OF

A.

ABJURATION.

Ir a convict who, by ancient law, ab-
jured the realm, did not use due di-
ligence to perform this undertak-
ing, he was amenable to his origi-
nal sentence, Aickle's case......393

ACCEPTANCE.

is committed, Easterby and Mac-
farlane's case........ ........950

3 But now by 43 Geo. III. c. 113.
which repeals the above statutes,
accessaries before the fact, shall
suffer death, and the offence be tried
by the Admiralty, or at common law,
as the fact shall be committed on
land or at sea ......................952

4 Accessaries before the fact in bur-
glary, are ousted of clergy by 3
W. & M. c. 9............ ......919

5

6

7

A receiver of stolen goods may be
tried for the misdemeanor, though
the principal might have been
taken, Rer 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

C

2 An accomplice who has been ad-

mitted by the magistrates a witness

for the Crown, is not thereby ex-

empted from prosecution; and it

depends upon his making a full

disclosure of the joint guilt of him-

self and his companions, whether

the King's Bench will admit him

to bail, that he may apply for a par-

don, Mrs. Rudd's case ......... 115

3 An accomplice who is admitted by

the examining magistrate as a wit-

ness for the Crown, ought to be kept

in custody....

........122

4 There are three ways by which an
accomplice may acquire a right to
be pardoned; Ist, by becoming an
approver; 2nd, by performing the
conditions on which pardon is pro-
mised by certain statutes; 3rd, by
special proclamation.......118

5 An accomplice may give evidence

6

7

before a Grand Jury against a par-

ticeps criminis, although such ac-

complice be not previously admitted

a witness for the Crown, and was

carried before the Jury by a sur-

reptitious and illegal order from

the prison to which he had been

committed for the same offence, Dr.

Dodd's case......

.......155

case

A prisoner may be convicted on

the single, uncorroborated testi-

mony of an accomplice, Atwood's

........464

For as an accomplice is a compe-
tent witness, the consequence is in-
evitable that if the Jury believe him,
his testimony needs no confirma-
tion, Jones's case ..........466, notis.

8 This is not new law; for Lord Hale

gives several instances of convic-

tions on the evidence of accom-

plices

........466

And the practice of not calling upon

a prisoner to defend himself against

the single uncorroborated testimony

of an accomplice, is rather matter

of discretion with the Court, than

a general rule of law, Durham's case,

478

9

10 And therefore judges will advise a

jury not to believe an accomplice,

unless his testimony be confirmed,

466, notis.

11 An accomplice, as 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.

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

2 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

3

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

5 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,

947

APPRENTICE.

1 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
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,

3

4

5

201, notis.

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

APPROVER.