ACCESSORIES AND ABETTORS.

No. 3 of 1865.

67

indicted and convicted of a substantive felony, whether the principal felon has or has not been previously convicted or is or is not amenable to justice, and may thereupon be punished in the same manner as any accessory before the fact to the same felony, if convicted as an accessory, may be punished.

Accessories after the fact.

4. Every person who becomes an accessory after the fact to any felony, whether the same is a felony at common law or by virtue of any Ordinance, may be indicted and convicted either as an accessory after the fact to the principal felony, together with the substantive principal felon, or after the conviction of the principal felon, [124 & 25 Vict. c. 94 s. 3.] or may be indicted and convicted of a substantive felony, whether the principal felon has or has not been previously convicted or is or is not amenable to justice, and may thereupon be punished in like manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punished.

5. Every accessory after the fact to any felony (except where it is otherwise specially enacted), whether the same is a felony at common law or by virtue of any Ordinance, shall be liable to imprisonment for any term not exceeding 2 years, and it shall be lawful for the Court 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 section for not finding sureties for any period exceeding one year.

Accessories generally.

6. If any principal offender is 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 principal felon had been attainted thereof, notwithstanding such principal felon may die, or be pardoned, or otherwise delivered before attainder; and every such accessory shall, on conviction, suffer the same punishment as he would have suffered if the principal had been attainted.

7. Any number of accessories at different times to any felony, and any number of receivers at different times of property stolen may be included in the same indictment.

* As amended by No. 50 of 1911.

† As amended by No. 30 of 1911 and No. 50 of 1911.

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