall be deemed complete although the coin was not in a fit state to be uttered, or the counterfeiting thereof was not finished or perfected. By s. 30 any credible witness may prove the coin to be false or counterfeit. (e) The Imp. Act 16 & 17 Vic., c. 48, is not in force here. (f) But the Imp. Stat. 16 & 17 Vic., c. 102, respecting gold, silver, and copper coin, applies to this country. (h)

The defendants were indicted under s. 18, of the Con. Stat. Can. c. 90, for having in their custody and posses

(a) Ib. 288, per Bovill, C. J.

(b) Reg. v. Martin, L. R. 1 C. C. R. 214, 39 L. J. (M. C.) 31; Reg. v. Goodwin, 10 Cox, 534 overruled.

(c) Reg v. Wilson Leach, 285; Reg. v. Welsh, ib. 364; Arch. Cr. Pldg. 745. (d) Reg. v. Varley, 2 W. Bl. 682; Reg. v. Harris. 1 Leach, 165; Arch. Or. Pldg. 745.

(e) See also s. 31.

f) See 32 & 33 Vic., c. 18, s. 36.

(g) Warner v. Tyson, 2 L. C. J. 105.