murders, manslaughters, rapes, robberies, and burglaries committed 59 GEO. 111. in Honduras. BRIT. [June 21, 1819.] c. 44. British stat. 1819. committed the Bay of 59 Geo. III. c. 44, s. 1.] Whereas doubts have arisen whether in the settlements in the Bay of Honduras, there be a fort or factory to which a commission may issue for the trial of offences under the act, 46 Geo. III. c. 54 (ante): And whereas by reason of such doubts, and the great delay and difficulty of removing offenders in Honduras for trial to England, or to any of his majesty's islands, plantations, colonies, dominions, forts, or factories, such crimes do sometimes escape unpunished: For remedy thereof, be it enacted, That from and after the passing of Certain this act, all murders, manslaughters, rapes, robberies, and offences burglaries committed, or that shall be committed on land, at on land on the said settlement in the Bay of Honduras, may be enquired Honduras to of, tried, heard, determined, and adjudged within the said be there settlement, in the Bay of Honduras, under or by virtue of the commission king's commission or commissions, under the great seal of Great great seal. Britain, to be directed to any such four or more discreet persons as the lord chancellor of Great Britain, lord keeper, or commissioners for the custody of the seal of Great Britain, for the time being, shall, from time to time, think fit to appoint, in the same manner as is provided and enacted with respect to any crimes directed to be enquired of, heard, determined, or adjudged, under or by virtue of any commission issued under and by virtue of the 46 Geo. III. c. 54, (ante) in any of his majesty's islands, plantations, colonies, dominions, forts, or factories. under the commission said com 2. The commissioners so to be appointed, or any three of them Powers of shall have such and the like powers and authorities for the trial ers under of all such murders, manslaughters, rapes, robberies, and burgla- mission. ries, committed within such settlement in the Bay of Honduras, as any commissioners appointed, or to be appointed, under the said act 46 Geo. III. c. 54, or would have for the trial of any offences committed upon the seas; and all persons convicted of either of the said offences, so to be tried by virtue of any commission so to be issued according to the directions of this act, shall be subject and liable to, and shall suffer all such and the same pains, penalties, or forfeitures, as by any law or laws, now Pains and in force, persons convicted of the same respectively would be subject and liable to in case the same were respectively enquired of, tried, heard, determined, and adjudged within any of his majesty's islands, plantations, colonies, or dominions by virtue of any commission made according to the directions of the aforesaid acts, 46 Geo. III. c. 54, and 57 Geo. III. c. 53, or either of them; any statute, law, or usage, to the contrary notwithstanding. penalties. 3. Provided always, That nothing herein contained shall re- Proviso for peal or affect the provisions of the act 33 Henry VIII. c. 23, VIII. e. 23 33 Hen. c. 44. 59 GEO. III. intituled an "An act to proceed by commission of oyer and terBritish stat. miner against such persons as shall confess treason, &c. without remanding the same to be tried in the shire where the same was committed." 1819. 5 GEO. IV. c. 113. 5 GEO. IV. c. 113.] To amend and consolidate the laws relatBritish stat. ing to the abolition of the slave trade. 1824. Mode of trial for offences act. [BRIT. June 24, 1824.] 5 Geo. IV. c. 113, sec. 48.] All offences against this act which shall be committed in any country, territory, or place against this other than the united kingdom, or on the high seas, or in any port, sea, creek, or place where the admiral has jurisdiction, and which shall be prosecuted as piracies, felonies, robberies, or misdemeanours, shall and may be enquired of either according to the ordinary course of law and the provisions of the act 28th Henry VIII. c. 15 (ante.), or according to the provisions of an act, 33rd Henry VIII. intituled "An act to proceed by commission of oyer and terminer against such persons as shall confess treason and felony, without remanding the same to be tried in the shire where the offence was committed," as far as the same act is now unrepealed; or according to the provisions of the act 11th and 12th William III. c. 7 (ante), in as far as the same act is now unrepealed; or according to the provisions of the act, 46th George III. c. 54 (ante); and all persons convicted of any of the said offences to be enquired of, tried, and determined under and by virtue of any commission to be made or issued according to the directions of the said act, 46th George III. as aforesaid, shall be subject and liable to, and shall suffer all and the same pains, penalties, and forfeitures as by this act, or any law or laws, now in force, persons convicted of the same would be subject and liable to in case the same were respectively enquired of, tried, and determined and adjudged within this realm by virtue of any commission according to the directions of the statute of 28 Henry VIII. Offences committed admiral's jurisdiction. 49. All offences against this act which shall be committed in any out of the place where the admiral has not jurisdiction, and not being within the local jurisdiction of any ordinary court of a British colony, settlement, plantation, or territory competent to try such offence, may be enquired of, tried, and determined under and by virtue of any commission to be issued according to the directions of the said act, 46th George III. c. 54. Process and trial.' 7 GEO. IV. c. 38. British stat. 1826. 50. All offences committed against this act may be enquired of, tried, determined, and dealt with as if the same had been respectively committed within the body of the county of Middlesex. 7 GEO. IV. c. 38.] To enable commissioners for trying offences and justices, of the peace to take examinations touch upon the sea, ing such offences, and to commit to safe custody persons charged 7 Gro. IV. therewith. BRIT. [May 5, 1826.] c. 38. British stat. 1826. sioners and may take tions and offenders to custody. 7 Geo. IV. cap. 38.] Whereas it is expedient that the commissioners of oyer and terminer for trying of offences committed within the jurisdiction of the admiralty of England, and also the commissioners named in commissions made under the act, 46 George III. cap. 54 (ante), and also the justices of the peace, in the united kingdom, should have the power, severally as well as jointly, of taking examinations upon oath, touching offences within the jurisdiction of the admiralty of England, and of committing to safe custody persons charged upon oath with such offences: Be it therefore enacted, That it shall and may be law- Commisful to and for any one or more of the commissioners, for the justices of time being, named or to be named in the commission of oyer the peace and terminer for the trying of offences committed within the examina jurisdiction of the admiralty of England; and also to or for any commit one or more of the commissioners, for the time being, named or to be named in any commission made or granted under or by virtue of the said act of 46 George III. cap. 54, and also to and for any one or more of his majesty's justices of the peace, for the time being, for any county, riding, division, or place, in the united kingdom, and they are hereby respectively authorized, empowered, and required, from time to time, to take any information or informations of any witness or witnesses upon oath, which oath they and each of them are hereby respectively authorized to administer, touching any treason, piracy, felony, robbery, murder, conspiracy, or other offence, of what nature or kind soever, committed upon the sea, or in any haven, river, creek, or place where the admiral or admirals hath or have power, authority, or jurisdiction; and thereupon, (if such commissioner or commissioners, justice or justices of the peace, shall see cause,) by any warrant or warrants, under his or their hand and seal, or hands and seals, to cause the person or persons charged in such information, or informations, to be apprehended and committed to safe custody, to remain in such until discharged in due course of law, or until bailed, in cases in which bail may, by law, be taken. 2 WILL. IV. c. 34.] For consolidating and amending the laws 2 WM. IV. against offences relating to the coin. BRIT. [May 23, 1832.] c. 34. Island Act. 1832. as 2 Will. IV. cap. 34, sec. 20.] Where any offence punishable English under this act shall be committed within the jurisdiction of the jurisdiction admiralty, the same shall be dealt with, enquired of, tried, and offences determined in the same manner as any other offence within that the coinage jurisdiction. relating to 7 WM. IV. c. 36. 7 WILL. IV. c. 36.] For consolidating and amending the laws 7 WM. IV. of this island relating to malicious injuries to property. c. 40. Island Acts. 1837. Offences committed to be tried ed as other 7 WILL. IV. c. 40.] For consolidating and amending the laws in this island relative to larceny and other offences connected therewith. ISLD. [March 4, 1837.] 7 Will. IV. cap. 36, sec. 38.-7 Will. IV. cap. 40, sec. 71.] on high seas When any felony or misdemeanour punishable under either of and punish these acts shall be committed on the high seas and within the jurisdiction of the court of vice admiralty of this island, the under these same shall be dealt with, enquired of, tried, and determined in the same manner as any other felony or misdemeanour committed within that jurisdiction. offences acts. 7 WM. IV. c. 41. 7 WILL. IV. c. 41.] For consolidating and amending the laws Island Act. in this island relative to offences against the person. 1837. Offences committed of the ad be punished offences under this ISLD. [March 4, 1837.] 7 Will. IV. cap. 41, sec. 27.] All indictable offences menwithin the tioned in this act which shall be committed within the jurisdicjurisdiction tion of the court of vice admiralty of this island, shall be miralty to deemed to be offences of the same nature, and liable to the same as similar punishments as if they had been committed upon land; and may punishable be dealt with, enquired of, tried, and determined in the same. manner as any other offences committed within the jurisdiction of the court of vice admiralty of this island: Provided always, That nothing herein contained shall alter or affect any of the laws relating to the government of his majesty's land or naval forces., 7 and 8 VIC. c. 2.] For the more speedy trial of offences comBritish stat. mitted on the high seas. act. 7 & 8 VIC. c. 2. 1844. and terininer may try offences committed seas. BRIT. [March 5, 1844. 7 and 8 Vic. c. 2, sec. 1.] Whereas it is expedient that provision be made for the trial of persons charged with offences committed against the act, 28 Henry VIII. cap. 15 (ante), For pirates, without issuing any special commission in that behalf: Be it Justices of enacted, That her majesty's justices of assize, or others her majesty's commissioners by whom any court shall be holden under any of her majesty's commissioners of oyer and terminer on the high or general gaol delivery, shall have severally and jointly all the powers which by any act are given to the commissioners named in any commission of oyer and terminer for the trying of offences committed within the jurisdiction of the admiralty of England, and that it shall be lawful for the first mentioned justices and commissioners, or any one or more of them to inquire of, hear, and determine all offences alleged to have been committed on the high seas and other places within the jurisdiction of the admiralty of England, and to deliver the gaol in every county and franchise within the limits of their several commissions of any persons committed to, or imprisoned therein, c. 2. 1844. for any offence alleged to have been committed upon the high 7 & 8 Vic. seas and other places within the jurisdiction of the admiralty of British stat. England; and all indictments found, and trials and other proceedings tried by and before the said justice and commissioners shall be valid; and it shall be lawful for the court to order the payment of the costs and expenses of the prosecution of such offences in the manner prescribed by the imperial act, 2 George IV. cap. 64, in the case of felonies tried in the high court of admiralty.' cause shall be 3. The justice or justices by whom any information shall be where taken touching any offence committed within the jurisdiction of offenders the admiralty of England under the provisions of the act passed tried. 7 George IV. c. 38 (ante); "If he or they shall see thereupon to commit such person to take his trial for such offence, shall commit him to the same prison to which he would have been committed to take his trial at the next court of oyer and terminer and general gaol delivery if the offence had been committed on land within the jurisdiction of the same justice or justices, and shall have authority to bind by recognizance all persons who shall know or declare any thing material touching the said offence to appear at the said next court of oyer and terminer and general gaol delivery, then and there to prosecute or give evidence against the party accused, and shall return all such informations and recognizances to the proper officer of the court in which the trial is to be, at or before the opening of the court; and every such offender shall be arraigned, tried and sentenced as if the offence had been committed within the county, riding, or division for which such court shall be holden." Central Court. 4. Provided always, and be it declared and enacted, That Not to affect nothing herein contained shall affect the jurisdiction belonging Criminal to the central criminal court for the trial of persons charged with offences committed on the high seas and other places within the jurisdiction of the admiralty of England, or to restrain the issue of any special commission under the first-recited act for the trial of such offenders if need shall be.2 2. 96. 12 and 13 VIC. c. 96.] To provide for the prosecution and 12 & 13 Vic. trial in Her Majesty's Colonies of offences committed within the British stat. jurisdiction of the Admiralty.3 BRIT. [August 1, 1849.] 12 and 13 Vic. c. 96, sec. 1.] Whereas by the act 11 and 12 William III. cap. 7 (ante), it is enacted, that all piracies, felonies, and robberies committed on the sea, or in any haven, river, creek, or place where the admiral, or admirals, have power, authority, or jurisdiction, may be examined, enquired of 17 Geo. IV. cap. 64.] For improving the administration of criminal justice in England. BRIT. 26 May, 1826. See PROSECUTORS & WITNESSES. (Post.) 2 See 7 and 8 Vic. c. 102. MERCANTILE MARINE. (Post.) 3 See WITNESSES, TRIALS, and EviDENCE. SENTENCES, &c. (Post.) 1849. 11 WM. III. e 7. British stat. |