justice, and may thereupon be punished in the same manner as an accessory before the fact to the same felony, if convicted as an accessory, may be punished."

Soliciting and inciting a person to commit a felony is not a substantive felony under this section, unless the felony is actually committed, but only a misdemeanor, and it is doubtful whether a soliciting and inciting is equivalent to a counselling and procuring. R. v. Gregory, L. R., 1 C. C. R. 77; 36 L. J., M. C. 60.

It was decided upon the 11 & 12 Vict. c. 46, s. 1 (which is in the same terms as the 24 & 25 Vict. c. 94, s. 1, and was passed to remedy a defect in the 7 Geo. 4, c. 64), that a person charged as an accessory before the fact may be convicted even though the principal be acquitted. R. v. Hughes, Bell, C. C. 242. The two first counts charged A. & B. with stealing, and the third count charged B. with receiving. No evidence was offered against A., who was acquitted and called as a witness. The evidence went to show that B. was an accessory before the fact, and the jury found a general verdict of guilty. It was held that the conviction was good. Erle, J., said, "We consider that being an accessory before the fact now stands as a substantive felony, and that now the conviction of an accessory would stand good, and no wrong be done him, though he should be tried before the principal."

By the 24 & 25 Vict. c. 94, s. 5, "if any principal offender shall be in anywise convicted of any felony, it shall be lawful to proceed against any accessory either before or after the fact, in the same manner as if such a principal felon had been attainted thereof, notwithstanding such principal shall die or be pardoned, or otherwise delivered before attainder; and every such accessory shall upon conviction suffer the same punishment as he would have suffered if the principal had been attainted." By the 24 & 25 Vict. c. 94, s. 6 (replacing the 14 & 15 Vict. c. 100, s. 15), "any number of accessories at different times to any felony, and any number of receivers at different times of property stolen at one time, may be charged with substantive felonies in the same indictment, and may be tried together, notwithstanding the principal felon shall not be included in the same indictment, or shall be in custody or amenable to justice."

Accessories after the fact in felonies. An accessory after the fact, says Lord Hale, is where a person knowing the felony to be committed by another, receives, relieves, comforts, or assists the felon; 1 Hale, P. C. 618; whether he be a principal, or an accessory before the fact. 2 Hawk. c. 29, s. 1; 3 P. Wms. 475.' But a feme covert does not become an accessory by receiving her husband. This,

To constitute an accessory after the fact, the aid and assistance must be given after the felony is fully completed; and hence a party rendering assistance to another after the mortal blow has been struck, and before death has taken place, cannot be convicted as an accessory to the crime of murder after the fact; his offence is that of an accessory after the fact to the crime of an assault and battery with intent to kill-the crime of murder not being complete until the death of the party takes place. Harrel v. State, 39 Miss. 702. S.

however, is the only relationship which will excuse such an act, the husband being liable for receiving the wife. 1 Hale, P. C. 621. So if a master receives his servant, or a servant his master, or a brother his brother, they are accessories, in the same manner as a *stranger would be. Hawk. P. C. b. 2, c. 29, s. 34. If a

husband and wife knowingly receive a felon, it shall be deemed [*187

to be the act of the husband only. 1 Hale, P. C. 621. But if the wife alone, the husband being ignorant of it, receive any other person being a felon, the wife is accessory, and not the husband. Id.

With regard to the acts which will render a man guilty as an accessory after the fact, it is laid down, that generally any assistance whatever, given to a person known to be a felon, in order to hinder his being apprehended or tried, or suffering the punishment to which he is condemned, is a sufficient receipt for this purpose; as where a person assists him with a horse to ride away with, or with money or victuals to support him in his escape: or where any one harbors and conceals in his house a felon under pursuit, in consequence of which his pursuers cannot find him; much more, where the party harbors a felon, and the pursuers dare not take him. Hawk. P. C. b. 2, c. 29, s. 26. See R. v. Lee, 6 C. & P. 536, 25 E. C.L. So a man who employs another person to harbor the principal may be convicted as an accessory after the fact, although he himself did no act to relieve or assist the principal. R. v. Jarvis, 2 Moo. & R. 40. So it So it appears to be settled that whoever rescues a felon imprisoned for the felony, or voluntarily suffers him to escape, is guilty as accessory. Hawk. P. C. b. 2, c. 29, s. 27. In the same manner conveying instruments to a felon, to enable him to break gaol, or to bribe the gaoler to let him escape, make the party an accessory. But to relieve a felon in gaol with clothes or other necessaries is no offence, for the crime imputable to this species of accessory is the hindrance of public justice, by assisting the felon to escape the vengeance of the law. 4 Bl. Com. 38.

Merely suffering the principal to escape will not make the party an accessory after the fact, for it amounts at most but to a mere omission. 9 H. 4, st. 1; 1 Hale, 619. So if a person speak or write, in order to obtain a felon's pardon or deliverance; 26 Ass. 47; or advise his friends to write to the witnesses not to appear against him at his trial, and they write accordingly; 3 Inst. 139; 1 Hale, 620; or even if he himself agree for money not to give evidence against the felon; Moo. 8; or know of the felony, and do not discover it; 1 Hale, 371, 618; none of these acts will make a party an accessory after the fact.

The felony must be complete at the time of the assistance given, else it makes not the assistant an accessory. As if one wounded another mortally, and after the wound given, but before death ensued, a person assisted or removed the delinquent, this did not, at common law, make him accessory to the homicide, for till death ensued, there was no felony committed. Hawk. P. C. b. 2, c. 29, s. 35; 4 Bl. Com. 38.

In order to render a man guilty as accessory, he must have notice,

either express or implied, of the principal having committed a felony. Hawk. P. C. b. 2, c. 29, s. 32. It was formerly considered that the attainder of a felon was a notice to all persons in the same county of the felony committed, but the justice of this rule has been denied. Hawk. P. C. b. 2, c. 29, s. 83. It was observed by Lord Hardwicke, that though this may be some evidence to a jury, of notice to an accessory in the same county, yet it cannot, with any reason or justice, create an absolute presumption of notice. R. v. Burridge, 3 P. Wms. 495. In order to support a charge of receiving,

*188] *harboring, comforting, assisting, and maintaining a felon, there

must be some act proved to have been done to assist the felon personally; it is not enough to prove possession of various sums of money derived from the disposal of the property stolen. R. v. Chapple, 9 C. & P. 355, 38 E. C. L. As to harboring thieves in public-houses and brothels, see 34 & 35 Vict. c. 112, ss. 10, 11, "Prevention of Crimes Act, 1871."

Accessories after the fact in felonies-how indicted. With regard to the trial of accessories after the fact, the 24 & 25 Vict. c. 94, s. 3, enacts that "whosoever shall become an accessory after the fact to any felony, whether the same be a felony at common law, or by virtue of any act passed or to be passed, may be indicted and convicted either as an accessory after 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 thereupon be punished in a like manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punished." The "substantive" felony of which the accessory after the fact may be convicted is the felony of being an accessory after the fact, and does not mean the principal felony. R. v. Fallon, 32 L. J., M. C. 66; 1 L. & C. 217. Where an indictment contains two counts, the first charging the accused person as principal in a felony, the second charging him as accessory after the fact to the same felony, the prosecution must elect upon which count they will proceed. R. v. Brannon, 14 Cox, C. C. 394.

Sections 5 & 6 of the 24 & 25 Vict. c. 94, supra, p. 186, apply to accessories after as well as before the fact.

By the 24 & 25 Vict. c. 94, s. 4, "every accessory after the fact to any felony (except where it is otherwise specially provided), whether the same be a felony at common law or by virtue of any act passed or to be passed, shall be liable (at the discretion of the court) to be imprisoned in the common gaol or house of correction for any term not exceeding two years, with or without hard labor; and it shall be lawful for the court, if it shall think fit, to require the offender to enter into his own recognizances and to find sureties, both or either, for keeping the peace, in addition to such punishment: provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year."

particulars without any demand. 1 Curw. Hawk. 476, s. 13; Carr. Supp., ubi supra.1

If particulars have been delivered, the prosecutor will not be allowed to go into other charges than those contained therein. If particulars have been ordered, but not delivered, it seems that the prosecutor cannot be precluded from giving evidence on that account. R. v. Esdaile, 1 F. & F. 213-227. The proper course is to apply to put off the trial.

Jurisdiction. So far as locality is concerned, the jurisdiction of the court generally depends upon the venue; that is, the venue must be laid within the area over which the court has jurisdiction; and this venue must be that indicated by the place where the offence is actually committed, unless there be some rule or statute which permits any other venue. These are very numerous, and the whole subject will be found discussed under a separate chapter. See tit. " Venue." (As to the holding of Winter Assizes, see 39 & 40 Vict. c. 37, and the Orders in Council, Oct. 23rd, 1876. L. R., Weekly Notes, Nov. 4, 1876.)

So far as power is concerned, the only distinction to which it is necessary here to advert is that relating to courts of quarter sessions. The jurisdiction of these courts is now regulated by the 5 & 6 Vict. c. 38, s. 1, which enacts that, after the passing of that act, "neither the justices of the peace acting in and for any county, riding, division or liberty, nor the recorder of any borough, shall, at any session of the peace, or any adjournment thereof, try any person or persons for any treason, murder, or capital felony, or for any felony which, when committed by a person not previously convicted of felony, is punishable by transportation beyond the seas [now penal servitude] for life, or for any of the following offences: 1, misprison of treason; 2, offences against the Queen's title, prerogative, person, or *government, or against either house of Parliament; 3, offences sub- [*196 ject to the penalties of præmunire; 4, blasphemy and offences against religion; 5, administering and taking unlawful oaths; 6, perjury and subornation of perjury; 7, making or suborning any other person to make a false oath, affirmation, or declaration, punishable as perjury, or as a misdemeanor ; 8, forgery; 9, unlawfully and maliciously setting fire to crops of corn, grain, or pulse, or to any part of a wood, coppice, or plantation of trees, or to any heath, gorse, furze or fern; 10, bigamy and offences against the laws relating to marriage; 11, abduction of women and girls; 12, endeavoring to conceal the birth of a child; 13, offences against any provision of the laws relating to bankrupts and insolvents; (repealed by 32 & 33 Vict. c. 62. See post, tit "Bankrupts") 14, composing, printing, or publishing blasphemous, seditious, or defamatory libels; 15, bribery; 16, unlawful combinations and conspiracies, except conspiracies or combinations to commit any offence

1 The court will not grant a bill of particulars unless satisfied of its necessity to a fair and impartial trial. Commonwealth v. McClure, 1 County Ct. Rep. (Pa.) 182; Commonwealth v. Wilson, 1 Chester C. R. 538.

By the Explosive Substances Act, 1883 (46 & 47 Vict. c. 3, s. 5), any person who within or (being a subject of Her Majesty) without Her Majesty's dominions by the supply of or solicitation for money, the providing of premises, the supply of materials, or in any manner whatsoever, procures, counsels, aids, abets, or is accessory to, the commission of any crime under this act, shall be guilty of felony, and shall be liable to be tried and punished for that crime, as if he had been guilty as a principal.