« PreviousContinue »
Subjects or denizens, during any wars, com
have and suffer; and whereas, since the present wars with France and Spain, divers of his majesty's natural-born subjects have entered in the service of his majesty's enemies, on board privateers, or other ships, having commissions from the crowns of France and Spain, and committed divers hostilities against his majesty's subjects upon the seas, in the West Indies, and other parts; and whereas doubts have arisen, whether, as such offenders have, by such their adherence to the king's enemies, been guilty of high treason, they can be deemed guilty of felony, within the intent of the said act, and, as such, liable to be tried by the said court of admiralty, appointed, or to be appointed, by virtue of the said act: therefore, to put an end to the said doubts, and to prevent the inconveniences that must arise, by the want of speedy justice on such offenders, may it please your most excellent majesty, that it may be enacted, and be it enacted, &c. that all persons, being natural-born subjects, or denizens of his majesty, who, during the present or any future wars, have committed, or shall commit, any hostilities upon the sea, or in any haven, river, creek, or place, where the admiral or admirals have power, autho sea, against rity, or jurisdiction, against his majesty's subjects, by virtue his majes ty's subjects, or under colour of any commission from any of his ma where the jesty's enemies, or have been or shall be any other ways adherent, or giving aid or comfort to his majesty's enemies have power, or giving upon the sea, or in any haven, river, creek, or place, where aid, &c. to the admiral or admirals have power, authority, or jurisdicenemies at tion, may be tried as pirates, felons, and robbers in the said sea, may be tried as picourt of admiralty, on shipboard, or upon the land, in the same manner as persons guilty of piracy, felony, and robbery, are by the said act directed to be tried; and such persons, being upon such trial convicted thereof, shall suffer such pains of death, loss of lands, goods, and chattels, as any other pirates, felons, and robbers ought, by virtue of the said recited act of the eleventh year of King William the Third, or any other act, to suffer.
Not to be
for the same crime as high trea
II. Provided, and it is hereby declared and enacted, tried again that any person who shall be tried and acquitted, or convicted, according to this act, for any of the said crimes, shall not be liable to be indicted, prosecuted, or tried again in Great Britain, or elsewhere, for the same crime or fact, as high treason.
III. Provided, that nothing in this act contained shall be not tried by construed to extend to prevent any persons guilty of any of the said crimes, who shall not be tried according to this act, from being tried for high treason within this realm, according to the aforesaid act of the twenty-eighth year of King Henry the Eighth.
tried for high treason, by
28 H. 8, c. 5.
5 Geo. 4, c. 113.
IX. Be it enacted, that if any subject or subjects of his Dealing in slaves on majesty, or any person or persons residing or being within the high any of the dominions, forts, settlements, factories, or ter- seas, &c. to ritories, now or hereafter belonging to his majesty, or being be deemed in his majesty's occupation or possession, or under the piracy. vernment of the united company of merchants of England, trading to the East Indies, shall, except in such cases as are in and by this act permitted, after the first day of January, 1825, upon the high seas, or in any haven, river, creek, or place, where the admiral has jurisdiction, knowingly and wilfully carry away, convey, or remove, or aid or assist in carrying away, conveying, or removing, any person or persons as a slave or slaves, or for the purpose of his, her, or their being imported or brought as a slave or slaves, into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, transferred, used, or dealt with as a slave or slaves, or shall, after the said first day of January, 1825, except in such cases as are in and by this act permitted, upon the high seas, or within the jurisdiction aforesaid, knowingly and wilfully ship, embark, receive, detain, or confine, or assist in shipping, embarking, receiving, detaining, or confining on board any ship, vessel, or boat, any person or persons for the purpose of his, her, or their being carried away, conveyed, or removed, as a slave or slaves, or for the purpose of his, her, or their being imported or brought as a slave or slaves into any island, colony, country, territory, or place whatsoever, or for the purpose of his, her, or their being sold, transferred, used, or dealt with as a slave or slaves, then, and in every such case, the person or persons so offending, shall be deemed and adjudged guilty of piracy, felony, and robbery, and, being convicted thereof, shall suffer death without benefit of clergy, and loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas, ought to suffer.
57 Geo. 3, c. 90.
I. Whereas idle and disorderly persons frequently go armed in the night-time, for the purpose of protecting themselves, and aiding, and abetting, and assisting, each other in the illegal destruction of game or rabbits; and whereas such practices are found by experience to lead to the commission of felonies and murders for the more effectual suppression thereof, be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in
this present parliament assembled, and by the authority of the same, that if any person or persons, having entered into any forest, chase, park, wood, plantation, close, or other open or inclosed ground, with the intent illegally to destroy, take, or kill game or rabbits, or with the intent to aid, abet, and assist, any person or persons illegally to destroy, take, or kill game or rabbits, shall be found at night, that is to say, between the hours of six in the evening and seven in the morning, from the first day of October to the first day of February, between seven in the evening and five in the morning, from the first day of February to the first day of April, and between nine in the evening and four in the morning for the remainder of the year, armed with any gun, cross-bow, fire-arms, blud. geon, or any other offensive weapon, every such person so offending, being thereof lawfully convicted, shall be ad judged guilty of a misdemeanor, and shall be sentenced to transportation for seven years, or shall receive such other punishment as may by law be inflicted on persons guilty of misdemeanor, and as the court before which such ofTransporta fenders may be tried and convicted shall adjudge; and, if any such offender or offenders shall return into Great Briseven years. tain before the expiration of the term for which he or they shall be so transported, contrary to the intent and meanreturning, to ing hereof, he or they so returning, and being thereof duly convicted, shall be adjudged guilty of felony, and shall be sentenced to transportation for the term or terms of his or their natural life or lives.
ported for life.
How offenders are to be brought to justice.
༩ ་ !*
II. And, for the more easy and speedy bringing the offenders against this act to justice, be it further enacted, that it shall and may be lawful to and for the ranger and rangers, and to and for the owner and owners, occupier and occupiers, of any such forest, chase, park, wood, plantation, close, or other open or inclosed ground, and also for his, her, or their keeper and keepers, servant and servants, and also for any other person or persons, to seize and apprehend, or to assist in seizing and apprehending, such offender or offenders by virtue of this act, and by the authority of the same to convey and deliver such of fender or offenders into the custody of a peace-officer, who is hereby authorized and directed to convey such offender or offenders before some one of his majesty's justices of the peace for the county or place where such offence shall be alleged to have been committed; or, in case such offender or offenders shall not be so apprehended, then it Ishall and may be lawful for any such justice, on information before him on the oath of any credible witness or witnesses, to issue his warrant for the apprehension of such offender or offenders; and if, upon the apprehension of any such offender or offenders, it shall appear to such justice, on the oath of any credible witness or witnesses, that the person or persons so charged hath or have been
guilty of the crime of being found armed at night as aforesaid, it shall and may be lawful for such justice to admit such person or persons so charged to bail, and, in default of bail, to commit such person or persons to the county gaol until the next general quarter sessions of the peace, or the next general commission of gaol delivery, to be holden for the same county or place, there to be tried and dealt with as by this act is directed; and, if in Scotland, until such person or persons so charged shall be dealt with as any person or persons charged with a transportable offence may be dealt with according to the law and practice of Scotland.
III. And be it further enacted, that if any person or Persons persons shall, after the passing of this act, unlawfully found in any enter into or be found in any forest, chase, park, wood, forest, &c. at night, plantation, close, or other open or inclosed ground at night, with any according to the provisions of this act, with respect to what net, engine, shall be deemed night, for the purposes hereof, having any &c. for denet, engine, or other instrument, for the purpose, and with stroying the intent, to destroy, take, or kill, or shall wilfully de- be taken stroy, take, or kill game, it shall and may be lawful to and before a for the ranger and rangers, and to and for the owner and justice. owners, occupier and occupiers, of any such forest, chase, park, wood, plantation, close, or other open or inclosed ground, and also for his, her, or their keeper and keepers, servantand servants, and also for any other person or persons, to seize and apprehend, or to assist in seizing and apprehending, such offender or offenders, by virtue of this act, and, by the authority of the same, to convey and deliver such offender or offenders into the custody of a peaceofficer, who is hereby authorized and directed to convey such offender or offenders before some one of his majesty's justices of the peace for the county or place where such offence shall be alleged to have been committed, to be dealt with according to law.
Note. An indictment on this statute, for having entered into any forest, chase, &c., must, in some way or other, particularize the place, as by setting forth the name, ownership, occupation, or abuttals; for the offence is substantially local, and the defendant is entitled to know to what specific place the evidence is to be directed: R. v. Ridley, R. & R. 515. In the construction of the act it has been holden, that if several are together, and any one of them is armed, the others are liable to be convicted: R. v. William Smith and others, R. & R. 368; 5 Burn, 611. But, that if several are out together,
and one has arms without the knowledge of the others, the others are not liable to be convicted under the act: R. v. Southern, id. 444. It will be observed, that this statute comprises any forest, chase, park, wood, plantation, close, or other open or enclosed ground." The 3 Geo. 4, c. 114 (the hard-labour act), only mentions" any open or enclosed ground." It has been holden, however, that, upon a conviction under the 57 Geo. 3, of entering a wood with intent, &c., the court may pass sentence for hard labour, under the 3 Geo. 4, c. 114; R. v. Parkhurst, R. & R. 503.
1 Ed. 2, stat. 2, c. 1.
Concerning prisoners which break prison, our lord the king willeth and commandeth, that none from henceforth that breaketh prison shall have judgment of life or member for breaking of prison only, except the cause for which he was taken and imprisoned did require such judgment, if he had been convict thereupon according to the law and custom of the realm, albeit in times past it hath been used otherwise.
Note. As an actual breaking is the gist of this offence, it must be stated in the indictment; and, in order to bring the offender within the intention of this statute, the indictment must shew that he was lawfully in prison, and for such a crime as requires judgment of life or member; and it is not sufficient to say in general "that he feloniously broke prison:" 1 Russ. 381; 2 Inst. 591. If a person be taken upon a capias, awarded on an indictment against him for a supposed treason or felony, he is within the statute if he break the prison, whether any such crime were or were not committed by him, or any other person, for there is an accusation against him on record, which makes his commitment lawful, however innocent he may be. So, also, he will be within the statute if he be committed by a magistrate, under good grounds of suspicion 2 Inst. 590; 1 H. P. C. 610; 1 Russ. 378. With regard to the nature of the crime for which the party is committed, it is clear that, to make him guilty of felonious prison-breaking, the crime for which he is committed must be capital, at the time of such breaking: 1 Russ. 379. Therefore, if A. give
B. a mortal wound, is committed to prison, and then breaks prison, and B. dies within the year, but after the prison-breaking, in this case, though the death has relation to the stroke, yet, because relations are but fictions, and fictions are not here intended, this escape is no felony: Cole's case, Plowd. Com. 401. To constitute the offence of prison-breach, there must be an actual breaking, and not such force only as may be implied by construction of law; therefore, if the party go out of prison without any obstruction, as in case of open doors, &c. he is guilty only of a misdemeanor, 1 H. P. C. 611; but there need not, it seems, be any actual intent to break, to constitute the offence. Where, therefore, it appeared that the prisoner made his escape from the house of correction, by tying two ladders together and placing them against the wall of the yard, and, in making his escape, had thrown down some of the bricks of the wall, this was held to be a sufficient breaking: R. v. . Haswell, R. & R. 458. It may be observed, lastly, that the statute extends as well to a prison in law, as to a prison in deed: 2 Inst. 589.