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terested motives, and thus more clearly to delineate the crime. But this mode of penuing the act leaves many cases unprovided for, which are not unlikely to occur, as, for instance, the abduction of an adopted child. It is no excuse that the woman was first taken away with her own consent, if she afterwards refused to continue with the offender: 1 Russ. 571. And it seems certain, that if she were originally taken away against her will,

the fact is still indictable, though she afterwards consent, the offence being complete at the time of taking. If, however, she be taken against her will in one county, and afterwards go voluntarily into another, the fact is only indictable in the former, the case not being within the 7 Geo. 4, c. 64, sec. 12. (See post, tit. "Indictment.”)

The 20th section of this statute is framed in order to meet such cases as that of Wakefield.

lon, although

the offence

be commit

ted on the seas or

abroad.

ACCESSORIES.

7 Geo. 4, c. 64.

Accessory IX. For the more effectual prosecution of accessories before the before the fact to felony, be it enacted, that if any person fact may be tried as such, shall counsel, procure, or command, any other person to or as a sub-commit any felony, whether the same be a felony at comstantive fe- mon law, or by virtue of any statute, or statutes, made, or to be made, the person so counselling, procuring, or commanding, shall be deemed guilty of felony, and may be indicted and convicted, either as an accessory before the fact, to the principal felony, together with the principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive felony, whether the principal felon shall, or shall not, have been previously convicted, or shall, or shall not, be amenable to justice, and may be punished in the same manner as any accessory before the fact, to the same felony, if convicted as an accessory, may be punished; and the offence of the person so counselling, procuring, or commanding, howsoever indicted, may be inquired of, tried, determined, and punished, by any court which shall have jurisdiction to try the principal felon, in the same manner as if such offence had been committed at the same place as the principal felony, although such offence may have been committed, either on the high seas, or at any place on land, whether within his Majesty's dominions, or without; and that in case the principal felony shall have been committed without the body of any county, and the offence of counselling, procuring, or commanding, shall have been committed within the body of any other in different county, the last-mentioned offence may be inquired of, tried, counties, ac determined, and punished, in either of such counties: pro cessory may vided always, that no person, who shall be once duly tried either. for any such offence, whether as an accessory before the fact, or as for a substantive felony, shall be liable to be again indicted, or tried for the same offence.

If the offences be committed

be tried in

the princi

X. And, for the more effectual prosecution of accessories Accessory after the fact to felony, be it enacted, that if any person after the shall become an accessory after the fact to any felony, tried by any fact may be whether the same be a felony at common law, or by virtue court which of any statute or statutes, made, or to be made, the offence has jurischeof such person may be inquired of, tried, determined, and ion to try punished, by any court which shall have jurisdiction to try pai felon. the principal felon, in the same manner as if the act, by reason whereof such person shall have become an accessory, had been committed at the same place as the principal felony, although such act may have been committed, either on the high seas, or at any place on land, whether within his Majesty's dominions, or without; and that, in case the principal felony shall have been committed within the body of any county, and the act, by reason whereof any person shall have become accessory, shall have been fences be committed within the body of any other county, the offence committed of such accessory may be inquired of, tried, determined, in different and punished, in either of such counties. Provided always, counties, ac. that no person, who shall be once duly tried for any offence be tried in of being an accessory, shall be liable to be again indicted, either. or tried, for the same offence.

If the of

cessory may

of the prin

XI. And, in order that all accessories may be convicted may be pro. Accessories and punished in cases where the principal felon is not at- secuted after tainted, be it enacted, that if any principal offender shall conviction be in any wise convicted of any felony, it shall be lawful to cipal, though proceed against any accessory, either before or after the the princifact, in the same manner as if such principal felon had been pal be not attainted thereof, notwithstanding such principal felon shall attainted&c. die, or be admitted to the benefit of clergy, or pardoned, or otherwise delivered before attainder; 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 attainted.

indictable for

Note-A repealed clause (sec. 4.) of the 3 Geo. 4. c. 38, had made an accessory before the fact, in burglary, robbery, and grand larceny, a misdemeanor only, where the principal had not been convicted; so that, until the present statute, such an accessory, unless convicted as an accessory,

that is to say, after conviction of
was not deemed a

the principal,
felon.
The eleventh section of this sta-
tute is founded on a repealed sec-
tion of 1 Anne, st. 2, c. 9. As, at
common law, an accessory could
sot be tried, unless the principal

were attainted, it followed, that if the principal stood mute of malice, or challenged peremptorily above the legal number of jurors, or refused to answer directly to the charge, the accessory could not be put upon his trial. Fost. 363. So also, if the principal died before attainder, or were admitted to the benefit of clergy, or received a pardon, and duly pleaded such pardon, the attainder being thus barred, the accessory escaped. These defects were remedied by the statute of Anne, which is essentially in the same terms as the present statute, except that it contains clauses re

specting the principal standing mute, &c. which are not now necessary. (See 7 & 8 Geo. 4, c. 28, ss. 2 & 3.) It may here be remarked, that if an act of Parliament enact an offence to be felony, though it mention nothing of accessories before or after, yet virtually and consequentially they that counsel

or command the offence, are accessories before the fact, and they who knowingly receive the offender are accessories after. 1 H. P. C. 613. Receivers of stolen goods may be tried either as accessories, or for a substantive felony. (See post, tit, " Receiving Stolen Goods.")

Statute of

ton.

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Item, it is enacted, that no man, great nor small, of what Northamp- condition soever he be, except the King's servants, in his presence, and his ministers, in executing of the King's precepts, or of their office, and such as be in their company assisting them, and also upon a cry made for arms to keep the peace, and the same, in such places where such acts happen, be so hardy to come before the King's justices, or other of the King's ministers, doing their office with force and arms, nor bring no force in affray of the peace, nor to go, nor ride armed at night, nor by day, in fairs, markets, nor in the presence of the justices or other ministers, nor in no part elsewhere, upon pain to forfeit their armour to the King, and their bodies to prison, at the king's pleasure. And that the King's justices, in their presence, sheriffs, and other ministers, in their bailiwicks, lords of franchises, and their bailiffs in the same, and mayors, and bailiffs of cities and boroughs, within the same cities and boroughs, and borough-holders, constables, and wardens of the peace within their wards, shall have power to execute this act, And that the justices assigned, at their coming down into the country, shall have power to inquire how such officers and lords have exercised their offices in this case, and to punish them whom they find that have not done that which pertained to their office,

Note.-Anaffray is a public offence, to the terror of the king's subjects: 3 Inst. 158. It cometh of the French word affrayer, to affright; and therefore may be without word or blow given, and so is the word used in the statute of Northampton: Cowell. But it seems that, before that statute, a blow was necessary to constitute an affray. Lord Coke says, " albeit

upon the single combat no death ensue nor blood drawn, yet the very combat for revenge is an affray, and is to be punished by fine and imprisonment," &c. 3 Inst. 158, which words would imply, that any thing less than a combat is not an affray for which a man can be indicted at common law.

7 Ric. 2, c. 13.

No man shall ride in harness within the realm, launcegays.

nor with

20 Ric. 2, c. 1.

First, whereas, in a statute made the seventh year of the reign of the King that now is, it is ordained and assented, that no man shall ride armed within the realm, against the form of the statute of Northampton thereupon made, nor with launcegays within the same realm; and that the said launcegays shall be utterly put out within the said realm, as a thing prohibited by the King, upon pain of forfeiture of the same launcegays, armours, or any other harness, in the hands and possession of them that bear them from henceforth, within the same realm, against the same statutes and ordinances, without the King's special license. Our Lord the King, considering the great clamour made to him in this present Parliament, because that the said statute is not holden, hath ordained and established in the said Parliament, that the said statutes shall be fully holden and kept, and duly executed, and that the said launcegays shall be clear put out, upon the pain contained in the said statute of Northampton, and also to make fine and ransom to the King. And, moreover, that no lord, knight, nor other, little nor great, shall go, nor ride by night nor by day armed, nor bear sallet nor skull of iron, nor of other armour, upon the pain aforesaid, save and except the King's officers and ministers in doing their office.

ARSON.

(See, also, tit. “ Burning.”)

7 & 8 Geo. 4, c. 30.

chapel,

II. Be it enacted, that if any person shall unlawfully and Setting fire maliciously set fire to any church or chapel, or to any cha- to a church, pel for the religious worship of persons dissenting from the house, or united church of England and Ireland, duly registered or certain recorded; or shall unlawfully and maliciously set fire to buildings. any house, stable, coach-house, outhouse, warehouse, office, shop, mill, malthouse, hop-oast, barn, or granary, or to any building or erection used in carrying on any trade or manufacture, or any branch thereof, whether the same, or any of them respectively, shall then be in the possession of the offender, or in the possession of any other person, with intent thereby to injure or defraud any person, every such offender shall be guilty of felony, and, being convicted thereof, shall suffer death as a felon.

Note.-This enactment is founded chiefly on the 43 Geo. 3, c. 58, s. 1, which is repealed. The clause relating to churches and chapels is said to be new. Upon an indictment for arson at common law, it

was necessary to prove, in addition to the actual burning, that the property in question came under the description of domus, and that it belonged to another person. The word domus, however, necessarily

excluded various kinds of property; and much inconvenience arose from the rule as to the ownership or occupation being in another person. Thus, it was determined, that if a tenant set fire to the house of his landlord, before the tenancy expired, he was not guilty of arson: Breeme's case, 1 Leach, 220, 4th ed. These defects have been remedied by various statutes, and ultimately by the present. It is to be observed, that the present act uses the words "set fire to" alone, and not "burn or set fire to," which are the words of the repealed statute of 52 Geo. 3, 130. But from analogy to Taylor's case, 2 E. P. C. c. 21, s. 4, an actual burning must be proved, in order to bring a case within the act.

In an indictment for arson, either at common law, or upon this statute, the parish in which the of fence is alleged to have been committed must be laid according to the truth. With regard to the species of property mentioned in the statute, it seems clear, that under the general word "outhouse," various buildings may be comprehended. Thus a school-room, which was separated from the dwellinghouse by a narrow passage, about a yard wide, the roof of which was partly overhung by that of the dwelling-house, the two buildings, together with some others, and the court which enclosed them, being rented by the same person, was ruled to be well described as an outhouse: Winter's case, R. & R. 295. It can scarcely be conceived that a dairy-house or a mill-house should not be deemed an outhouse

Attempting

to murder,

within the act; but, at any rate, if they be parcel of the mansionhouse, the burning of them is indictable at common law: 3 Inst. 67. The possession may be laid in different persons, in separate counts. And, if the premises be described as in the possession of A. B., proof that they are in the possession of the tenants of A. B. will support the indictment: Rex v. Ball, R. & M. 30. Where a parish pauper set fire to a house in which he was put to reside by the overseers, and the trustees, in whom the legal ownership was vested, were not known, it was holden, that it might be decribed as the house of the overseers, or of persons unknown. Rex V. Rickman, 2 E. P. C. 1034. As the words of the statute must be strictly pursued, it will be essential, in laying the intent, not to omit the word, "thereby." Anon. 5 Ev. s. 334. If a man, maliciously intending to burn the house of A., happen to burn the house of B., he may be indicted as having maliciously burned the house of B.: 1 Haw. P. C. c. 18. s. 18. The fact of burning is, in the absence of other circumstances, strong presumptive evidence of a felonious intent, for a man must necessarily be deemed

to

act.

have intended the mischief which is the consequence of the Rex v. Farrington, R. & R. 207. See further upon the points of evidence relative to arson, Minton's case, 2 E. P. C. 1021; Probert's case, id. 1030; Isaac's case, id. 1031; Rickman's case, id. 1034; Gillson's case, 2 Leach, 1007; v. Doran, 1 Esp. 127.

ASSAULTS.

(See, also, tits. "Smuggling,” and “ Rescue.”)

9 Geo. 4, c. 31.

Rex

XI. Be it enacted, that if any person unlawfully and ma

by means of liciously shall administer, or attempt to administer, to any

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