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Public Health Regulations as to Cholera, Yellow Fever, and Plague Ports (General).

(9th November, 1896.)

Chapter I

APPENDIX

Article 25.-The master of every ship infected with cholera, yellow fever, or plague, shall, when within three miles of the coast of any part of England or Wales, cause to be hoisted at the mast-head, or where best seen, a large flag of yellow and black, borne quarterly, and shall keep the same displayed during the whole of the time between sunrise and sunset, and no person (other than an officer of Customs, or a person acting in the execution of this Order) shall leave such ship until after such visit of the officer of Customs as is mentioned in Article 2, or until after the visit of the medical officer of health in pursuance of Article 8.

CUSTOMS LAWS CONSOLIDATION ACT, 1876.
39 & 40 Vict. c. 36.

Persons arriving in ships from infected places not to land before examination.

234. It shall be lawful for Her Majesty in Council, or any two of the Lords of Her Majesty's Privy Council, from time to time, by Her or their order, to require that no person on board any ship coming to any port in the United Kingdom, the Channel Islands, or the Isle of Man, from or having touched at any place out of the United Kingdom abroad where they have reason to apprehend that yellow fever or other highly infectious distemper prevails, shall quit such vessel before the state of health of the persons on board shall have been ascertained, on examination by the proper officer of Customs, at such place or places as may from time to time be appointed by the Commissioners of Customs for such purpose, and before permission to land shall have been given by such officer, whether or not it shall on or after such examination be found expedient to order such vessel under the restraint of quarantine, and any person so quitting any such vessel shall forfeit a sum not exceeding one hundred pounds; and if the master, pilot, or person in charge of such a ship shall not, on arrival at such place, hoist and continue such signal as shall be directed by such Order until the proper officer shall have given permission to haul down the same, he

APPENDIX

Chapter I shall forfeit a like penalty; and such penalties or either of them if incurred, and any penalty incurred under the Act of the sixth year of the reign of King George the Fourth, chapter seventy-eight, shall be subject to reduction to any sum not exceeding one hundred pounds, and may be recovered by information and summons before a stipendiary magistrate, or any two justices of the peace, who are hereby authorized to reduce the same accordingly, and to commit the offender to prison in default of payment of any penalty so imposed for any period not exceeding six months.

Chapter II.

The substance of the Extra-territorial Criminal Law of England.

PIRACY.

Extra-territorial legislation may be divided into two main Chapter II groups that which deals with the high sea alone, and that which has the wider scope indicated by the words "beyond the realm”. Much of it is criminal law: but the criminal statutes which must be first examined are not exhaustive of the subject; there are others, some criminal, some civil, which will be considered hereafter. Those which are collected in this chaptert deal with offences which are part of the general criminal law of the land. LEGISLATION APPLICABLE TO THE HIGH SEA.

28 Hen. VIII, c. 15.

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Offences at Sea Act, 1536"-for punishment of Pirates and Robbers at Sea.

The preamble recites that "traitors pirates thieves robbers murtherers and confederates upon the sea" many times escaped punishment because the trial before the Admiral "after the Course of the civil laws " required a plain confession of guilt, or direct proof by eye-witness indifferent before judgment of death could be given: which was rendered oftentimes impossible by

+ NOTE.

It is essential to the understanding of the principles which underlie this legislation and control its application and which will be discussed in the subsequent chapters, that the whole body of the law should be presented to the reader in the most convenient form possible, all parts of it may be readily accessible when the discussion of principles makes reference to them necessary. A collection of all the statutes in an Appendix though convenient from one point of view, would have had the inconvenience from the point of view of our enquiry, that the points which it will be necessary to refer to in the texts would have been lost to sight in a mass of words with which we shall have no concern. I have therefore collected all those enactment in one chapter, treating them, however, in an arbitrary manner: setting out the full text where this seemed expedient, but contenting myself with a condensation where that was possible; the actual words relating to questions of jurisdiction or other matters with which we shall have to deal however are preserved.

Chapter II the fact that the witnesses were killed, or else were taken by their occupations again to sea.

PIRACY.

Trial of of

1.-All treasons felonies robberies murthers and confedefences com- racies committed in or upon the sea, or in any other haven, mitted upon the sea by river, creek or place where the Admiral or Admirals have or King's com pretend to have power, authority or jurisdiction, shall be inmission. quired, tried, heard, determined and judged in such shires and places in the realm as shall be limited by the King's commission... in like form and condition as if any such offence had been committed or done in or upon the land.

The Commission is to be directed to the Admiral and to three or four other substantial persons chosen by the Lord Chancellor,-

to hear and determine such offences after the common course of the laws of this realm, used for treasons felonies murthers robberies and confederacies of the same done and committed upon the land within this realm. Procedure to be followed, trial by injury, and sentence of death, are dealt with by s. 2.

The Act is not to apply to persons taking "any victual, cables, rope, anchors or sails" which such person" (compelled by necessity) taketh of or in any ship which may conveniently spare the same ", so that he pay out of hand for the same in money-worth or by a sufficient bill to be paid, on this side of this Straits of Marroke in 4 months, and the bills are paid. [s.4.]

11 & 12 Will. III, c. 7.

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Piracy Act, 1698 "—for the more effectual suppression of

Piracy.

The preamble recites that persons committing piracies, robberies and felonies on the seas in or near the East and West Indies, and in places very remote could not be brought to condign punishment without being sent to England for trial under the Act of Henry VIII: by reason whereof many idle and profligate persons had been induced to turn pirates, their numbers increasing and their insolences being great, so that it was necessary to provide some speedy remedy for putting the ancient laws in execution.

Natural-born subjects or denizens committing piracy or robbery or any act of hostility against the King's subjects upon the sea, under colour of any commission from any foreign Prince or pretence of authority from any person, are to be deemed pirates, felons and robbers. [s. 7.]

Commanders of ships or seamen who betray their trust and turn pirates, enemies or rebels, and run away with their ship, or any boat, ammunition or goods, or yield them up voluntarily to any pirate, or bring

&.,

PIRACY.

seducing messages from any pirate, enemy or rebel, or who consult, Chapter II combine or confederate with, or attempt to corrupt any commander or seaman to yield up, or run away with, any ship or goods, or turn pirate, or go over to pirates or persons who lay violent hands on the commander thereby to hinder him from fighting in defence of his ship or goods, or who confine the master, or who make or endeavour to make a revolt in the ship, are to be deemed pirates, felons and robbers. [s.8.] Persons aid- 9. And whereas several evil-disposed persons, in the planing pirates, tations and elsewhere have contributed very much towards who shall the increase and encouragement of pirates, by setting them thereupon act, adjudg- forth, and by aiding, abetting, receiving and concealing them ed accessor- and their goods, and there being some defects in the laws for bringing such evil-disposed person to condign punishment :All and every person and persons whatsoever who shall either on the land, or upon the seas knowingly or wittingly, set forth any pirate, or aid and assist, or maintain, procure, counsel, or advise any person or persons whatsoever, to do or commit any piracies or robberies upon the seas, and such person or persons shall thereupon do or commit such piracy or robbery, then all and every such person or persons whatsoever, so as aforesaid setting forth any pirate, or aiding, assisting, procuring, maintaining, commanding, counselling or advising the same, either on the land or upon the sea, shall be and are hereby declared and shall be deemed and adjudged to be accessory to such piracy and robbery done and committed.

ies.

Any person upon the land or upon the sea who receives, entertains or conceals a pirate, or who receives or takes into his custody any ship or goods piratically taken, is to be deemed accessory to such pirate. [s. 10].

In order to encourage commanders and sailors to defend their ships against pirates, rewards are to be granted by the Court of Admiralty, [s. 11] and also to informers of conspiracies to run away with or destroy ships or goods [s. 12].

The procedure of trial by commission under 26 Hen. VIII, c. 15, is extended to the American Colonies, the Commissioners appointed holding the trial in the Colony to which pirates upon the sea or accessories to piracy are brought in virtue of the warrant for seizure the Governors of Colonies being required to assist the Commissioners. [S. 14.]

The Statute of 1698 was made clearer by the Piracy Act, 1717 [4 Geo. 1, c. 11, s. 7], which provides that the offences created by it are to be tried as provided by the Statute of Henry VIII. 8 George I, c. 24.

Piracy Act 1721 "-for the more effectual suppression of Piracy.

The preamble recites that piracies were still increasing, and that further provision was necessary to bring pirates in remote parts to condign punishment.

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