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Acts of Parliament, which though local and on that account omitted in the first Edition, were from their extensive operation considered necessary to render this Publication complete.
These and other additions have enlarged the bulk of the Volume; but it is hoped that it will thereby be rendered more generally useful and more acceptable to the Magistracy and the Public.
The Author cannot omit this opportunity of acknowledging bis obligations to SAMÚEL PURKIS, Esq. of Hampstead, a very active and intelligent Magistrate, for much kind assistance and many valuable suggestions during the progress of the Work.
.Burrow's Reports. Burn.
.Burn's Justice of the Peace.
Burr, Sett. Ca. }Burrows's Settlement Cases
and B. S.
Coke upon Littleton.
Comberbach's Reports. Comm.
Douglas's Reports. Dyer.... ..Dyer's Reports. East. Rep.
.East's Term Reports.
Haw.inioncm. ...Hawkins's Pleas of the Crowu.
..Keble's Reports. --
.Leach's Modern Reports.
Nolan's Poors' Law.
Paley on Convictions.
... Strange's Reports.
... Summary of Penal Laws,
..Tomlin's Law Dictionary.
The Magistrate's Manual.
ACCESSARY BEFORE THE FACT.
accessary is one guilty of felony, not as a principal, but by participation, command, advice, or concealment. In high treason there are no accessaries, all concerned are principals; so in petit larceny and misdemeanors there can be no accessaries either before or after the fact, but all parties implicated, if guilty, are principals.
An accessary before the fact is, as Hale defines, one who being absent at the time the crime is coinmitted, doth yet procure, counsel, or advise the commission of it, and his absence is necessary to constitute him an accessary before the fact. By Stat. 3 and 4 Wm. III. in Burglary benefit of clergy is taken away from accessaries before the fact
Affidavit of the Party to ground a Warrant for apprehending
an Accessary before the Fact.
A. B. of in the county of gent. maketh oath and saith, that on the
day of - last, his dwelling house, situate in the parish of in the said county, was, about the hour of nine in the night of the same day, feloniously and burglariously broken and entered by some person or persons, and that [describe the property stolen) his property, were then and there feloniously stolen, and that he hath just cause to suspect, and doth suspect, that C. D. late of aforesaid, labourer, did commit the said felony and burglary, and that E. F. late of -- aforesaid, labourer, did advise, aid, and abet the said C. D. in the said felony. Sworn, &c.
Warrant thereon. To the Constable of the parish of -- in the county of
and all other His Majesty's Peace Officers within the said County. to wit. Whereas A. B. of - in the said county
gent. hath this day made oath before me, W. S. Esq. one of His Majesty's justices of the peace in and for the said county, that [here state the fact as set forth in the affidavit.] These are therefore, in His Majesty's name, to charge and command you, forthwith, to apprehend and bring before me, the said C. D. and E. F. to answer the said complaint, and to be further dealt with according to law. Given under my hand and seal, this
Commitment. To tle Keeper of the Common Gaol of Newgate, or his
Deputy. Receive into your custody the bodies of C. D. and E. F. herewith sent you, brought before me, W. S. Esq. one of His Majesty's justices of the peace in and for the said county, by K. L. constable of the parish of - charged