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Special statutory provisions as to

trial of certain offences.

25. And in every other case accessories may be tried, &c. in
any county or place in which they are apprehended or are
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 without (Id.).

26. For the offences under the following titles there are special
statutory provisions as to the place of trial, viz. :—
(a) Admiralty, offences within the jurisdiction of (see 24 & 25
Vict. c. 94, s. 9; c. 96, s. 115; c. 97, s. 72; c. 98, s. 50;
c. 99, s. 36; c. 100, s. 68).

(b) Bigamy, in the county where offender apprehended,-or
is in custody (24 & 25 Vict. c. 100, s. 57),—or in
which the second marriage took place.

(c) Challenge (sending), in the county from which it is sent or posted, or in which it was received.

(d) Coin where two or more persons have acted in concert in different jurisdictions, in either of them (24 & 25 Vict. c. 99, s. 28).

(e) Conspiracies, in any jurisdiction in which an act was done by any of the accused in furtherance of their common design (R. v. Brisac, 4 East, 164)-or in which the conspiracy actually took place.

(ƒ) Embezzlement, either where the offender received the money, &c., or where he ought to have accounted for it to his master.

(9) False Pretences (if made by letter sent from one county to another), in either county (see 7 Geo. 4, c. 64, s. 12, and cases in Note 12, ante, p. 22).

(h) Forgery, in any county in which offender apprehended,or is in custody (24 & 25 Vict. c. 98, s. 41), or where offence committed.

(i) Larceny (simple), in the county where goods stolen,-or in any county into or through which the offender carried them (Roscoe's Crim. Evid. 5th ed. p. 613), or if stolen in one part of the united kingdom and in possession in another, may be dealt with in the latter part (24 & 25 Vict. c. 96, s. 114).

(j) Larceny (from a wreck), where offence was committed,or in any county next adjoining (Id. s. 64).

(k) Letter, Threatening, either in the county from which the letter was sent or posted,—or in the county in which it was received.

(1) Libels, same as in the like cases.

(m) Manslaughter,
(n) Murder,

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(0) Mutiny (inciting to), at the assizes of any county, whe-
ther committed on the high seas or in England (37
Geo. 3, c. 70, s. 2).

(p) Piracy, at the assizes of any county in which offender
found (7 & 8 Vict. c. 2; 11 & 12 Vict. c. 42, s. 25),—
or at the Central Criminal Court (4 & 5 Will. 4, c. 36,
s. 22). See "Admiralty," supra.

(1) Post Office, either where offence committed, or in which
offender apprehended,—or is in custody (see 1 Vict. c.
36, s. 37).

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(r) Receivers (of stolen goods, or goods embezzled or unlaw-
fully obtained, &c.), either in the county where they
have or had the property, or where the principal may
be tried,- -or where they received the property (24 &
25 Vict. c. 96, s. 96; see R. v. Cryer, 26 L. J. (N. S.)
M. C. 192; 29 Law T. 268).

(s) Receivers of stolen property, having same in another
part of the united kingdom, may be dealt with where
it was stolen or where receiver had it (Id. s. 114).
(t) Sea, Offences at, at the assizes of any county (7 & 8 Vict.
c. 2),- —or at the Central Criminal Court (4 & 5 Will. 4,
c. 36, s. 22). See "Admiralty," supra.

(u) Smuggling, offences on the high seas are to be deemed
to be committed where offender is brought-or where
found (16 & 17 Vict. c. 107, s. 275),—and may be
tried in any county (Id. s. 304).

(v) Treason, if offence committed in England, in any county
in which an overt act proved;-if out of the realm,
before the Q. B. by commission in any county.

Special statutory provisions as to trial of cer

tain offences.

There are also some exceptions in respect of summary pro- Other excepceedings allowed by the statutes, under which the particular tions relative offence or matter is cognizable, and wherein jurisdiction is convictions given them from other causes or circumstances, as follow:- and orders.

to summary

Titles:

"Distress."

"Fish and

27. Under the statute 11 Geo. 2, c. 19, as to the fraudulent removal of goods by tenants, jurisdiction is given to justices where the goods are found, if removed from another. 28. Under the Salmon Fisheries Act, 1861, offences on the seacoast or at sea, beyond the ordinary jurisdiction of justice, Fisheries.” may be punished in any adjoining or abutting county (24) & 25 Vict. c. 109, s. 37),-and offences committed in waters forming the boundary between two counties, &c. are cognizable by any justice for either of such counties (Id. s. 36).

Titles:

"Manufactures."

"Poor."

"Vaccination."

“Aiders,” &c.

"Lands Clauses,"

"Railways,"

"Cemeteries,"

&c.

"Sheep and Cattle."

29. By the act as to Oyster and Mussel Fisheries, 31 & 32 Vict. c. 45, s. 43, the portion of the sea shore to which an order of the board of trade. . . . relates (as far as it is not within the body of any county) is to be deemed within the body of the adjoining county or each of such counties, if more than one.

30. Under the Truck Act, where county magistrates may act in boroughs in cases where the borough magistrates are disqualified by the act, and in that case the complaint may be heard at any petty sessions not exceeding twelve miles from the place where the offence is committed (1 & 2 Will. 4, c. 37, s. 22).

31. For offences in union workhouses, comprising parishes of
two or more counties, the justices of a county where the
workhouse is situate may commit the offender to the gaol
of the county, &c. in which the parish is situate to which
he is chargeable (7 & 8 Vict. c. 101, s. 57; and see 11 &
12 Vict. c. 110, s. 9).

32. Under the Poor Law Amendment Act, 1867, where a union
extends into several jurisdictions, every matter, act, charge
or complaint by which the guardians thereof are affected,
or in which they have any interest, shall for the purposes
of jurisdiction [of justices] be deemed to arise or exist
equally throughout the union (30 & 31 Vict. c. 106, s. 27).
33. Under the Vaccination Act of 1867, where a union or parish
shall be comprised in several jurisdictions [of justices] the
complaint as to any matter [under the act] arising in such
union or parish may be heard and determined in any one
of such jurisdictions (30 & 31 Vict. c. 84, s. 33).
34. Accessories in summary convictions may be convicted where
the principal may be convicted, or where the offence of
aiding, abetting, counselling or procuring was committed
(11 & 12 Vict. c. 43, s. 5).

35. Under the Lands, Railways, Markets and Fairs, Cemeteries,
Waterworks, Harbours, &c. Clauses Acts, if the matters
arise in respect of lands situate not wholly in one jurisdic-
tion, they may be heard before a justice of the peace where
any part of such lands shall be situated (8 Vict. cc. 18, 20,
s. 3; 10 & 11 Vict. cc. 14, 17, 27, 65, s. 3).
36. Under the act as to the Cattle Plague or Contagious Diseases
(Animals), every offence against the act or any order of
the Privy Council or regulation of a local authority is
deemed to have been committed, and every cause of com-
plaint to have arisen, either in the place in which the same
actually was committed or arose, or in any place in which
the person charged or complained against happens to be
(32 & 33 Vict. c. 70, s. 109).

37. Under the Merchant Shipping Act, 1854, offences are to be Titles: deemed to have been committed, and causes of complaint "Merchant Shipping." to have arisen, either in the place where they actually were committed or arose, or in any place in which the offender or person complained against may be (17 & 18 Vict. c. 104, s. 520; and also offences on board vessels on waters passing through several jurisdictions, s. 521; and so under the Dockyard Ports Regulation Act, 28 & 29 Vict. c. 125, ss. 21, 22).

38. Under the County Courts Act penalties may be recovered before any justice having jurisdiction where the offender shall reside or be, or the offence shall be committed (9 & 10 Vict. c. 95, s. 130).

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39. For offences against the Customs' Laws, informations may be determined in any county,-and offences are to be deemed to have been committed either in the place in which the same actually were committed, or in any place on land where the offender may be or be brought (16 & 17 Vict. c. 107, ss. 275, 304).

66

County Courts:"

"Customs."

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40. Offences punishable under the acts relating to Factories, Factories," Print Works, Bleaching Works, Lace Factories, Calender- fc. ing and Earthenware Works, &c. may be determined by the justices of the adjoining county or place within five miles of the place where offence committed (see 7 Vict. c. 15, s. 45; 8 & 9 Vict. c. 29, s. 32, and other acts referred to in title "Factories," Chap. III. of Part I. of this Volume).

41. Offences under the Sea Birds Preservation Act, 1869, 32 & 33 Vict. c. 17, committed within the jurisdiction of the Admiralty, may be determined in any county (s. 6), or, in or upon waters forming the boundary between any two counties, districts of quarter or petty sessions, may be prosecuted in either such counties or districts (s. 7).

42. The warrants of any police magistrate within the metro- "London." politan police district, for any matter arising within it, may be executed in any part of the kingdom without indorsement (2 & 3 Vict. c. 71, s. 17); and the warrants of the justices of the city of London may be executed in the counties of Middlesex, Surrey, Hertford, Essex and Kent, and warrants issued by justices of those counties may likewise be executed in the city of London (2 & 3 Vict. c. xciv, s. 23).

Local jurisBy the 45th section of the Summary Jurisdiction Act, 1879, diction of the it is enacted that

court under the Summary

"Where a person is charged with an indictable offence men- Jurisdiction

Act, 1879.

Above exceptions not applying to special ses. sions matters.

tioned in the first schedule to this act before a court of summary jurisdiction for any county, borough or place, and the court have jurisdiction to commit such person for trial in such county, borough or place, although the offence was not committed therein, such court shall also have jurisdiction to deal with the offence summarily in pursuance of this act."

The above exceptions to the general rule in respect of jurisdiction as to place,--that justices must act within the limits in which the offence is committed or matter arose,-numbered 1 to 40 respectively (with the exceptions of Nos. 2 and 3, ante, p. 18, as to justices of a county, riding, &c. acting as such within an adjoining city or borough, &c., and their authority in detached parts of counties, both of which provisions appear to be general and extend to most other proceedings), do not apply to those numerous judicial matters expressly required by various statutes to be done at special sessions, or in petty sessions holden for the division of the county where the matter arose, such as the appointment of constables, orders in bastardy, or the like.

Justices'

authority ex officio in other matters:

in unions;

as land tax commission

ers;

sewers;

2. Ex Officio Authority of Justices.

All justices of the peace residing within parishes which have been formed into a union by the poor law commissioners [or in any extra-parochial place the boundary line of which or the greater part of the boundary line of which is included within or coincident with the boundary line of such union, 7 & 8 Vict. c. 101, s. 24], within the county for which they are justices, shall be ex officio guardians of the poor of such union; and they may, if they think fit, act as members of the board of guardians, in addition to and in like manner as those guardians who are elected (4 & 5 Will. 4, c. 76, s. 38). So, where a single parish is placed under a board of guardians by the poor law commissioners, every justice of the peace resident therein, and acting for the county, riding or division in which such parish is situate, shall be and may act as an ex officio member of such board (Id. s. 39). All justices of the peace may act as commissioners of land tax, although not specifically named as commissioners in the act (45 Geo. 3, c. 48, s. 3). After the expiration of a commission of sewers, the justices of

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