Page images
PDF
EPUB

nesses being commonly mariners and shipmen, depart without long tarrying or protraction of time. This statute is almost in terms with 27 Hen. 8. c. 4., except that it adds “ treasons” to the offences.

It seems that the stat. 27 Hen. 8. does not authorize the trial of felonies created by subsequent statutes, for which provision was therefore made by the 39 Geo. 3. c. 37.(z) The prisoner was indicted for maliciously shooting, and the offence was within a few weeks after the passing of the 39 Geo. 3., and before notice of it could have reached the place where the offence was committed : and, upon a case reserved, none of the Judges supposed that the party could have been tried if the 39 Geo. 3. had not passed ; and as he could not have known of that act, they thought it right that he should have a pardon.(a) And it was decided that a party was not triable under both or either of these statutes for maliciously shooting, within 43 Gco. 3. c. 58.: but this decision proceeded upon the terms of the 43 Geo. 3., which confined its operation to England and Ireland.(b)

SECT. III.

Oj the Court by which the Offence of Piracy may be tried. Tue offence of piracy was formerly cognizable only by the Admiralty Courts, which proceeded without a jury, in a method much conformed to the civil law. But it being inconsistent with the liberties of the nation that any man's life should be taken away, unless by the judgment of his peers or the common law of the land, the statute 28 Hen. 8. c. 15. established a new jurisdiction. By that statute it was enacted, that this offence should be tried by commissioners nominated by the Lord Chancellor, the indictment being first found by a grand jury of twelve men, and afterwards tried by another jury as at common law; and that the course of proceedings should be according to the law of the land. Amongst the commissioners there are always some of the common law Judges; (c) and by the Admiralty Court thus constituted the offence of piracy, and other marine offences, are now tried. But the statute 28 Hen. 8. merely altered the mode of trial in the Admiralty Court; and its jurisdiction still continues to rest on the same foundations as it did before that act. It is regulated by the civil law, et per consuetudines marinas grounded on the law of nations, which

may possibly give to that court a jurisdiction that our common law has not. (d)

(z) Ante, 106. Rex v. Snape, East. tended by 1 Geo. 4. c. 90. s. 1. See P. C. 807.

post, Book III. Chap. x. (a) Rex v. Bailey, Hil. T. 1800. MS. (c) Generally lwo. 4 Bla. Com. 269. Bayley, J. and Russ. & Ry. 1.

(d) By Mansfield, C. J. Rex v. De(6) Rex v.

Amarro, Mich. T. 1814. pardo, i Taunt. 29. Russ. and Ry. 286. The act was ex

Times for The statute 32 Geo. 2. c. 25. s. 20. for the more speedy bringing holding the court.

of offenders to justice, &c. enacts, that a session of oyer and ter32 Geo. 2. miner and gaol delivery for the trial of offences committed upon c. 25. s. 20.

the high seas, within the jurisdiction of the Admiralty of England, shall be holden twice at least in every year; viz. in March and October, at the Old Bailey; (except when the sessions of oyer and terminer and gaol delivery for London and Middlesex shall be there holden) or in such other places in England as the Lord High Admiral, &c. shall, in writing under his hand, directed to the Judge

of the Court of Admiralty, appoint. Offences com- The statute 11 and 12 W. 3. c. 7. s. 1. made provision for the mitted on the trial of piracies, felonies, &c. committed upon the sea, or in any be tried in any haven, &c. and a later statute 46 Geo. 3. c. 54. enacts, that all of his Majes- treasons, piracies, felonies, robberies, murders, conspiracies, and ty's islands, other offences of what nature or kind soever, committed &c. by virtue

the

upon of his com- sea, or in any haven, river, creek, or place, where the admiral or mission under admirals have power, authority, or jurisdiction, may be enquired the great seal, of, tried, &c. according to the common course of the laws of this

&

realm used for offences committed upon the land within this realm, and not otherwise, in any of his 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 Commissioner 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 hare such and the like powers and authorities for the trial of all such murders, &c. within any such island, &c. as any commissioners appointed according to the directions of the statute 28 Hen. 8. by any law or laws then in force would have for the trial of the said offences within this realm. And it further enacts, that all persons convicted of any of the said offences so to be tried, &c. shall be liable to the same pains, &c. as by any laws then in force persons convicted of the same would be liable to, in case the same were tried, &c. within this realm, by virtue of any commission according to the directions of the 28 Hen. 8.

CHAPTER THE NINTH.

OF NEGLECTING QUARANTINE, OF SPREADING CONTAGIOUS

DISORDERS, AND OF INJURY TO THE PUBLIC HEALTH.

SECT. I.

Of neglecting Quarantine. The performance of quarantine, or forty days' probation, when ships arrive from countries infected with contagious disorders, having been considered as of the highest importance, with reference to the public health of the nation, has been enforced from time to time by various legislative enactments. These were formerly of considerable severity: but the recent statute 6 Geo. 4. c. 78. repeals all former acts upon this subject, and enforces the performance of quarantine principally by pecuniary penalties. Some offences however subject the offender to imprisonment, and some are of the degree of felony. It may be here observed, that in a case which arose upon a former statute 26 Geo. 2. c. 6. which enacted, that all persons going on board ships coming from infected places should obey such orders as the King in council should make, but did not award any particular punishment, nor contain a clause as to the jurisdiction of justices of the peace, it was holden that disobedience of such an order of council was an indictable offence, and punishable as a misdemeanor at common law. (a)

The seventeenth section of this statute 6 Geo. 4. enacts, that “ if 6 Geo. 4.

any commander, master, or other person, having charge of any c. 78. s. 17. “ vessel liable to perform quarantine, and on board of which the penalty on

plague, or other infectious disease or distemper, shall not then quitting ves“ have appeared, shall himself quit, or shall knowingly permit or sels, or persuffer

mitting per: any seaman or passenger coming in such vessel to quit

sons to quit “ such vessel, by going on shore, or by going on board any other them, or not “ vessel or boat, before such quarantine shall be fully performed, conveying “ unless by such licence as shall be granted by virtue of any order them to the " in council, to be made concerning quarantine as aforesaid, or in places, 4001. “ case any commander or other person having charge of such ves“ sel shall not, within a convenient time after due notice given for “ that purpose, cause such vessel, and the lading thereof, to be “conveyed into the place or places appointed for such vessel and

(a) Rcx v. Harris, 4 T. R. 209. 2 Leach 549.

sonment for

and forfeit 3001.

lading to perform quarantine; then and in every such case every “ such commander, master, or other person as aforesaid, for every

“such offence shall forfeit and pay the sum of four hundred pounds; Persons com- “ and if any such person coming in any such vessel liable to quaing in such

“ rantine (or any pilot or other person going on board the same, vessels, or going on

“ either before or after the arrival of such vessel at any port or board, and “place in the united kingdom, or the islands aforesaid), shall, quitting them « either before or after such arrival

, quit such vessel, unless by before discharged from “ such licence as aforesaid, by going on shore in any port or place quarantine, to “ in the united kingdom, or the islands aforesaid, or by going on suffer impri

“ board any other vessel or boat, with intent to go on shore as six months, “aforesaid, before such vessel so liable to quarantine as aforesaid

“shall be regularly discharged from the performance thereof, it “ shall and may be lawful for any person whatsoever, by any kind “ of necessary force, to compel such pilot or other person so quit“ ting such vessel, so liable to quarantine, to return on board the “same; and every such pilot or other person so quitting such “ vessel so liable to quarantine shall for every such offence suffer

imprisonment for the space of six months, and shall forfeit and

pay the sum of three hundred pounds." Penalty on

The 21st section enacts, “that if any officer of his Majesty's persons em- “ customs, or any other officer or person whatsoever, to whom it bezzling goods “ doth or shall appertain to execute any order or orders made or to quarantine, “ be made concerning quarantine, or the prevention of infection, neglecting or “ and notified as aforesaid, or to see the same put in execution, deserting their « shall knowingly and wilfully embezzle any goods or articles permitting per- forming quarantine, or be guilty of any other breach or neglect sons, vessels,

“ of his duty in respect of the vessels, persons, goods, or articles, &c. to depart

performing quarantine, every such officer or person so offending rity, or giving “ shall forfeit such office or employment as he may be possessed of,

“ and shall become from thence incapable to hold or enjoy the cates, or damaging goods.

same, or to take a new grant thereof; and every such officer

" and person shall forfeit and pay the sum of two hundred pounds; And officers,

“and if any such officer or person shall desert from his duty when &c. deserting employed as aforesaid, or shall knowingly and willingly permit their duty, or giving false

any person, vessel, goods, or merchandize, to depart or be concertificate of “veyed out of the said lazaret vessel or other place as aforesaid, performance “unless by permission under an order of his Majesty, by and with of quarantine, “ the advice of his council, or under an order of two or more of the to be guilty of felony. “ lords or others of his privy council ; or if any person hereby au

“thorized and directed to give a certificate of a vessel having duly

performed quarantine or airing, shall knowingly give a false cer“ tificate thereof, every such person so offending shall be guilty of “ felony; and if any such officer or person shall knowingly or “ wilfully damage any goods performing quarantine under his di“ rection, he shall be liable to pay one hundred pounds' damages,

“ and full costs of suit, to the owner of the same.” Publication The publication in the London Gazette of any order in council, of orders of

or of any order by two or more of the lords or others of the privy in the London council, made in pursuance of the act, or his Majesty's royal proGazette to be clamation made in pursuance of the same, is to be deemed and sufficient no- taken to be sufficient notice to all persons concerned, of all matters

without autho

false certifi

[ocr errors]

therein respectively contained.

tice.

vessel came or

were liable

The statute also enacts, that in any prosecution, suit, or other Sect. 36. proceedings against any person or persons whatsoever, for any of the comoffence against this act, or any which may hereafter be passed mander, &c. concerning quarantine, or for any breach or disobedience of any are to be eviorder made by his Majesty by the advice of his privy council

, con- place from ce:ning quarantine, and the prevention of infection, notified or which the published as aforesaid, or of any order or orders made by two or

touched at, more of the privy council, the answers of the commander, master, and the having or other person, having charge of any vessel, to any question or been directed interrogatories put to him by virtue and in pursuance of the act, or to

to perform

quarantine is of any act which may hereafter be passed concerning quarantine, to be received or of any such order or orders as aforesaid, shall be received as as prima facie evidence so far as the same relate to the place from which such evidence that vessel came, or to the place or places at which she touched in the course of her voyage : and also that where any vessel shall have thereto; and been directed to perform quarantine by the superintendant of qua- performance of rantine, or his assistant, or, where there is no superintendant or quarantine to assistant, by the principal officer of the customs at any port or be proof of place, or other officer of the customs authorized to act in that liability to

quarantine. behalf; the having been so directed to perform quarantine shall be

The having given and received as evidence that such vessel was liable to qua- been directed rantine, unless satisfactory proof be produced by the defendant to to perform shew that the vessel did not come from, or touch at, any

such place

quarantine is or places, as is or are stated in the said answers, or that such vessel, that the vessel although directed to perform quarantine, was not liable to the per- was liable to formance thereof. And it further enacts, that where any vessel quarantine: shall in fact have been put under quarantine by the superintendant, fendant shew &c. and shall actually be performing the same, such vessel shall, the contrary. in any prosecution, &c. for any offence against this act, or any other where any act hereafter passed concerning quarantine, or against any orders vessel shall in of council as aforesaid, be deemed liable to quarantine, without put under proving in what manner or from what circumstances such vessel quarantine, became liable to the performance thereof.

performing the same, it shall be deemed liable without proof of the manner in which it became liable.

to be evidence

de

and shall be

SECT. II.

Of Spreading Contagious Disorders, and of Injury to the

Public Health.

With the same regard to the public health, upon which the sta- Persons intutes relating to quarantine have proceeded, the Legislature appears fected with the to have acted in former times, in making persons guilty of felony abroad and inwho, being infected with the plague, went abroad and into com- fecting others. pany, with infectious sores upon them, after being commanded by

VOL, I,

« EelmineJätka »