A receiver of stolen goods may be
tried for the misdemeanor, though
the principal might have been
taken, Rex v. Wilkes.............103
An accessary indicted, after the
conviction of the principal, for the
felony of receiving stolen goods,
may controvert the guilt of the prin-
cipal, notwithstanding the record
of his conviction; and if it appear
that the goods were taken under
circumstances which do not amount
to larceny, the accessary shall be
acquitted, Smith's case ..........288
So if a person be indicted for having
suborned another to take a false oath;
the conviction of the false swearer
may be controverted by the suborn-
er, and the prosecutor put to prove
that the conviction of the principal
was legal, Reilly's case.........455
10 And therefore judges will advise a
jury not to believe an accomplice,
unless his testimony be confirmed,
466, notis.
a second in
a duel, may refuse to give evidence
on the trial of the principal, but his
testimony may be received as a
witness for the Crown, and if once
sworn he must disclose the whole
truth, although he may thereby
involve himself in the guilt of the
transaction, England's case.....767
12 An accomplice present, aiding and
assisting in murder may be con-
victed, and the principal in the
first degree acquitted, if the Jury
find that he did the fact, and the
indictment charge that both of them
did the murder, Shaw's case ... 360
See Evidence.
11 An accomplice, as
By 28 Hen. VIII. c. 15. all trea-
sons, felonies, robberies, murders
and confederacies, committed in
or upon THE SEA, or in any ha-
ven, river, creek or place, where
the admiral has, or pretends to have
power, authority, or jurisdiction,
shall be inquired, tried, heard, de-
termined, and judged in such shires
and places in the realm, as shall be
limited by the King's commission,
&c. Bruce's case
..........1093
If a loaded pistol be fired from the
land, at a distance of 100 yards
from the sea, and a man is malici-
ously shot in the sea 100 yards from
the shore, the offender shall be tried
in the Admiralty Court, and not at
common law, Coombe's case ....388
An accessary to a felonious ship-
wreck, contrary to the 4 Geo. I.
C. 12. and 11 Geo. I. c. 21. is not
triable either at Common Law or
by the Admiralty, unless he was
either the owner or master, or a
mariner belonging to the ship, Pow's
..45
But by 43 Geo. III. c. 113. the sta-
tutes 4 Geo. I. c. 12. and 11 Geo. I.
c. 21. are repealed, and it is en-
acted, that if any person shall wil-
fully cast away or destroy any ves-
sel, or counsel any person, or direct
the same to be done, &c. with intent
to prejudice the owner or under-
writer, he shall suffer death without
clergy; the principal and accessary
before the fact to be tried as the
offence may be respectively com-
mitted, on shore or on the sea ..952
Before this statute accessaries before
the fact on shore, to a wilful wreck
on the High Seas, were not triable
by the Admiralty, Easterby's case,
3 So "witness received" on the back 6 By 39 Geo. III. c. 37. after reciting
28 Hen. VIII. c. 15. and declaring
that it is expedient that other of-
fences committed at sea should be
tried under that statute, enacts,
that all and every offence which
after the passing of the act, shall be
committed at sea, shall be offences
of the same nature, and liable to
the same punishment, as if they had
been committed on shore, and shall
be tried under 28 Hen. VIII. c. 15.
Bruce's case
7 The Admiralty, and the common
law courts, have a concurrent juris-
diction in murders, &c. committed
in any of the havens, rivers or
creeks of this realm, Bruce's case.
8 Therefore a murder committed in
Milford Haven, is triable in the
Admiralty Court, ibid..........1093
1 An agent, as for instance a stock-
broker who receives from his prin-
cipal a draft on a banker which he
receives the amount of in bank-notes,
for the express purpose of being laid
out in the purchase of exchequer
bills or other securities, but instead
of so doing he only applies part of
the property according to the direc-
tions of the principal, and fraudu-
lently runs away with the residue,
is not thereby guilty of larceny at
common law, Walsh's case....1054
2 But now by the 52 Geo. III. c. 63.
s. 1. if any of the cited securities
shall be deposited for safe custody
with any banker, merchant, broker,
attorney or other AGENT of any de-
scription whatsoever, and such agent
shall violate the trust by converting
them, without authority, to his own
use, he shall be guilty of a misde-
.1082, notis.
3 By 52 Geo. III. c. 63. s. 2. if any
such AGENT into whose hands the
enumerated instruments shall be
placed, with an order in writing to 1 If the addition to a prisoner's name
1 A felony committed in Anglesea
may by 26 Hen. VIII. c. 26. be
tried in the county of Salop, as the
next adjoining English County to
Wales, Parry and Roberts' case,
108
2 And it is now determined, that the
26 Hen. VIII. c. 26. extends to fe-
lonies subsequently created, and that
an offender in Brecon may be tried
at Hereford, for having forged
stamps in his possession at Llangeny
Contrary to 49 Geo. III. c. 80. Win-
ders's case..................109, notis.
On an indictment against an ap-
prentice for fraudulently inlisting
himself as a soldier without the con-
sent of his master, the indentures
must be proved by the subscribing
witnesses, Jones' case.............174
2 The Chief Justice of the Court of
King's Bench may grant his warrant
to bring up the bodies of impressed
apprentices, Apprentices' case...203
3 Or the apprentice may have a writ
of Habeas Corpus: but his master
cannot, for his remedy is, if his ap-
prentice has been wrongfully im-
pressed, by civil action against the
aggressor, Lansdowne's case,
201, notis.
4 By the mutiny act, if an appren-
tice inlist in the army, he is punish-
able with two years hard labour in
the House of Correction, and com-
pelled to serve as a soldier on the
expiration of his indentures,
174, notis.
An indictment for stealing the wear-
ing apparel of an apprentice, fur-
nished to him in pursuance of the
indentures, must lay them to be the
property of the apprentice, and not
of the master. Forsgates's case..463
1 The admission of persons to become
approvers, although the practical
form is grown into disuse, is still
a part of the common law, Rudd's
.......118
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