at sea are now punishable in the same manner as if committed on land. 7 & 8 G. 4, c. 28, s. 12.

By stat. 28 H. 8, c. 15, all treasons, felonies, robberies, murders, and conspiracies committed on the seas, or in any haven where the admiral has jurisdiction, were triable, according to the course of the common law, in such places as were appointed by commission. But that mode of proceeding being found productive of delay, jurisdiction was given to the central criminal court of all offences "committed or alleged to have been committed on the high seas, and other places within the jurisdiction of the Admiralty of England." 4 & 5 W. 4, c. 36, 8. 22. And see R. v. Wallace, 1 Car. & M. 200. And now, by stat. 7 & 8 Vict. c. 2, s. 1, authority is given to Her Majesty's judges of assize and commissioners of oyer and terminer, 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, by sect. 2, in all indictments preferred before them, the venue laid in the margin shall be the same as if the offence were committed in the county where the trial is to be had, but the material facts shall be averred to have taken place "on the high seas." It is not necessary to allege that it was committed within the jurisdiction of the Admiralty. R. v. Jones et al., 2 Car. & K. 165. 1 Den. C. C. 101. And the accessory before or after the fact, may be tried by the same court which has jurisdiction to try the principal felon. Ante, pp. 15, 18.

Murder and manslaughter.] Where the death and cause of death both happen in the same county, &c., the venue of course must be laid there. Where the cause of death happens in one county and the death in another, the venue may be laid in either. See stat. 7 G. 4, c. 64, s. 12, ante, p. 65. And where the cause of death happens in England, and the death on the high seas, or at any place out of England,—or if the cause of death happen on the high seas or at any place out of England, and the death in England,-the party, whether charged with murder or manslaughter, or as accessory before the fact to murder, or after the fact to murder or manslaughter, may be tried in the county or place in England where the cause of death or death happened, in the same manner as if the offence had been wholly committed in that county or place. 9 G. 4, c. 31, 8. 8. Ante, pp. 65, 66.

Libel.] In an indictment for publishing a libel, the venue must be laid in the county, &c., where it was published. But if the publication were by sending it from the defendant to the prosecutor, unsealed, &c., the venue may be laid either in the county from which it was sent, or in that in which it

was received. And the same, if it were sent sealed, and the indictment was for writing or printing and publishing it. See R. v. Burdett, 4 B. & Ald. 95.

Larceny.] The venue in larceny, as in other cases, may be laid in the county in which the goods were stolen. But at common law, if a man steal goods in one county, and carry them into another, he may be indicted and tried in either; 2 Hawk. c. 25, s. 38; for he is deemed guilty, as well of a taking as of a carrying away, in both. The larceny, however, must be one at common law, and not a larceny created by statute. R. v. Millar, 7 Car. & P. 665. And now, by stat. 7 & 8 G. 4, c. 29, s. 76, if any person, having stolen or otherwise feloniously taken any chattel, money, or valuable security, or other property whatsoever, in any one part of the United Kingdom, shall afterwards have the same property in his possession in any other part of the United Kingdom, he may be dealt with, tried, and punished for larceny or theft in that part of the United Kingdom where he shall have such property, in the same manner as if he had actually stolen or taken it in that part. Jersey, however, is not a part of the United Kingdom, for this purpose; and therefore where it appeared that the prisoner stole the goods in Jersey, and they were found in his possession at Weymouth in Dorsetshire, the judges held that he could not be indicted for it in Dorsetshire, within the meaning of this Act. R. v. Prowes, Ry. & M. 349. And see R. v. Madge, 9 Car. & P. 29. So, where a man stole a brass furnace in Radnorshire, broke it to pieces there, and then brought the pieces of brass into the county of Hereford: Hullock, B., held that he could not be indicted in Hereford for stealing the furnace there, it never having in fact been in Hereford. R. v. Halloway, 1 Car. & P. 127. But no distance of time, between the stealing in one county and having the property in another, will prevent the party from being indicted in the latter county; and therefore where the property was stolen by the prisoner in Yorkshire in November, 1823, and brought by him into Durham in March, 1824, the judges held that he might be indicted for the larceny in Durham. R. v. Parkin, Ry. & M. 45. But where the prisoners stole two horses at different times and at different places in Somersetshire, and brought both at the same time into Wilts, and had them there in their possession: Littledale, J., held that this did not warrant the including both larcenies in one indictment; and he therefore put the prosecutor to his election as to which offence he would prosecute. R. v. Smith and Jefferies, Ry. & Mo. N. P. C. 295.

Embezzlement.] The venue must be laid in the county, &c., in which the embezzlement took place, if that be known.

But in the absence of express evidence upon that subject, the venue may be laid, either in the county where the defendant received the money, &c., or (and perhaps more properly) in the county in which he ought to have accounted for it to his master, and did not. Where the master resided in Staffordshire, and the prisoner by his orders received money for him in the county of Salop, and, being afterwards asked by his master in Staffordshire whether he had received it, said he had not; and there was no evidence in which of the two counties the embezzlement actually took place being indicted for this offence in the county of Salop, ten of the judges held it to be correct. R. v. Hobson, 1 East, P. C. xxiv., R. & Ry. 56. On the other hand, where a master, residing in Middlesex, sent his servant to a customer in Surrey with goods, for which he was to be paid, and he received payment from the customer accordingly; and being asked by his master, on his return, if he had received payment, answered that he had not: being indicted for the offence in Middlesex, and it being objected that he should have been indicted in Surrey where he received the money, the judges held that he was properly indicted in Middlesex; that the denial of the receipt of the money, when the prisoner was called upon by his master to account for it, was the first act from which the jury could with certainty say that the prisoner intended to embezzle it; and that even if it were proved that he had spent the money in Surrey, that would not necessarily have confined the trial of the offence to that county.. R. v. Taylor, R. & Ry. 63.

False pretences.] The obtaining of the money by the false pretence, is in this case the offence, and the venue must therefore be laid in the county, &c., where the money was obtained. A difficulty sometimes arises in this respect, where the false pretence is made by letter. Where the prisoner gave the letter containing the false pretence, to an accomplice in Middlesex, desiring him to put it into the post-office at Gravesend; it was dated as from Gravesend, and directed to the prosecutor at Bath, requesting him to send him a post-office order by post, directed to James Power, Gravesend; the letter arrived at Bath, but the prosecutor being then in Middlesex, it was forwarded to him there, and he accordingly sent the post-office order from Middlesex to Gravesend: the prisoner being indicted in Middlesex, for obtaining this post-office order by false pretences, it was objected that the offence ought to be tried in Kent, where the order and the money for it was received; but the judges held that by desiring the order to be sent by post, the prisoner constituted the postmaster his agent for receiving it, and the postmaster having received it in Middlesex, the prisoner was properly indicted there. R. v. Jones, 19 Law J. 162 m.

Stealing from wreck, &c.] For stealing from a ship in distress, wrecked, stranded, or cast on shore, the offender may be indicted and tried, either in the county, &c., in which the offence was committed, or in any county next adjoining. 7§8 G. 4, c. 29, s. 18.

So, any person committing an offence against stat. 9 & 10 Vict. c. 99, intituled “An Act for consolidating and amending the laws relating to wreck and salvage," by which persons cutting away or defacing buoys or buoy ropes-or purchasing anchors, cables, or goods weighed up, swept for, &c.,-are punishable, may be laid to be committed and may be tried in any city, county, or place where any such article, matter, or thing in relation to which such offence shall be committed, shall have been found in the possession of the person committing the offence, or where the offender may at any time happen to be. 9 & 10 Vict. c. 99, s. 38.

Receivers.] A person charged with receiving goods feloniously stolen, or obtained by false pretences, knowing the same to have been so stolen or obtained, may be indicted and tried, either in any county or place where he shall have or shall have had the property in his possession, or in any county or place where the principal offender may be tried, in the same manner as he may be indicted and tried in the county or place where he received the property. 7 & 8 G. 4, c. 29, s. 56.

Forgery.] By stat. 11 G. 4 & 1 W. 4 c. 66 (the Forgery Act), s. 24, if any person shall commit any offence against that Act, or shall commit any offence of forging or altering any matter whatsoever, or of offering, uttering, disposing of, or putting off any matter whatsoever, knowing the same to be forged or altered, whether the same shall be indictable at common law or by virtue of any statute made or to be made : the offence of every such offender may be dealt with, tried, and punished, and laid and charged to have been committed, in any county or place in which he shall be apprehended or be in custody, as if his offence had been actually committed in that county or place; and every accessory before or after the fact, if the same be a felony, and every person aiding, abetting, or counselling the commission of such offence, if the same be a misdemeanor, may be dealt with, indicted, tried, and punished, and his offence laid and charged to have been committed in any county or place in which the principal may be tried. Where the jury found that the prisoner was guilty of the forgery with which he was charged, but that there was no evidence of his having committed it within the jurisdiction of the court: the judge held that the defendant being before the court at his trial, was there "in custody" within the meaning of the above section, and that it was therefore unnecessary to allege or

prove when or where he was taken into custody. R. v. Smythies, 19 Law J.31, m. ; and see R. v. Whiley, 1 Car. § K.

150.

Treason or conspiracy.] The venue in treason committed in England, may be laid in any county in which a good overt act can be proved. Treason out of the realm, may be tried either before the court of Queen's Bench, by a jury of the county where the court sits,-or by commission, in any county therein named, by a jury of such county. 35 H. 8, c. 2; see 2 Hawk. c. 25, 88. 48-53.

So the venue in conspiracy may be laid in any county where a good overt act can be proved. R. v. Brisac & Scott, 4 East, 171.

Unlawful oaths.] In an indictment for administering an oath to commit treason or murder, the venue may be laid, and the offender tried before a court of over and terminer, in any county in England, as if the offence were committed there. 52 G. 3, c. 104, s. 8.

Foreign service.] The offence of engaging in foreign military or naval service, without licence from the crown, or going abroad for that purpose, or engaging others in such service, -if committed in England, may be tried before the court of Queen's Bench, and the venue laid at Westminster; or at the assizes or sessions for the county where the offence was committed, and the venue laid there; 59 G. 3, c. 69, s. 4; or if committed out of the United Kingdom, the offender may be prosecuted in the court of Queen's Bench, Westminster, and the venue laid at Westminster, in the county of Middlesex. Id. 8. 9.

Inciting to mutiny.] The offence of endeavouring to seduce any person serving in Her Majesty's forces by sea or land, from their duty and allegiance, or inciting them to mutiny, which is made felony by stat.37 G. 3, c. 70, s. 1, may, whether committed on the high seas or in England, be prosecuted and tried before any court of oyer and terminer or gaol delivery for any county in England, as if the offence had been committed there. 37 G. 3, c. 70, s. 2.

Smuggling.] In an indictment for smuggling, or for any offence against stat. 8 & 9 Vict. c. 87, or any other Act relating to the customs, if the offence have been committed in England, the venue may be laid and the offender tried in any county, m such manner and form as if the offence was committed in that county. 89 Vict. c. 87, s. 136. And where any offence shall be committed on the high seas against that Act or any