c. 79. 14 and 15 VIC. c. 79.] As to steam navigation and to the 14&15 VIC. boats and lights to be carried by sea-going vessels BRIT. [7th August, 1851]. British stat. 1851. meanors or be prose indictment. 14 and 15 Vic. c. 79, sec. 34.] With respect to legal proceed- Misdeings for enforcing the provisions of this act, Be it enacted as offences to follows: All misdemeanours or offences created by this act may eated by inbe prosecuted by information at the suit of her majesty's formation or attorney general, or by indictment or other appropriate legal proceeding in any court having appropriate jurisdiction in any part of her majesty's dominions, and shall be punishable with fine or imprisonment or both as such court thinks fit; and all penalties or other sums of money hereby made payable or recoverable may be recovered with cost, and all offences hereby made punishable may, unless previously punished as misdemeanors, be prosecuted and punished, and the costs of such prosecution recovered, by some appropriate summary proceeding, before two or more justices, or before a judge exercising maritime jurisdiction, or other officer or officers having appropriate jurisdiction in any part of her majesty's dominions; and all such summary proceedings, if instituted in England or Wales, shall, so far as is consistent with the provisions of this act, be carried on in the manner directed by the act 11 and 12 Vic. c. 43, intituled, An act to facilitate the performance of the duties of 11 & 12 Vic. justices of the peace out of sessions within England and Wales with respect to summary convictions and orders. c. 43. Scotland jurisdiction Geo. IV. & c. 35. Every sheriff in Scotland shall within his own country Sheriff in and in all places in which sheriffs are authorized to exercise authorized jurisdiction in virtue of the act 11 Geo. IV. and 1 Will. IV. c. to exercise 69, have such powers and be entitled to exercise such jurisdic- under 11 tion under this act as any justices have or are entitled to I will. IV. exercise under the provisions of this act; and any proceedings can instituted under this act before any such sheriff may be conducted powers, &c., in the same way as any summary proceedings, before any sheriff's under this court in Scotland may for the time being be lawfully conducted; act. and every deliverance, sentence, and conviction of any sheriff under this act shall be final, and not subject to any review what soever. have same as justices to be where is committed, and 36. For the purpose of giving jurisdiction under this act, Jurisdiction every offence shall be deemed to have been committed, and every the offence cause of complaint to have arisen either in the place in which the same actually was committed or arose, or in any place in wherever which the offender or person complained against may be. the offender is. 59 GEO. III. c. 69. III. APPREHENSION OF OFFENDERS. (a) 59 GEO. III. c. 69.] An act to prevent the enlisting or engageBritish stat. ment of his majesty's subjects to serve in foreign service, and the fitting out or equipping, in his majesty's dominions, vessels for warlike purposes, without his majesty's licence. 1819. Justices to rant for the sion of offenders. Where offences committed out of United BRIT. [3rd July, 1819.] 59 Geo. III. c. 69, sec. 4.] It shall and may be lawful for any issue war- justice of the peace residing at or near to any port or place within apprehen- the united kingdom of Great Britain and Ireland, where any offence made punishable by this act as a misdemeanor shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the offender, and to cause him to be brought before such justice, or any justice of the peace; and it shall be lawful for the justice of the peace before whom such offender shall be brought, to examine into the nature of the offence upon oath, and to commit such person to gaol, there to remain until delivered by due course of law, unless such offender shall give bail, to the satisfaction of the said justice, to appear and answer to any information or indictment to be preferred against him according to law, for the said offence; and where any offence made punishable by this act as a misdemeanor, shall be committed out of the said United Kingdom, it shall be lawful for any justice of the peace residing near to the port or place where such offence shall be committed, on information on oath of any such offence, to issue his warrant for the apprehenrant for an sion of the offender, and to cause him to be brought before such of offender. justice, or any other justice of the peace, for such place; and it shall be lawful for the justice of the peace before whom such offender shall be brought, to examine into the nature of the offence upon oath, and to commit such person to gaol, there to remain till delivered by due course of law, or otherwise to hold such offender to bail, to answer for such offence in the supreme court, competent to try, and having jurisdiction to try criminal offences committed in such port or place; and all such offences committed in any place out of the said United Kingdon shall and may be prosecuted and tried in any superior court of his majesty's dominions, competent to try, and having jurisdiction to try criminal offences committed at the place where such offence shall be committed. Kingdom, justice to issue war prehension (a) See PROSECUTORS and WITNESSES. (Post.) 7 WILL. IV. c. 36.] For consolidating and amending the laws 7 WILL. IV. relating to malicious injuries to property. 7 WILL. IV. c. 40.] For consolidating and amending the laws in this island relating to larceny and other offences. ISLD. [March 4, 1837.] c. 36. 7 WILL. IV. c. 40. Island Acts. 1837. contra act be a warrant. 7 Will. IV. c. 36, sec. 25; 7 Will. IV. c. 40, sec. 58.] For the Persons more affectual apprehension of all offenders against [c. 40 vening this punishable under] this act, Be it enacted, That any person found apprehendcommitting any offence against either of these acts, whether the ed without same be punishable upon indictment, or upon summary conviction, may be immediately apprehended without a warrant by any peace or police officer, or by the owner of the property injured [c. 40, on or with respect to which the offence shall be committed] or by his servant, or any person authorized by him, and forthwith taken before some neighbouring justice of the peace, to be dealt with according to law. stranded, found in son who count, &c., 7 Will. IV. c. 40, sec. 21.] If any goods, merchandize, or Goods articles of any kind belonging to any ship or vessel in distress, &c., and or wrecked, stranded, or cast on shore, shall by virtue of a possession search-warrant, to be granted as hereinafter mentioned, be found in the possession of any person, or on the premises of any cannot acperson, with his knowledge, and such person being carried shall be before a justice of the peace, shall not satisfy the justice that he delivered came lawfully by the same, then the same shall by order of the owner. justice be forthwith delivered over to or for the use of the rightful owner thereof, and the offender, on conviction of such besides offence before the justice, shall forfeit and pay over and above goods. the value of the goods, merchandize, or articles, such sum of money, not exceeding £20, as to the justice shall seem meet. to the Offender to pay penalty value of the ed goods legally de thereof to 22. If any person shall offer or expose for sale any goods, Any wreckmerchandize, or articles whatsoever, which shall have been offered for unlawfully taken, or reasonably suspected so to have been, from sale may be any ship or vessel in distress, or wrecked, stranded, or cast on tained. shore as aforesaid, in every such case, any person to whom the same shall be offered for sale, or any officer of the customs, or peace officer, may lawfully seize the same, and shall with all convenient speed carry the same, or give notice of such seizure Notice to some justice of the peace; and if the person who shall have be given to offered or exposed the same for sale, being duly summoned by a justice. such justice, shall not appear and satisfy the justice that he came lawfully by such goods, merchandize, or articles, then the same shall, by order of the justice, be forthwith delivered over to or for the use of the rightful owner thereof, upon payment of a reasonable reward (to be ascertained by the justice) to the person who seized the same; and the offender, on conviction of Punishsuch offence by the justice, shall forfeit and pay over and above offenders. ment on c. 40. 7 WILL. IV. the value of the goods, merchandize, or articles, such sum of Island Act. money, not exceeding £20, as to the justice shall seem meet.(a) 1837. 6 & 7 VIC. c. 34. 6 and 7 VIC. c. 34.] An act for the better apprehension of British stat. certain offenders. BRIT. [July 28, 1843.] 1843. the colonies escaping into the United Kingdom may be apprehended. 6 and 7 Vic. c. 34, sec. 1.] Whereas it is expedient to make more effectual provision for the apprehension and trial of offenders against the law who may be in other parts of her majesty's dominions than those in which their offences were Offenders in committed: Be it therefore enacted, That from and after the passing of this act, if any person charged with having committed any offence, such as is hereinafter mentioned against the laws of any part of her majesty's dominions, not being part of the United Kingdom of Great Britain and Ireland, and against whom a warrant shall have been issued for such offence by any person having lawful authority to issue the same within that part of her majesty's dominions where such offence shall have been committed, shall be in any place within the said United Kingdom, it shall be lawful in Great Britain for one of her majesty's principal secretaries of state, and in Ireland for the chief secretary of the lord-lieutenant of Ireland, to endorse his name on such warrant, which warrant so endorsed shall be a sufficient authority to the person or persons bringing such warrant, and to all persons to whom such warrant was originally directed, and also to all constables and other peace officers in that part of the United Kingdom where the said warrant shall be so endorsed to execute the said warrant by apprehending the person against whom such warrant is directed, and to convey the said person before a justice of the peace for the county or other jurisdiction in which the supposed offender shall be apprehended, or in Scotland either before such justice of the peace, or before the sheriff depute or substitute. For apprehension of offenders the colonies. 2. And to remedy the like failure of justice by the escape of persons charged with having committed offences into those parts escaping to of her majesty's dominions which do not form part of the said United Kingdom, Be it enacted, That from and after the passing of this act, if any person charged with having committed any offence such as is hereinafter mentioned in any part of her majesty's dominions, whether or not within the said United Kingdom, and against whom a warrant shall be issued by any person or persons having lawful authority to issue the same, shall be in any other part of her majesty's dominions not forming (a) See SEARCH-PLUNDERING-WRECKS and SALVAGE. (Post.) c. 34. 1843. part of the said United Kingdom, it shall be lawful for the chief 6 & 7 VIC. justice or any other judge of her majesty's superior court of law British stat. within that other part of her majesty's dominions where such person shall be, to endorse his name on such warrant, which warrant so endorsed shall be a sufficient authority to the person or persons bringing such warrant, and also to all persons to whom such warrant was originally directed, and also to all peace officers of the place where the warrant shall be so endorsed, to execute the same within the jurisdiction of the person by whom it shall be so endorsed, by apprehending the person against whom such warrant is directed, and to convey him before a magistrate or other person having authority to examine and commit offenders for trial in that part of her majesty's dominions. may be to gaol until the place offence was 3. It shall be lawful for any person duly authorized to Offender examine and commit offenders for trial before whom any such committed supposed offender shall be brought as aforesaid, upon such he can be evidences of criminality as would justify his committal if the sent back to offence had been committed in that part of her majesty's where the dominions, to commit such supposed offender to prison, there committed. to remain until he can be sent back, in manner hereinafter mentioned, to that part of her majesty's dominions in which he is charged with having committed such offence; and immediately Information upon the committal of such person information thereof in of comwriting under the hand of the committing magistrate, accom- given. panied by a copy of the said warrant, shall be given in Great Britain to one of her majesty's principal secretaries of state, and in Ireland to the chief secretary of the lord-lieutenant, and in any other part of her majesty's dominions to the governor or acting governor. mittal to be depositions given in 4. Provided always, and be it enacted: That in every such Copies of case copies of the depositions upon which the original warrant may be was granted, certified under the hand of the person or persons evidence. issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions may be received in evidence of the criminality of the person so apprehended. ed to be place where committed. 5. It shall be lawful in Great Britain for any one of her offenders majesty's principal secretaries of state, and in Ireland for the apprehendchief secretary of the lord lieutenant, and in any other part of sent to the her majesty's dominions for the governor or acting governor, by offence was warrant under his hand and seal, to order any person who shall have been so apprehended and committed to gaol to be delivered into the custody of some person or persons to be named in the said warrant, for the purpose of being conveyed into that part of her majesty's dominions in which he is charged with having committed the offence, and being delivered into the custody of the proper authorities there, to be dealt with in due course of law as if he had been there apprehended, and to order that the. |