Receivers or purchasers of stolen goods, or those who harbour thieves, are deemed accessaries in the felony, and to suffer death as principals; and, though principals be pardoned, or otherwise delivered, both before or after the fact, they may be punished as if the principals had been attainted; if principals cannot be found, they may be punished as for nisde-. meanors, which exempts them from further prosecution. 15 Geo. 3, c. 10.

See STOLEN GOODS.
ACCOMPONG see MAROONS.

ACCOUNTS OF SALES

Accounts of sales must be annually recorded by mortgagees in possession, upon oath, and what sums applicable or actu tually applied to the mortgages, under penalty of five hundred pounds, recoverable in supreme court. 25 Geo. 3, c. 10.Trustees or guardians in possession must record sales within eighteen months after they record crop accounts, on oath before a judge of grand court or common pleas, under a like penalty, and forfeiture of commissions.-33 Geo. 3. c. 21.

See EXECUTORS, MORTGAGEES,

ACTIONS.

No action of waste to be brought in any court. No actions for less than twenty pounds to be brought in supreme court, except by the inhabitants of the precinct of St. Catherine. 33, Chas. 2, c. 23, s. 6. Justices of assize to appoint auditors in actions of account, upon verdict for defendant, who give final judgment, and their returns may be immediate.-17 Geo.. 3, c. 13.

All actions must be filed in the grand court, but must be tried in the county in which the cause of actions shall arise. 31 Geo. 2, c. 4, s. 5. Those for breach of laws relating to trade and navigation, or for duties or customs under quit-rent act, or escheats, to be tried in the supremecourt only, and all in formations for land under the quit rent acts, to be proclaimed in the courts of Surrey and Cornwall that immediately follow the supreme court in which the same is proclaimed, and as often; and such proclamation in assize courts to be endorsed on the back of the information; those for freedom, in ejectment, dower, partition, right or title of lands and tenements,

in any county, may, on motion, be tried in the supreme court only; the party moving paying the expences.-31 Geo. 3. c. 4, s. 13, 14. In actions depending when the defendant is detained in custody for want of surety, and such defendant not appearing to plead, the plaintiff shall have default entered upon the action, and proceed accordingly; but must proceed, within two courts, to final judgment, or the defendant discharged. 51. Geo. 3, c. 28.

See COURTS, DEBTS, EXECUTORS, and articles referred to un der the word WRITS.

ADMINISTRATORS, see EXECUTORS.

ADMIRAL'S PEN.

Commissioners appointed and empowered to purchase land for a pen for the admiral on the station, to be vested in the king, his heirs, and successors.-14 Geo. 3, c. I.

ADMIRALTY, see COURT of ADMIRALTY,

AFFIDAVITS..

The chief-justice empowered to appoint commissioners in the different parishes to take affidavits, concerning matters depending in the court; such affidavits to be filed in the clerk of courts' office, and used in court, as if taken in court, and those guilty of perjury to incur same penalties as if taken in the court, fee for taking one shilling and three pence.-14 Geo. 2, c. 3.

any

All affidavits made or taken before any commissioner in proceeding in the grand or assize courts may, notwithstanding any new appointment of a chief-justice, be received and read in the courts; commissions to be registered by the clerk of the crown, and, unless they have been registered, affidavits before them cannot be read; lists of commissioners to be published annually; those swearing falsely before them guilty of perjury.-42 Geo. 3. c. 26.

AFFRAY.

From the French effrayer, to frighten, signifies a fighting. between two or more, in some public place, for, if the fighting be private, it is not an affray, but an assault. No angry or

threatening words, however violent, amount to an affray; but if a person arm himself with dangerous or unusual weapons, in a way to excite terror in the people, it is an affray. The punishment of common affray is by fine and imprisonment.Affrays may be suppressed by any private person present; but a constable, who is bound to keep the peace, may break open doors to suppress an affray, or apprehend the affrayer. [For forms of warrant and indictment, see Court of Quarter Ses Bions.

ALIENS.

Those settled may be naturalised by the governor, on taking the oaths of allegiance, and have the same right by the patent as his majesty's natural born subjects, and devises, sales, &c. made by them are confirmed.-35 Chas. 2, c. 3. Foreigners arriving in this island must give in their names to a magistrate within thirty days, with their trades or vocations, the time they have been in the island, and where they belong, under penalty of one hundred pounds; and may be transported, unless naturalised within thirty days.-12 Geo. 1, c. 11. They are empowered to lend money on landed or other securities, on interest, and, in forfeiture of security to such alien, the pro perty vested in the speaker and chief-justice, in trust for his benefit. 13 Geo. 3, c. 16,

See ALIENS in ARPENDIX.

ANNOTTO-BAY, see ST. GEORGE.

ANNUITY.

Annuities consisting of a rent charge, or annual sum of fifty pounds per annum, out of messuages, lands, and tenements, on which have been and are negroes or stock liable to taxation, for twelve calendar months before the election, confer a right of voting for members of assembly-21 Geo. 3, c. 15, s. 7. APPRENTICES, see MASTER and SERVANTS and PARISHES.

ARMS AND ACCOUTREMENTS.

No arms or accoutrements are deemed public but such as issue from the public arsenal, and there marked; none to be issued but by order of commander-in-chief, on a representation made by the colonel; colonels, under penalty of one hundred pounds, to make yearly returns in October of the number of

arms received and issued by them, on oath, and shall make good such as they do not sufficiently account for within three months, under a penalty of ten pounds for each set of foot arms, and fifteen pounds for each set of a troopers; and the like regulations are enforced on officers commanding companies; non-commissioned officers and privates undergo similar penalties for not having their arms in good order and condition; but the parties may supply the arms by purchase from the public arsenal, on paying the receiver-general five pounds for a set of foot arms, and seven pounds ten shillings for a set of horse arms.47 Geo. 3, c. 28.

ARMY BAGGAGE.

Commissioners are appointed, the custos and members and three senior magistrates for regulating its carriage; the governor to issue his warrant to any one of them, who is to issue a notice, signed, directed to all persons possessing carriages, boats, wherries, cattle, mules, or slaves, and served by a constable, to furnish what may be required; and those disobeying, to be fined by two magistrates not less than fifty pounds, nor exceeding one hundred pounds. Claims for payment of carriage under this act to be certified by two commissioners, and sworn to and audited by commissioners of accounts, which the receiver-general must pay; removing of officers without troops does not come within the meaning of this act.-45 Geo. S. f. 10.

ARMS, Exportation of, see APPENDIX,

ARREST,

All persons are subject to arrest, who are not freeholders, 85 Chas. 2, c. 7, s. 12. No person to be arrested or held to bail, unless an affidavit be made, before a judge or commissioner of the court, of the cause of such action, and the sum endorsed on the declaration, bail to be taken only for the sum endorsed, but freeholders are excepted from arrest.-26 Geo. 2. c. 2. Writs of arrest and ne exeat insula to be executed notwithstanding martial law, on proof of the party being about to leave the island.-3 Geo. 4, c. 5, expires 1829, but renewed every five years.

Sce ACTIONS, BAIL, DEBTS, and, in APPENDIX, INDEBTED PERSONS, and articles mentioned under the word WRIT.

ARSON.

Arson is the malicious and actual burning of the whole or part of the house or out-house of another by night or by day, It is felony, and the punishment death: Burning of houses or plantations by 9 Geo. 3, c. 5, is made felony without benefit of clergy.

ASSAULT AND BATTERY.

Assault and battery is an attempt or offer to do a corporal injury to another, as holding up the fist in a menacing manner, striking with a cane or stick, though the party miss his aim; throwing a bottle or glass with an intent to wound or strike.— But, to constitute an assault, there must be an intention to use actual violence, coupled with the ability: the party aimed at must be within reach of the fist or the weapon lifted or levelled against him. Battery, which includes assault, is the unlawful beating of another; the least touching of another person in a rude and angry manner is battery, every man's person being held sacred, and no one having a right to meddle with it in the slightest manner. But battery is justifiable when the party hath authority, as a parent, or master, may give moderate correction to his child, scholar, or apprentice. [For forms of warrant and indictment, see Court of Quarter Sessions.]

ASSAY, see GOLD and SILVER PLATE,

ASSEMBLY.

By 33 Chas. 2, c. 1, the number of representatives for each parish is fixed, three for St. Catherine, three for Port-Royal, and two for every other parish. Representatives to be freeholders as also the electors. By 5 Wm. and Mary, Kingston is empowered to send three members, Westmorland two, by 2 Ann, c. 1; Hanover two, by 10 Geo. 1, c. 5, and by c. 8,; Portland two, at the end of three years; Trelawny two, by 14 Geo. 3, c. 31. The duration is limited to seven years.-20 Geo. 3, c. 3. If members are elected in a church or chapel the election is void 28 Geo. 3, c. 11. The statute of 2 Jas. 1," For new executions to be sued against any which shall hereafter be delivered out of executions by privilege of parliament, and for discharge of them out of whose custody such person shall be delivered," declared in force in this island for