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And it ought to be found in the same county, where the offence was committed (d). H. P. C. 203. (e)

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prosecution, it seems that they may examine others. Dick. Sess. 116. 117. 1 Chit. C. L. 318. Jac. Dict. Indictm. Dick. Just. Indictm. IV. Burn's Just. Indictm. V. — 3. The evidence produced to them should be the best. Leach, 514. 2 Hawk. c. 25. s. 138. 139. 6 T. R. 294. 3 Campb. 401. 1 Salk. 232. 1 Chit. C. L. 319. — 4. And, upon oath. 2 Hawk. c. 25. s. 138. 5. The witnesses competent. 2 Hawk. c. 25. s. 145. n. 6. Which the prosecutor is; and without a release, unless in forgery. 2 Hawk. c. 25. s. 145. n. 4 East, 582. 1 Leach, 150. 157. 2 East, P. C. 1003.-7. So an unconvicted accomplice, though not previously admitted as king's evidence. 1 Leach, 155.-8. And in treason against the king's person or government, there must under the statute be two witnesses, or else a voluntary confession. 1 East, P. C. 128. 168. — 9. Though one witness to one overt act, and another witness to another overt act will suffice. East, P. C. 129. 2 Hawk. c. 25. s. 141.— 10. The grand jury ought to be thoroughly persuaded of the truth of an indictment, so far as their evidence goes; and not to rest satisfied merely with remote probabilities: a doctrine that might be applied to very oppressive purposes. 4 St. Tr. 283. 4 Com. 303. 3 St. Tr. 416. 5 St. Tr. 3. 2 Woodes. 559. 2 Hale, 161. Vide 2 Hale, 157. 3 Inst. 25.-11. The jury themselves are not amenable for finding through malice or upon insufficient evidence. 1 Hawk. c. 72. s. 5. 2 Hale, 162. 1 T. R. 513. 514. 535. Ld. Raym. 469.- 12. Nor, as it seems, can a subsequent conviction thereon, if in itself unobjectionable, be impugned. 2 Hawk. c. 25. s. 145. n. 1 Leach, 156. 156. 157.

(c) 1. Taking indictment' in its more comprehensive sense. In which sense, too, a presentment by a grand jury, when reduced to form, is termed an indictment, though no bill has been preferred. 2 Inst. 739.-2. In a more limited and proper sense, a written accusation presented to the grand jury, sworn to inquire for the body of the county, at the suit of the king, is termed a bill of indictment; and when found by them, on oath, to be true, is called an indictment." 2 Hale, 153. 2 Hawk. c. 25. s. 1. 1 Stark. xii. - 3. Which indictment, having been so found, is publicly delivered in court. 4 Com. 306.

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(d) 1. This is the rule at common law; and the reason is, that the jurors being sworn to inquire pro corpore comitatus, their jurisdiction is confined to the county. 2 Hale, 163. -2. Which rule obtains as well in cases where, in the nature of things, the of fence might have been committed in any county, and is, therefore, in technical phrase, said to be in its nature transitory; as in those where it could only have happened in a particular spot or district, and is, therefore, in the same language, said to be in its nature local. Hale, 205. 2 Hawk. c. 25. s. 35. 3. As well, therefore, in the case of murder, as in that of nuisance from neglecting to repair a road. — 4. And the fact of locality must be proved expressly by the prosecutor, being part of his case. 92. 2 Leach, 634. 2 East, P. C. 605. - 5. The exceptions to the common law rule are created by acts of parliament; since the king cannot, by charter, authorise the trial of crimes out of the county in which they were committed. Dougl. 791. 2 Hawk. 6. Previous to the consideration of which, together with the application of the rule itself, it is to be noticed, that it is the constant practice for offences committed in the county of Middlesex to be tried at the sessions-house in the Old Bailey, which is within the city. Dougl. 796, 797.-7. The rule and its exceptions will now be treated of under an alphabetical arrangement.- 8. Abroad: where part of an offence is done out of the realm, no indictment lies by common law, or under st. 2 & 3 Edw.6. c. 24. 3 Inst. 48. 2 Hale, 163. Vide 2 Hale, 12. 33 Hen. 8. c. 23. 1 Esp. C. 63. 2 N. R. 91. 6 East, 589. -9. Though some acts (in the example, distinct from, though) essential to an offence, done abroad, are, if of a transitory nature, cognizable by a jury at common law. Kel. 15. Vide 1 Esp. C. 63. 2 N.Ř. 91. 6 East, 589.

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10. So if part of an offence be completed in Middlesex, though the rest were committed abroad, an indictment lies in K. B.; or, in case of misdemeanour, an information, if the offence were committed in any other county. 1 Esp. C. 63. 2 N. R. 91. 11. And this, though the defendant himself was out of the kingdom at the time, if he caused the offence to be committed here; as where the defendant sent over a libel from Ireland to be published in Westminster. 6 East, 589, 590. 12. Persons in his majesty's service abroad, committing offences there, may be prosecuted in K. B. yb indictment, or information, laying the venue in Middlesex. St. 42 G. 3. c. 85. s. 1. 8 East, 31.-13. The 57 G. 3. c. 53. s. 1. enacts, that murders and 'manslaughters committed on land at the settlement in the Bay of Honduras, by persons residing or being within the said settlement, and murders and manslaughters committed in the islands of New Zealand and Otaheite, or within any other islands, countries, or places,

places, not within his majesty's dominions, nor subject to any European state or power, nor within the territory of the United States of America, by the master or crew of any British ship or vessel, or any of them, or by persons sailing in or belonging thereto, or that shall have sailed in, or belonged to, and have quitted, any British ship or vessel, to live in any of the said islands, countries, or places, or either of them, or that shall be there living, shall and may be tried, adjudged, and punished, in any of his majesty's islands, plantations, colonies, dominions, forts, or factories, under or by virtue of the king's commission or commissions, which shall have been, or which shall hereafter be issued under and by virtue, and in pursuance of the powers and authorities of the 46 G. 3. c. 54., in the same manner as if such offences had been committed on the high seas.- 14. With a proviso by s. 2. that nothing herein contained shall repeal or affect, or be construed to repeal or affect, the provisions of the 33 Hen. 8. c. 23.-15. The provisions of the 46 G. 3. c. 54. are, that all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place, where the admiral or admirals have power, authority, or jurisdiction, may be inquired of, tried, heard, determined, and adjudged, according to the common course of the laws of this realm, and for offences committed upon the land within this realm, and not otherwise, in any of his Majesty's islands, plantations, colonies, dominions, forts, or factories, under and by virtue of the king's commission or commissions, under the great seal of Great Britain, to be directed to any such four or more discreet persons, as the lord chancellor of Great Britain, lord keeper, or commissioners for the custody of the great seal of Great Britain, for the time being, shall from time to time think fit to appoint; and that the said commissioners so to be appointed, or any three of them, shall have such and the like powers and authorities for the trial of all such murders, treasons, piracies, felonies, robberies, conspiracies, and other offences, within any such island, plantation, colony, dominion, fort, or factory, as any commissioners appointed or to be appointed according to the directions of the 28 Hen. 8. c. 15., by any law or laws now in force, have or would have for the trial of the said offences within this realm; and that all persons convicted of any of the said offences, so to be tried by virtue of any commission to be made according to the directions of this act, shall be subject and liable to, and shall suffer all such and the same pains, penalties, and forfeitures, as, by any law or laws now in force, persons convicted of the same respectively would be subject and liable to, in case the same were respectively inquired of, tried, heard, determined, and adjudged, within this realm, by virtue of any commission made according to the directions of the 28 Hen. 8. c. 15. 16. The 57 Geo. 3. above mentioned, was amended by the 59 Geo. 3. c. 44., which after reciting that doubts have arisen, whether in the said settlements in the Bay of Honduras there be a fort or factory to which a commission may issue for the trial of offences under the 46 Geo. 3. c. 54., and that by reason of such doubts, and the great delay and difficulty of removing offenders in Honduras for trial to England, or to any of his majesty's islands, plantations, colonies, dominions, forts, or factories, such crimes do oftentimes escape unpunished; for remedy thereof, it enacts, that all murders, manslaughters, rapes, robberies, and burglaries, committed on land, at the said settlement in the Bay of Honduras, may be inquired of, tried, heard, determined, and adjudged, within the said settlement in the Bay of Honduras, under or by virtue of the king's commission or commissions, under the great seal of Great Britain, to be directed to any such four or more discreet persons, as the lord chancellor of Great Britain, lord keeper or commissioners for the custody of the great seal of Great Britain, for the time being, shall from time to time think fit to appoint, in the same manner as is provided and enacted with respect to any crimes directed to be inquired of, heard, determined, or adjudged, under and by virtue of any commission issued under and by virtue of the 46 Geo. 3. c. 54. in any of his majesty's islands, plantations, colonies, dominions, forts, or factories.-17. And the second section enacts, that the commissioners so to be appointed, or any three of them, shall have such and the like powers and authorities for the trial of all such murders, manslaughters, rapes, robberies, and burglaries, committed within such settlement in the Bay of Honduras, as any commissioners appointed or to be appointed under the 46 Geo. 5. c. 54. have or would have, for the trial of any offences committed upon the seas; and all persons convicted of either of the said offences so to be tried, by virtue of any commission to be issued according to the directions of this act, shall be subject and liable to, and shall suffer all such and the same pains, penalties, or forfeitures, as, by any law or laws now in force, persons convicted of the same respectively would be subject and liable to, in case the same were respectively inquired of, tried, heard, determined, and adjudged, within any of his majesty's islands, plantations, colonies, or dominions, by virtue of any commission made according to the directions of the 46 Geo. 3. c. 54. and 57 Geo. z. c. 53.-18. With a proviso by s. 3., that nothing herein contained shall

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repeal or affect the provisions of the 53 Hen. 8. c. 23. 19. See farther below tit False Vouchers,' 'High Seas,' 'Ireland,' 'Murder,' 'Newfoundland,' 'Piracy,' ' Shipping,' 'Soldiers,' Treason,' Wreck.' 20. Accessary: an accessary in one county, to a murder or felony in another, cannot, at common law, be indicted in either. Staunf. b. 1. c. 46. 2 & 3 Edw. 6. c. 24. 1 Hale, 623. 21. Though now, by st. 2 & 3 Edw. 6. c. 24., he may be indicted in the latter. · 22. If, therefore, A. in one county should procure B., a guilty agent, to commit a murder in the second; A. being an accessary before the fact, would be triable as such in the county where he was guilty of the murderous contrivance. 2 & 3 Edw. 6. c. 24.-25. But if a person unconscious of the guilty design, be employed in the commission of a murder, the venue must be laid in the county where the death happens, for the person employed is a mere instrument or channel for conducting the injurious means to their end, and the contriver therefore is the principal. 1 Hale, 514.616, 617. Fost.349.-24. See farther below, tit. 'False Vouchers,' 'Felony,' Libel,' 'Misdemeanour,'' Murder,' 'Piracy;' and note, that since, in misdemeanours, all procurers are principals, the procurer is guilty of the offence wherever it is committed, in consequence of his procurement.-25. Alderney: Alderney is not within the, realm, though part of the dominions of England. 1 Hale, 156.-26. Arsenal. See below, tit. Shipping.'- 27. Berwick: K. B. has jurisdiction by information over of fences committed in Berwick. 2 Burr. 860. 28. See farther below, tit. England.'

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29. Bigamy: Bigamy, under st. 1 Jac. 1., shall be tried where the party was apprehended, i. e. imprisoned. Hutton, 131. 30. If not apprehended, then in the county where the second marriage was. 1 Hale, 694. Kelyng, 15.-31. If a warrant be issued, the apprehension in the county where the venue is laid, must be proved by producing it, in order to give the court jurisdiction, or the prisoner will be entitled to his discharge. 2 Leach, 826.-32. And if the party escapes and is never apprehended, he may, under this statute, be indicted in the county where the offence was committed, and be prosecuted to outlawry. 1 Hale, 694. 3 Inst. 87. 55. Black act: Offences against the black act, 9 G. 1. c. 22., are triable in any county. s. st. -34. Only the privilege must not be abused. Leach, 86.55. Borders of Counties: The 59 Geo. 3. c. 96. s. 2., reciting that felonies are sometimes committed on or so close to the boundaries of two or more counties, that the offenders escape unpunished from the defect of proof, that the felony with which they are charged was actually committed within the county in which such offenders may be indicted, enacts, that in any indictment for any felony committed on the boundary or boundaries of two or more counties, or within the distance of 500 yards of such boundary or boundaries, it shall be sufficient to allege that such felony was committed in either or any of the said counties; and every such felony shall and may be inquired of, tried, and determined in the county within which the same felony shall be so alleged to have been committed; and all and every person and persons who shall be convicted of any such felony so to be inquired of, tried, and determined as aforesaid, shall be subject and liable to all such pains of death, and other pains, penalties, and forfeitures, as such person or persons so convicted of such felony would have been subject and liable to, in case such felony had been inquired of, tried, and determined, in the county in which the same felony was actually committed. 36. Buonaparté: The 56 Geo. 3. c. 22., an act for the more effectually detaining in custody Napoleon Buonaparté, by s. 6. enacts, that all offences against this act, wheresoever the same shall be committed, whether within the dominions of his majesty or without, or upon the high seas, may be inquired of, tried, heard, determined, and adjudged in any county within that part of his majesty's dominions called England, in like manner, and by a jury of such county, as if such offences had been committed within such county; and that in every information or indictment for such offence, such offence may be laid and charged to have been committed in such county. 37. Bridge: Indictment for not repairing a bridge in A., ratione tenure in B., may be laid in B. 5 T. R. 498. Sed vide 5 Hen. 7. 3. 58. Canal Navigation: The 59 Geo. 3. c. 27., an act to facilitate the trial of felonies committed on board vessels employed in canals, navigable rivers, and inland navigations, reciting that felonies are frequently committed on board vessels employed in carrying and conveying goods, wares, and merchandise in or upon canals, navigable rivers, and inland navigations, in various parts of the united kingdom, as well by breaking open the casks and packages, containing such goods, wares, and merchandise, as in various other ways; and whereas such felonies frequently remain undetected until the arrival of such vessels at the places of their destination; and in consequence of such canals and navigations passing through several counties forming the boundaries of counties on each side or bank, it can seldom be known within what county such felonies may have been actually committed, and offenders frequently escape unpunished from defect of proof that the felony with which they are charged was actually committed within the county in which such offenders may be indicted;

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for remedy thereof enacts, that in any indictment for any felony committed on board any barge, boat, trow, or other vessel whatever, employed or used in carrying or conveying goods, wares, and merchandise, or in which any such goods, wares, or merchandise shall be, in or upon any canal, navigable river, or inland navigation, in any part of the united kingdom of Great Britain and Ireland, it shall be sufficient to allege, that such felony was committed within any county or city, through any part whereof such boat, barge, trow, or other vessel, shall have passed in the course of the voyage or journey during which such felony shall have been committed; and in cases wherein the sides or banks of any navigable river, canal, or inland navigation, or the centre thereof, shall constitute the boundary of any two counties or cities, it shall be sufficient to allege that such felony was committed in either of the said counties or cities through which, or any part thereof, such boat, barge, trow, or other vessel shall have passed in the course of the voyage or journey during which such felony shall have been committed; and every such felony shall and may be inquired of, tried, and determined in the county or city within which the same felony shall be so alleged to have been committed; and all and every person and persons, who shall be convicted of any such felony so to be inquired of, tried, and determined as aforesaid, shall be subject and liable to all such pains of death, and other pains, penalties, and forfeitures, as such person or persons convicted of such felony would have been subject and liable to in case such felony had been inquired of, tried, and determined in the county in which the same felony was actually committed, with a proviso, that nothing herein contained shall extend or be construed to extend to affect the jurisdiction of the High Court of Admiralty, or of any commission for the trial of offences under the 28 Hen. 8. c. 15.39. Challenge: If a man writes a letter, with intent to provoke a challenge, and puts it into the post-office at Westminster, addressed to a person within the city of London who receives it there, the writer may be indicted in Middlesex. 2 Campb. 506.- 40. Clerk: See below, tit. 'Embezzlement.'41. Conspiracy: Indictment for conspiracy may be laid where any overt-act has been committed. 4 East, 164.42. Corporate town: The 38 Geo. 3. c. 52., provides, that where an offence has been committed within any city or town corporate, except a few places which it enumerates, the bill of indictment may be preferred before the grand jury of the county adjoining, at any session of oyer and terminer or general gaol delivery, on the prosecutor's entering into a recognizance to pay the extra costs occasioned by such a proceeding, in case the court shall so direct. 43. Customs: Indictment for assaulting customs or excise officer, in executing his duty, may be laid in any county. St. 9 G. 2. c. 35. s. 26. 4 T. R. 490.44. Dock yard: See below, tit. 'Shipping.' 45. East Indies: Offences committed in the East Indies may be proceeded against in the K. B. 24 Geo. 3. sess. 2. c. 25. s. 64. 78. 81. 5 T. R. 607. 46. Embezzlement: A servant receiving money in A., and denying the fact in B., is indictable in B. 3 B. & P. 596. 2 Leach, 974. 4 Taunt. 303.-47. But persisting in his denial in A., is indictable there. East, P. C. Add. 24. Ibid. - 48. Or, as it seems, either in A. or B. England: England comprehends Wales and Berwick-upon-Tweed. St. 20 Geo. 2. 50. See farther below, tit. Ireland.' — 51. Excise: See above, tit. Customs.' 52. False vouchers: A. abroad, fraudulently procuring false vouchers to be delivered in Middlesex, is indictable there. 4 East, 164.- 53. Felony: At common law, the jury, in cases of felony, cannot take cognizance of facts done out of the county for which they are sworn. 2 Hale, 163. – 54. Hence where a felony begun in one county is consummated in another, the felon cannot, by the common law, be indicted in either. Hale, 651, 652. Cro. Car. 488. Hob. 183. 2 & 3 Edw. 6. c. 24. Staunf. 89. 2 Hale, 163. 6 H. 7. 10. 10 H. 7. 20. 28. Fitz. Ind. 23. 1 Hawk. c. 31. s. 13. Sed vide 7 H. 7. 8. 1 Hale, 427. 48 Edw. 3. 17.- 55. Where the trial of a new felony, done partly within, partly without, the kingdom, is limited to the place where committed, it shall be where the part within the kingdom was done. 1 Hale, 706. 3 Inst. 80. 56 New felony may be tried where committed, unless excluded, though statute allows trial to be where offender is apprehended. Hale, 694. 3 Inst. 87.- 57. Principal thief not clergyable, taking goods in one county of England and bringing into another, may be indicted in the latter 3 W. & M. c. 9. s. 3. 58. But neither accessaries, nor appeals, nor larcenies ousted of clergy by subsequent statutes, are within the act. i Hale, 519. 11 Rep 51.59. Where goods feloniously taken in England or Scotland are afterwards in the felon's possession in any other part of the said kingdoms, he may be indicted in the latter part. 13 Geo. 3. c. 31. s. 4. 44 Geo. 3. c. 92. s. 7, 8. - 60. The procurer, in one county, of a felony, through an innocent agent in another, is indictable in the latter. 1 Leach, 142. 169. 2 East, P. C. 1120. 1 Hale, 514.616. Fost. 349.-61. See farther below, tit. High seas,'' Piracy.' 62. Forgery: In the case of an indictment for forging notes, it seems not to be sufficient to shew an uttering in the county where the venue was laid, in order to support the locality required for the trial.

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2 East, P. C. 992. 2 N. R. 87.-63. Nor will the finding a orged bill, upon a prisoner in one county, bearing date at a time when he resided in another, support an indictment laid in the latter. 2 N. R. 87.64. Guernsey: Guernsey is not within the realm, though part of the dominions of England. 1 Hale, 156.65. High seas: By st. 28 Hen. 8. c. 15., treasons, felonies, robberies, murders, and confederacies, committed in or upon the seas, or in any haven, river, creek, or place, where the admiral has, or pretends to have, jurisdiction, shall be tried according to the course of common law, and in such place or counties as shall be appointed by the king's commission. 66. Which statute, with respect to treasons done at sea, is not repealed by 35 H. 8. c. 2. 3 Inst. 112.-67. If K. B. or commissioners, after taking indictment in one county remove into another, the trial must be by jurors of the first. 3 Inst. 11. 1 Sum. 16. 205.-68. Treason done in Ireland may be tried in England. 1 Hale, 155. 3 Inst. 11. 7 Rep. 23. 69. The statute saves privilege of peerage. 70. But Irish peers may be tried in England for treason in Ireland. 7 St. Tr. 928. 1 Hale, 195. Dyer, 361.-71. By 39 Geo. 3. c. 37. all offences done on the high seas, out of the body of the county, are made subject to the provisions of 28 H. 8. c. 15.-72. See farther, above, tit. ‘Abroad,' below, tit. Piracy," Shipping.'- 75. Ireland: Ireland is no part of the realm of England. 1 Hale, 155. 3 Inst. 11. 7 Rep. 23. See farther, above, tit. High seas;' below, tit. Libel.'. 74. Isle of Man: The isle of Man, though part of the dominions, is without the realm, of England. 1 Hale, 156. ceny: If a party steal goods in the county of A., and carry them into the county of B., he may be indicted of larceny in the latter county. 2 East, P. C. 771, 772. 76. See farther, above, tit. 'Felonies.'-77. Libel: A. procuring B. to publish a libel, is indictable wherever publication has been. 7 East, 65. 78. A mere acknowledgment, by the defendant, in the county in which the venue is laid, of the fact of publication, which, in truth, was in another county, is not sufficient to warrant the trial in the first county. 7 East, 68.79. Nor is the post mark on a libellous letter, of a particular place within the county where the venue is laid, sufficient evidence of the publication there by the defendant; but if it be sent to the prosecutor at a place without the county, and yet actually received by him within it, that will be sufficient to support the indictment. 1 Campb. 215, 216.-80. If a person in Ireland, procures another to publish a libel at Westminster, he may be indicted in Middlesex. 7 East, 68. 3 Smith, 97. 99. 1 Esp. C. 63. 6 East, 589, 590.-81. Magazine: See below, tit. Shipping.' 82. Mail: The offence of robbing the mail, may, if committed in England, be prosecuted, either in the county where the offence was committed, or that in which the party was apprehended; and if in Scotland, either in the justiciary court of Edinburgh, or in the court of the circuit where the felony was effected, or the felon arrested. St. 42 Geo. 3. c. 81. s. 3.— 83. Master and Servant : see above, tit. 'Embezzlement.'- 84. Misdemeanour: Indictment for misdemeanour, compounded of facts in two counties, may be laid in either. Hale, 652. Staunf. b. 2 91. 19 E. 3. Ass. pl. 6. 5 T. R. 498. 5 H. 7. 3. 2 T. R. 238. 2 B. & P. 381. 85. Procurer of a misdemeanour may be indicted where it is committed. 7 East, 55. Leach, 169. 4 East, 164. 86. Misprision of Felony: Indictment for misprision of felony, compounded of acts in two counties, may be laid in either. Hale, 652.- 87. Murder: Where one, struck or poisoned in one county, dies in another, an indictment may be sued in the latter, both against principals and accessaries, though accessaries were guilty elsewhere. 2 & 3 Edw. 6. c. 24.88. Where death ensues here from striking or poisoning abroad, or abroad from striking or poisoning here, offender and accessaries may be indicted where the death, in the first case, and the stroke or poison, in the second, happened. St. 2 Geo. 2. c. 21.- 89. Persons vehemently suspected by the privy council upon examination, of treason, misprision of treason, or murder, in or out of the king's dominions, may be indicted in any county the king may appoint by commission of oyer and terminer. St. 33 Hen. 8. c. 25.-90. Which statute is repealed as to treason by 1 & 2 P. & M. c. 10. s. 8. 1 Hale, 283. 2 Hale, 164. 3 Inst. 27. accord. Staunf. b. 2. f. 90. contra. - 91. But not as to murder. 1 Hale, 283. 374. 2 Hale, 22. 164. 3 Inst. 27. 8 Mod. 144. 1 East, P. C. 361. 369. Vide recital of 43 Geo. 3. c. 113. s. 6. - 92. The statute does not extend to accessaries. 1 And. 195. 1 East, P. C. 369.-93. Though it appears to have embraced every description of murder, whether committed within or without the kingdom. 1 East, P. C. 369. 8 Mod. 144. - -94. Accessaries to murder, and principals in manslaughter, have, however, recently been included in the same regulation. 43 Geo. 3. c. 113. s. 6.-95. Navy: The 54 Geo. 3. c. 93., an act for regulating the payment of navy prize-money, and the transmission of accounts and payment of balances to Greenwich Hospital, by s. 86. enacts, that where the offence of taking a false oath, or suborning any person so to do, or any of the offences by this act made

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