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Pt. XIII.

684—686. or, if both or either of the parties to the proceeding happen during that time not to he within the jurisdiction of the court capable of dealing with the case, unless the same is commenced in the case of a summary conviction within two months, and in the case of a summary order within six months after they both first happen to arrive, or to be at one time, within that jurisdiction (a).

(3.) No law for the time being in force under any Act, ordinance, or otherwise, which limits the time within which summary proceedings may be instituted shall affect any summary proceeding under this Act.

(4.) Nothing in this section shall affect any proceeding to

66 & 57 Vict, which the Public Authorities Protection Act, 1893, applies.

o. 61.

(«) Whero a seaman took proceedings against a person for attempting to persuade him to neglect to join his ship, it was held that "partita to the proceeding" meant the person committing the offence and tho person against whom it was committed, and that if either of them left the kingdom during the six months after the commission of the offence an information might bo laid within two months of his return. Aunlinv. OUcn (1868), 37 L. J. M. C. 31: L. B. 3 Q. B. 208.

Jurisdiction.

Provision as 684. For the purpose of giving jurisdiction under this Act, to jurisdiction every offence shall be deemed to have been committed and every offences. cause of complaint to have arisen either in tho place in which

[1854, s. 520.] the same actually was committed or arose, or in any place in which the offender or person complained against may be.

Jurisdiction 685. — (1.) Where any district within which any court,

over ships justice of the peace, or other magistrate, has jurisdiction either

coasts. under this Act or under any other Act or at common law for

[I854,s.52i.] any purpose whatever is situate on the coast of any sea, or

abutting on or projecting into any bay, channel, lake, river, or

other navigable water, every such court, justice, or magistrate,

shall have jurisdiction over any vessel being on, or lying or

f>assing off, that coast, or being in or near that bay, channel, ake, river, or navigable water, and over all persons on board that vessel or for the time being belonging thereto, in the same manner as if the vessel or persons were within the limits of the original jurisdiction of the court justice or magistrate (a).

(2.) The jurisdiction under this section shall be in addition to and not in derogation of any jurisdiction or power of a court under the Summary Jurisdiction Acts (b).

(a) See note Foreign Jurisdiction to s. 68G. See also Archbold's Criminal Pleading, 23rd ed., pp. 39 et teg.

(4) See s. 46 of the Summary Jurisdiction Act, 1879, which contains provisions somewhat similar to thoso of sub-s. (1).

Jurisdiction 686.—(1.) Where any person, being a British subject, is

in case of charged with having committed anv offence on board any Pt. XIII.

offences on ° °'

board ship.

British ship on the high seas or in any foreign port or harbour 686. or on board any foreign ship to which he does not belong [a), or, ng & i9 vict not being a British subject, is charged with having committed c. 91,s. 21; any offence on board any British ship (b) on the high seas (c), 30 & 31 Vict, and that person is found within the jurisdiction (d) of any court °* '8* J in Her Majesty's dominions, which would have had cognizance of the offence if it had been committed on board a British ship within the limits of its ordinary jurisdiction, that court shall have jurisdiction to try tho offence as if it had been so committed.

(2.) Nothing in this section shall affect the Admiralty 12 & 13 Vict. Offences (Colonial) Act, 1849 («). c- 96

Note.Foreign Jurisdiction, §c.—By tho Foreign Jurisdiction Act, 1890, His Majesty has power by Order in Council to extend s. 11 of M. S. A. 1867 (30 & 31 Vict. c. 124), and Part X. ("Legal Procedure ") of M. S. A. 1854, "or any enactments for the time being in force amending or substituted for the same, with or without any exceptions, adaptations, or modifications, to any foreign country in which for the time being His Majesty has jurisdiction. (See also the general provisions of the Interpretation Act, 1S89, s. 38, sub-s. (1), post, p. 420, as to references in any Act to provisions of any other Act which are repealed and re-enacted.) It seems, therefore, that this power applies to such provisions of s. 68G as maybe said to amend or be substituted for s. 11 of M. S. A. 1867, and to the provisions of this Act (viz. ss. 680—712), which in like manner represent Part X. [i.e., ss. 617—543) of M. 8. A. 1854.

Sect. 686, or Part XIII. of M. S. A. 1894, or s. 11 of M. S. A. 1867 have been applied by Orders in Council to one or other of the following countries:—Africa, Continent, 15th October, 1889; British Central Africa Protectorate, 11th August, 1902; East African Protectorate, 11th August, 1902; Uganda, 11th August, 1902; Somaliland, 7th October, 1899; Brunei, 24th July, 1901 ; Wei-hai-Wei, 24th July, 1901 ; Morocco, 28th November, 1899; Pacific Ocean, 15th March, 1893; Persia, 13th December, 1889; Turkev, 8th August, 1899; China and Corea, 24th October, 1904; Siam, 21st April; 1906; Zanzibar, 11th May, 1906. See St. K. k O. for the years of the orders mentioned above, title "Foreign Jurisdiction."

As to the jurisdiction in cases of offences by foreigners on board foreign ships within the "territorial waters of Her Majesty," and as to what are such waters, see the Territorial Waters Jurisdiction Act, 1878.

As to the law before that Act, see Reg. v. Keyn, The Franoonia, infra.

(a) Passengers have been held to bo " persons belonging to" a ship within the meaning of certain other provisions: see note (A) to s. 544 and The Fusilier there cited. But qncere whether they would be held to be such within this section.

(A) "Where a foreign ship ran into and sank a British ship and so caused the death by drowning of a passenger on board the latter, and the facts were such as to amount to manslaughter by the master of the former vessel, the offence was held not to have been committed on board a British ship. Reg. v. Keyn, The Franeonia (1876), 46 L. J. M. C. 17; 2 Ex. D. 63. See the judgment of Bramwell, J. A., 2 Ex. D. at p. 150.

It is immaterial, as to the liability of a foreigner to punishment or to the jurisdiction of the court to try him, that he was illegally and by force taken on board an English ship and there detained in custody at the time of the act alleged to be an offenco, if such act was not committed for the purpose of releasing himself from the illegal duress. Reg. v. Lopez, Reg. v. Sattler (1858), 27 L. J. M. C. 48; Dears. & B. C. C. 525.

(e) As to the jurisdiction in case of an offence on board a British ship lying at a foreign port in a river, but within tho ebb and flow of the tide, see R. v. Carr (No. 2} (1882), 52 h. J. M. C. 12; 10 Q. B. D. 76.

(rf) A person is "found within the jurisdiction" if he be brought within it, even against his will. R. v. Lopez, R. v. Sattler, supra.

'e) That Act provides for trial in colonies of offences on the high seas.

Pt. XIII.

687-688.

Offences
committed
by British
seamen at
foreign ports
to be within
Admiralty
jurisdiction.
[1854, s. 267.]

687. All offences against property or person committed in or at any place either ashore or afloat out of Her Majesty's dominions by any master, seaman, or apprentice who at the time when the offence is committed is, or within three months previously has been, employed in any British ship shall be deemed to he offences of the same nature respectively, and be liable to the same punishments respectively, and be inquired of, heard, tried, determined, and adjudged in the same manner and by the same courts and in the same places as if those offences had been committed within the jurisdiction of the Admiralty of England; and the costs and expenses of the prosecution of any such offence may be directed to be paid as in the case of costs and expenses of prosecutions for offences committed within the jurisdiction of the Admiralty of England.

The effect of this section appears to be that the offences therein indicated, when committed by the persons specified abroad, are to be treated as if committed within the Admiralty jurisdiction, and are to be tried in the same way as offences committed within that jurisdiction are triable. The statutes dealing with the trial of offences within the Admiralty jurisdiction are too numerous to be usefully dealt with in this note, but will be found set out in the yearly Index to the Statutes under the heading "Sea."

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Damage occasioned by Foreign Ship.

688.—(1.) Whenever any injury has in any part of the world been caused to any property (a) belonging to Her Majesty or to any of Her Majesty's subjects by any foreign ship, and at any time thereafter that ship is found in any port or river of the United Kingdom or within three miles of the coast thereof, a judge of any court of record in the United Kingdom (and in Scotland the Court of Session and also the sheriff of the county within whose jurisdiction the ship may be) may, upon its being shown to him by any person applying summarily that the injury was probably caused by the misconduct or want of skill of the master or mariners of the ship, issue an order directed to any officer of customs or other officer named by the judge, court, or sheriff, requiring him to detain the ship until such time as the owner, master, or consignee thereof has made satisfaction in respect of the injury, or has given security, to be approved by the judge, court, or sheriff, to abide the event of any action, suit, or other legal proceeding that may be instituted in respect of the injury, and to pay all costs and damages that may be awarded thereon; and any officer of customs or other officer to whom the order is directed shall detain (b) the ship accordingly.

(2.) Where it appears that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from the limits of the United Kingdom or three miles from the coast thereof, the ship may be detained for such time as will allow the application to be made, Pt. XIII.

and the result thereof to be communicated to the officer detaining 689.

the ship, and that officer shall not be liable for any costs or

damages in respect of the detention unless tbe same is proved to have been made without reasonable grounds.

(3.) In any legal proceeding in relation to any such injury aforesaid, the person giving security shall be made defendant or defender, and shall be stated to be the owner of the ship that has occasioned the damage; and the production of the order of the judge, court, or sheriff made in relation to the security shall be conclusive evidence of the liability of the defendant or defender to the proceeding.

(a) In The Bilbao (1860), Lush. 149; 3 L. T. 338; 1M.L. C. (O. S.) 5, this provision was held to give jurisdiction in a case of damage caused by a foreign ship in the River Thames, i.e., within the body of a county, to a barge, which was not a " ship or sea-going vessel" within the Admiralty Court Act, 1840, s. 6.

But the remedy iB confined to damage to property, and does not extend to injury to the person. Harris v. Owners of The Francunia (1877), 46 L. J. C. P. 363; 2 C. P. J). 173 ; and see The Vera Cru: (1884), 64 L. J. P. 9; 10 App. Cas. 59, a decision under s. 7 of the Admiralty Court Act, 1861, which provides that "the High Court of Admiralty shall have jurisdiction over any claim for damage by any ship."

(A) As to detention of ships, see s. 692.

Provisions in case of Offences Abroad.

As to the powers of Naval Courts on the high seas and abroad, see ss. 480 seg.

689.—(1.) Whenever any complaint is made to any British Conveyance of

consular officer— offenders and

witnesses to

(a.) that any offence against property or person has been United Kingcommitted at any place, either ashore or afloat, out of domor British Her Majesty's dominions by any master, seaman, or r18-j q'g8. apprentice, who at the time when the offence was com- 45 & io Vict.' mitted, or within three months before that time, was c- 55> «• 9 ] employed in any British ship; or

(b.) that any offence on the high seas has been committed by any master, seaman, or apprentice belonging to any British ship,

that consular officer may inquire into the case upon oath, and may, if the case so requires, take any steps in his power for the purpose of placing the offender under the necessary restraint and of sending him as soon as practicable in safe custody to the United Kingdom, or to any British possession in which there is a court capable of taking cognizance of the offence, in any ship belonging to Her Majesty or to any of Her subjeots, to bo there proceeded against according to law.

(2.) The consular officer may order the master of any ship belonging to any subject of Her Majesty bound to the United Kingdom, or to such British possession as aforesaid to receive and afford a passage and subsistence during the voyage to any Pt. XIII.

690. such offender as aforesaid, and to the witnesses (a), so that the master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of that tonnage; and the consular officer shall endorse upon the agreement of the ship such particulars with respect to any offenders or witnesses sent in her as the Board of Trade require.

(3.) Any master of a 6hip to whose charge an offender has been so committed shall, on his ship's arrival in the United Kingdom or in such British possession as aforesaid, give the offender into the custody of some police officer or constable, and that officer or constable shall take the offender before a justice of the peace or other magistrate by law empowered to deal with the matter, and the justice or magistrate shall deal with the matter as in cases of offences committed upon the high seas.

(4.) If any master of a ship, when required by any British consular officer to receive and afford a passage and subsistence to any offender or witness, does not receive him and afford a passage and subsistence to him, or does not deliver any offender committed to his charge into the custody of some police officer or constable as hereinbefore directed, he shall for each offence be liable to a fine not exceeding fifty pounds.

(5.) The expense of imprisoning any such offender and of conveying him and the witnesses to (he United Kingdom or to such British possession as aforesaid in any manner other than in the ship to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid out of moneys provided by Parliament.

As to the conveyance of persons under sentence of a Naval Court, and the application of this section to such cases, ceo M. S. A. 1906, s. 67. See also the powers of a consular officer under s. 723.

(«) A seaman who is sent home as a witness is not entitled to anv wages from the date of leaving the ship. Mrlcilk v. de «V/(1855), 4 E. & B."8H.

Inquiry into 690.—(1.) Where a case of death happens on board any

cause of death foreign-going British ship (a), the superintendent at the port

on board ship. w]jere ^e crew of the ship is discharged, shall, on the arrival of

3J9. 1888 'the ship at that port, inquire into the cause of the death, and

s. 55.] shall make in the official log an endorsement to the effect, either

that the statement of the cause of death in the log is in his

opinion true, or the contrary, according to the result of the

inquiry (/>).

(2.) A superintendent shall for the purpose of an inquiry under this section have the powers of a Board of Trade inspector under this Act (<■); and if in the course of any such inquiry it appears to a superintendent that any such death has been caused on board the ship by violence or other improper means, he shall either report the matter to the Board of Trade, or if the emer

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