Page images
PDF
EPUB

CRIMINAL

having jurisdiction to try the principal felony or having jurisdic- Chapter II tion to try felonies in the county in which the act was committed which constitutes the acceding or abetting. Secondly, this sec- LAW. tion provides that "in every other case" i. e. in the case of felonies not wholly committed in England or Ireland, accessories either before or after the fact may be tried and punished by any Court having jurisdiction to try the principal felony, or having jurisdiction to try felonies in the country where the accessory is apprended or in custody, "whether the principal felony shall have been committed on the sea, or on the land, or begun on the sea and completed on the land, or begun on the land and completed on the sea, and whether within Her Majesty's dominions or without, or partly within Her Majesty's dominions and partly with

out.

The offence of being accessory "within the jurisdiction of the Admiralty to any felony," whether such felony is committed. within that jurisdiction or elsewhere, or was begun within that jurisdiction and completed elsewhere, or was begun elsewhere and completed within that jurisdiction, is dealt with by s. 9: the offence is to be averred to have been committed on the high seas".

With regard to the other statutes of the same year, 24 & 25 Vict. cc. 96 to 100, it will be sufficient merely to indicate the offences with which they deal.

The Larceny Act, 1861 [24 & 25 Vict. c. 96], deals with

larceny

assault with intent to rob

robbery with violence

threatening letters

embezzlement

fraud by trustees and directors

obtained goods, money, or securities, by false pretences

inducing persons by fraud to execute deeds or other instruments
receiving stolen goods, and

accessories in such offences;

and, by s. 115, includes all these offences when committed within the jurisdiction of the Admiralty.

The Malicious Damage Act. 1861 [25 & 25 Vict. c. 97], deals with-

arson

injury by exploisive substances

Chapter II

CRIMINAL

LAW.

setting fire to, casting away, or destruction of ships
exhibiting false signals

removing or concealing buoys or other seamarks

destroying wrecks or articles belonging thereto

sending threatening letters to burn or destroy houses, buildings, ships &c.

malicious injury to other property

making gunpowder or explosives with intent to commit any of

such offences, and

accessories in such offences;

and, by s. 72, includes all these offences when committed within the jurisdiction of the Admiralty.

The Forgery Act, 1861 [24 & 25 Vict, c. 93], deals with

forgery of the Great or Privy Seal

forgery generally

personation of the owner of stock, and transferring or receiving,

or endeavouring to transfer or receive the dividends

making and engraving plates &c. for bank notes.

falsely acknowledging recognizances &c.

demanding property upon forged instruments, and

accessories in such offences.

and, by s. 50, includes all these offences when committed within the jurisdiction of the Admiralty.

The Coinage Offences Act. 1861 [24 & 25 Vict. c. 99], deals withcounterfeiting, uttering, unlawful posssession of, importing or

exporting, and all offences in connection with coinage, and coining tools, and accessories in such offences;

and, by s. 36, includes all these offences when committed within the jurisdiction of the Admiralty.

The Offences against the Person Act, 1861 [24 & 25 Vict. c. 100], deals with

homicide,

attempts to murder by administering poison, wounding, setting fire to ships &c.

letters threatening to murder

acts causing or tending to cause danger to life or bodily harm. assaults

rape, abduction, and defilement of women

child-stealing

bigamy

attempts to procure abortion

concealing the birth of children.

unnatural offences

making gunpowder to commit offences,

and, by s. 58, includes all these offences when committed within the jurisdiction of the Admiralty.

Chapter II

CRIMINAL
LAW.

So much for the general application of these statutes of Offences specially ap1861 to the high seas. But there are certain offences dealt with plicable to by them which may be termed appropriately "high sea offences", the sea. as being more likely to be committed on sea than on shore, and which, when committed at sea, fall within the purview of the Admiralty sections indicated above. These offences are the following:

Under 24 & 25 Vict. c. 96.

stealing from ships- s. 63.

stealing from ships in distress or wrecked-s. 64.

possession of shipwrecked goods without giving a stisfactory ac

count-s. 65.

offering shipwrecked goods for sale-s. 66.

Under 24 & 25 Vict. c. 97.

Larceny of ships or

cargo.

setting fire to, casting away, or in any way destroying ships whe- Malicious ther complete or unfinished-s. 42.

damage to ships or

the same, with intent to prejudice the owner of the ships or goods cargo. on board, or the underwriters-s. 43.

[blocks in formation]

placing gunpowder in or near a vessel with intent to damage it or its machinery or goods-s. 45.

damaging ships otherwise than by fire, gunpowder or other explosives-s. 46.

masking, altering, or removing, lights or signals, or exhibiting false lights or signals, with intent to bring ships into danger: or maliciously doing anything tending to the immediate destruction of a ship for which no punishment is provided-s. 47.

cutting away, casting adrift, removing, altering, defacing, sinking, or destroying, or maliciously injuring or concealing any boat, buoy, rope, perch, or mark, used or intended for the guidance of seamen, or for the purposes of navigation-s. 48.

maliciously destroying any part of a ship in distress, or wrecked, stranded, or cast on shore, or any goods or articles belonging thereto-s. 49.

Under 24 & 25 Vict. c. 100.

sending letters threatening to burn or destroy grain or other agri- persons in

Injuries to

cultural produce in a ship-s. 50.

connection with ships.

Chapter II

CRIMINAL
LAW.

COURTS.

setting fire to a ship or its tackle or goods therein, or casting away or destroying a ship with intent to murders. 13.

impeding a person being on board of, or having quitted, a ship in distress endeavouring to save himself from shipwreck—s. 17.

assaulting any officer on account of his preserving wreck or a ship in distress-s. 37.

hindering or assaulting with intent to hinder a seaman from performing his occupation-s. 40.

The Post Office (Offences) Act, 1837 (7 Will. IV & I Vict, c. 36], s. 39, provides that offences punishable under the Post Office Acts committed within the jurisdiction of the Admiralty, are to be tried in the same manner as any other offence within that jurisdiction.

The Wild Birds Protection Act, 1889 (43 & 44 Vict. c. 35], s. 6, provides that offences against the Act within the jurisdiction of the Admiralty are to be deemed of the same nature and liable to the same punishments as if committed on the land, and to be triable as such. The section corresponds with the Admiralty jurisdiction section in the criminal law statutes of 1861.

The Criminal Law Act, 1827 (9 & 8 Vict. c. 28), s. 12, provides that all offences prosecuted in the High Court of Admiralty shall be subject to the same punishment, whether of death or otherwise, as if the offences had been committed on land.

The Incitement to Mutiny Act, 1797 (37 George III c. 70), appears to be a high sea statute: but the kindred statute passed in the same year, the Unlawful Oaths Acts, 1797, (37 George III c. 123), deals with offences "committed as well in the United Kingdom as on the high seas, or out of the realm." They are therefore included among the statutes which apply beyond the realm.

HIGH SEA JURISDICTION OF COLONIAL COURTS. 12 & 13 Vict. c. 96.

[ocr errors]

COLONIAL Admiralty Offences Colonial Act 1849"-to provide for the prosecution and trial in Her Majesty's Colonies of offences committed within the jurisdiction of the Admiralty

The preamble, which is repealed by the Statute Law Revision Act 1891, recites the two linked Acts 11 & 12 Will. III, c. 7, and 46 Geo. III c. 54, which provide for the issue of the King's commission for the trial in the Colonies of all offences committed on the sea, or in any haven, river, creek, or place where the

Admiral has power, authority or jurisdiction, and declares that Chapter II it is expedient to make better provision for the apprehension, COLONIAL custody, and trial in the Colonies of persons charged with the COURTS. commission of such offences.

Persons

sea

ters.

at

:

1.-If any person within any Colony shall be charged with charged in the commission of any treason, piracy, felony, robbery, murColony with offences der, conspiracy or other offence, of what nature or kind whattriable soever, committed upon the sea or in any haven, river, creek, as if offences or place the Admiral or Admirals have power, authority, or committed in jurisdiction or if any person charged with the commission Colonial wa- of any such offence upon the sea, or in any such haven, river, creek or place, shall be brought for trial to any Colony, then all persons, officers, and Courts in the Colony shall have the same jurisdiction for trying the offence as they would have had by the law of the Colony if such offence had been committed, and such person had been charged with having committed the same upon any waters within the limits of any such Colony, and within the limits of the local jurisdiction of the Courts of criminal justice in such Colony.

der and manslaughter where

death only happens in Colony or at

sea.

Trial in Co- 3.- Where any person shall die in any Colony of any stroke, lony of mur- poisoning, or hurt, such person having been feloniously stricken, poisoned, or hurt upon the sea, or in any haven, river, creek, or place, where the Admiral or Admirals have power, authority, or jurisdiction, or at any place out of such Colony, every offence committed in respect of any such case, whether the same amount to the offence of murder or manslaughter, or being accessory before the fact to murder, or after the fact to murder or.manslaughter, may be dealt with, inquired of, tried, determined and punished in such Colony in the same manner in all respects as if such offence had been wholly committed in that Colony; and if any person in any Colony shall be charged with any such offence as aforesaid in respect of the death of any person who, having been feleniously stricken, poisoned, or otherwise hurt, shall have died of such stroke, poisoning, or hurt upon the sea, or in any haven, river, or place where the Admiral or Admirals have power, authority, or jurisdiction, such offence shall be held for the purpose of this Act to have been wholly committed upon the sea.

The term "Colony " in this Act was extended to include India, by 23 & 24 Vict. c. 28. s. 1.

23 & 24 Vict. c. 122.

"Admiralty Offences, Colonial, Act 1860"--to enable the Legislatures of Her Majesty's Possessions abroad to make enactments similar to the enactment of the Act 9 George IV c. 31, s. 8.

Whereas by an Act 9 Geo. IV, c. 31 [repealed by 24 & 25 Vict. c.95, s.1], intituled "an Act for consolidating and amending the statutes in England relating to offences against the person", it was enacted (amongst other things) that where any person being feloniously stricken, poisoned, or otherwise hurt upon the sea or at any place in England, should die of such stroke, poisoning, or hurt upon the sea or at any place

« PreviousContinue »