11 and 12 WM. III. c. 7.] For the more effectual suppression 11 & 12 WM. of piracy. BRIT. [A.D. 1700.] 1 III. c. 7. British stat. 1700. petual by 6 and enforced sioners shall to try crimes nies. 11 and 12 Will. III. c. 7, sec. 14.] For the more effectual Made perprosecution and punishment of piracies, felonies, and robberies Geo. I. c. 19, upon the and of all other offences in this act mentioned: by 8 Geo. I. sea, Be it enacted, That the commissioners appointed, or to be c. 24 appointed by the statute of King Henry VIII., or the commissioners for trial of pirates, appointed by this act, shall have the Commis sole power and authority of trying, hearing, and determining the have power said crimes and offences within all or any of the colonies and in the coloplantations in America, governed by proprietors under grants or charters from the crown, and of bringing the offenders to condign punishment; and shall and may issue forth their warrant or warrants for the seizing and apprehending of any pirates, felons, or robbers, upon the sea, or their confederates or accessaries, being within any of the said colonies and plantations, in order to their being brought to trial within the same, or any other plantation in America, according to this act, or sent into England, to be tried there; and that all and every governor and governors, person and persons in authority in the said colonies and plantations governed by proprietors, or under charters as aforesaid, shall assist the commissioners and their subordinate officers in doing their duty, and also in the execution of such warrants and otherwise, and shall deliver up to such commissioner or commissioners, officer or officers, any pirates, felons, and robbers upon the sea, and their confederates and accessaries, in order to their being tried or sent into England as aforesaid; any letters patent, grants, or charters of government in and about the said plantations, or other usages heretofore had or made to the contrary notwithstanding.2 governors, yielding 15. If any of the governors in the said plantations, or any Penalty on person or persons in authority there, shall refuse to yield &c., not obedience to this act, such refusal is hereby declared to be a obedience. forfeiture of all and every the charters granted for the government or proprietor of such plantation. 4 GEO. I. c. 11.] For the further preventing robbery, burglary, 4Gxo. I. and other felonies; and for declaring the law upon some points British stat. relating to pirates.3 BRIT. [A.D. 1717.] c. 11. 1711. against 11 & 4 Geo. I. c. 11, sec. 7.] All and every person and persons who offenders have committed or shall commit any offence or offences for 12 wm. III. which they ought to be adjudged, deemed, and taken to be c.7, may be pirates, felons, or robbers, by the statute 11 and 12 Wm. III. 28 Hen. c. 7 (ante), may be tried and judged for every such offence in tried as by VIII. c. 15. C c. 11. 1717. 4 Gro. I. such manner and form as in and by the act 28 Henry VIII. c. British stat. 5 (ante), is directed and appointed for the trial of pirates, and shall and ought to be utterly debarred and excluded from the benefit of clergy for the said offences, any law or statute to the contrary thereof in any wise notwithstanding. 39 GEO. III. c. 37. 9. This act shall extend to all his majesty's dominions in America. 39 GEO. III. c. 37.] For re edying certain defects in the law British stat. respecting offences committed upon the high seas.1 • 1799. Offences committed on the seas the ishable as if committed on shore, and to be tried as 28 Hen. VIII. c. 15. BRIT. [10th May, 1799.] 39 Geo. III. c. 37, sec. 1.] Whereas by an act passed in the twenty-eighth year of King Henry VIII., it is enacted, That treasons, felonies, robbers, murders, and confederacies, committed on the high seas, shall be enquired of, tried, and determined in such shires and places in the realm as shall be limited by the king's commission to be directed for the same in like form and condition as if any such offence or offences had been comdirected by mitted or done in or upon the land: And whereas it is expedient to declare that other offences committed on the seas may be enquired of, tried, and determined in like manner: Be it enacted, That all and every offence and offences which, after the passing of this act, shall be committed upon the high seas, out of the body of any county of this realm, shall be, and they are hereby declared to be, offences of the same nature respectively, and to be liable to the same punishments respectively, as if they had been committed upon the shore; and shall be enquired of, heard, tried, and determined, and adjudged in the same manner as treasons, felonies, murders, and confederacies are directed to be by the same act. Persons found guilty of man slaughter 2. When any person or persons shall be tried for the crime of murder or manslaughter, committed upon the sea, by virtue of punishable any commission directed under the said act, and shall be found as if offence guilty of manslaughter only, such person or persons shall be entitled to receive the benefit of clergy, in like manner, and shall be subject to the same punishment as if he or they had committed such manslaughter in or upon the land. committed on land. 46 GEO. III. c. 54. 46 GEO. III. c. 54.] For the more speedy trial of offences comBritish stat. mitted in distant parts upon the sea. 1806. BRIT. [23rd May, 1806.] 46 Geo. III. c. 54.] Whereas treasons, murders, and divers other felonies and misdemeanours, not mentioned in the statute of the 11th and 12th William III. c. 7 (ante), cannot be tried by virtue of any commission directed under that act, but the persons committing or charged with having committed the same 1 Piratically stealing a ship's anchor and cable, is a capital offence by the marine laws, and punishable under the 28 Hen. VIII., c. 15; the 39 Geo. III.. c. 37 (supra), not extending to this case. R. & R. c. c. 123. c. 54. 1806. committed tried in any islands or sion under seal. upon the seas in or near the East or West Indies, and in places 46 GEO. III. very remote, can only be brought to trial by sending them to British stat. England to be tried within this realm, under the commission directed by the statute 28 Henry VIII. whereby not only great charges and expences are incurred, but offenders do often times escape unpunished by reason of the delay and difficulties attending such prosecutions: For remedy whereof, and in order that one uniform course of trial may be had for all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences committed upon the seas: Be it enacted, That all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences Offences of whatever nature or kind soever committed upon the sea, or in on the sea, any haven, river, creek, or place where the admiral or admirals &c., may be have power, authority, or jurisdiction, may be enquired of, tried of H. M. heard, determined, and adjudged, according to the common colonies, or course of the laws of this realm used for offences committed by commisupon the land within this realm, and not otherwise, in any of his the great majesty's islands, plantations, colonies, dominions, forts, or factories, under and by virtue of the king's commission or commissions, under the great seal of Great 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 great seal of Great Britain for the time being shall, from time to time, think fit to appoint; and that the said commissioners so to be appointed, or any three of them, shall have such and commisthe like powers and authorities for the trial of all such murders, have powers treasons, piracies, felonies, robberies, conspiracies, and other of- as under 28 fences within any such island, plantation, colony, dominion, fort, c. 15. or factory as any commissioner appointed, or to be appointed according to the directions of the said statute of 28 Henry VIII. by any law or laws now in force, have or would have for the trial of the said offences within this realm; and that all persons convicted of any of the said offences so to be tried by virtue of any commission to be made according to the directions of this act, shall be subject and liable to, and shall suffer all such and the same pains, penalties, and forfeitures, as by any law or laws now 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 this realm by virtue of any commission made according to the directions of the said statute of 28 Henry VIII.; any law, statute or usage to the contrary notwithstanding. sioners to Hen. VIII. c. 53. 57 GEO, III. c. 53.] For the more effectual punishment of mur- 57 GEO. III. ders and manslaughters, committed in places not within his majes- British stat. ty's dominions. BRIT. [June 27, 1817.] 57 Geo. III. c. 53, s. 1.] Whereas grievous murders and manslaughters have been committed at the settlement in the Bay of 1817. c 53. 1817. Murders and man committed 57 GEO. III. Honduras, in South America, the same being a settlement for British stat. certain purposes, in the possession and under the protection of his majesty, but not within the territory and dominions of his majesty, by persons residing and being within the said settlement, and the like offences have also been committed in the South Pacific ocean, as well on the high seas as on land, in the island of New Zealand and Otaheite, and in other islands, countries and places not within his majesty's dominions, by the masters and crews of British ships, and other persons who have for the most part deserted from, or left their, ships, and have continued to live and reside amongst the inhabitants of those islands, whereby great violence has been done, and a general scandal and prejudice raised against the name and character of British and other European traders: And whereas such crimes and offences do escape unpunished by reason of the difficulty of bringing to trial the persons guilty thereof: For remedy whereof, be it enacted, That from and after the passing of this act, all murders and slaughters manslaughters committed, or that shall be committed on land at the said settlement, in the Bay of Honduras, by any person or not within persons residing, or being within the said settlement, and all murders and manslaughters committed, or that shall be committed may be tried in the said islands of New Zealand, Otaheite, or within any M. foreign other islands, countries, or places not within his majesty's plantations, dominions, nor subject to any European state or power nor within the territory of the United States of America, by the master or crew of any British ship or vessel, or any of them, or by any person sailing in or belonging thereto, or that shall have sailed in, or belonged to, and have quitted any British ship or vessel to live in any of the said islands, countries, or places, or either of them, or that shall be there living, shall and may be tried, adjudged, and punished in any of his majesty's islands, plantations, colonies, dominions, forts, or factories, under or by virtue of the king's commission or commissions, which shall have been, or which shall hereafter be, issued under and by virtue and in pursuance of the powers and authorities of the imperial act 46 GEO. III. cap. 54 (ante), in the same manner as if such offence or offences had been committed on the high in certain foreign parts II. M. do minions, in any of H. &c, in same manner as offences committed on the high seas. Proviso for stat. 33 Hen. seas. and 2. Provided always, That nothing herein contained shall VIII. c. 23. repeal or affect, or shall be construed to repeal or affect the provisions of an act made and passed in the 33rd year of king Henry, VIII. intituled "An act to proceed by commission of oyer terminer against such persons as shall confess treason, &c." without remanding the same to be tried in the shire where the offence was committed. 59 GEO. III. c. 44. British stat. 1819. 59 GEO. III. c. 44.] To amend an act passed in the fifty-seventh year of his present majesty, for the more effectual punishment of murders, manslaughters, rapes, robberies, and burglaries committed in places not within his majesty's dominions, as relates to the trial of murders, manslaughters, rapes, robberies, and burglaries committed 59 GRO. III. 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 tried by 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, dominious, forts, or factories. be 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. c. 23 33 Hen. |