66

mit any rape, or of any attempt or endeavour to commit any rape, or of any infamous crime as hereinafter defined," [i. e. 'buggery, committed either with mankind or with beast, and every assault with intent to commit the said abominable crime, and every attempt or endeavour to commit the said abominable crime, and every solicitation, persuasion, promise, or threat offered or made to any person, whereby to move or induce such person to commit or permit the said abominable crime," sect. 9,] "with a view or intent to extort or gain from such person any chattel, money, or valuable security:"—felony, transportation for life, or not less than seven years, or imprisonment with or without hard labour for not more than four years. 7 & 8 G. 4, c. 29, s. 8. Vide post, tit. Letter, Threatening.

To constitute an offence within this statute, there must be an accusation or threat to accuse; and therefore where a man was already indicted for a rape, and another person, not connected with the prosecution, threatened him that if he did not give him 30%. he would hire witnesses to prove him guilty: this was holden not to be a threat to accuse, within the meaning of the statute; the accusation had been already made, and this was at most a threat to support it by evidence. R. v. Joseph Gill, cor. Bayley, J., Sum. Ass. York, 1829. If the offence consist of a threat to accuse, it must be proved to have been made use of to the party threatened, See R. v. Dunkeley et al., Ry. & M. 90, or, at least, if made use of to a third person, it must appear that it was so done, with intent that he should mention it to the party threatened. See Dict. by the Judges in R. v. Paddle, R. & Ry. 484. The intent to extort money, &c., may either be expressed, or may be implied from the accusation or threat itself, or from other circumstances. Where the threat was by a letter, sent to the prosecutor by post, it was holden that the offender might be indicted for it in the county where it was delivered to the prosecutor; R. v. Esser, 2 East, P. C. 1125. R. v. Girdwood, Id. 1120; in other cases, the party should be prosecuted in the county, &c., in which the accusation is made or threat used.

Commitment for a verbal accusation or threat:-On

at -, feloniously did [threaten the said C. D. to] accuse him the said C. D. of having [attempted and endeavoured to commit a rape upon Ann, the wife of the said A. B., or as the case may be,] with a view and intent thereby to extort and gain money [chattel, money, or valuable security] from the said C. D., against the form of the statute in such case made and provided. And you the said keeper, &c.

Commitment for sending a letter, accusing or threatening knowingly and feloniously did

to accuse :-" On

at

send [or deliver] to the said C. D. a certain letter [or writing] directed to the said C. D. threatening to accuse [or accusing] him the said C. D. of having [attempted and endeavoured to commit a rape upon Ann, the wife of the said A. B.," or as the case may be,] "with a view and intent to extort and gain money" [chattel, money, or valuable security] "from the said C. D., against the form of the statute in such case made and provided. And you the said keeper," &c.

Accusing or threatening, and thereby extorting.] "Whosoever shall accuse or threaten to accuse any person of the abominable crime of buggery, committed with mankind or with beast, or of any assault with intent to commit the said abominable crime, or of any attempt or endeavour to commit the said abominable crime, or of making or offering any solicitation, persuasion, promise, or threat, to any person whereby to move or induce such person to commit or permit the said abominable crime,-with a view or intent in any of the cases aforesaid to extort or gain from such person, and shall, by intimidating such person by such accusation or threat, extort or gain from such person any property;" felony, transportation for life, or not less than fifteen years, or imprisonment with or without hard labour for not more than three years. 1 Vict. c. 87, s. 4. This offence formerly amounted to robbery, and was capital; 7 & 8 G. 4, c. 29, s. 7, and see 1 Arch. P. A. 293; but the section of the statute, by which it was declared to be robbery, has been recently repealed, by stat. 1 Vict. c. 87, s. 1.

Commitment:-" "On - at , feloniously did [threaten the said C. D. to] accuse him the said C. D. of having [attempted and endeavoured to commit the abominable crime of buggery with and upon him the said A. B., or with and upon one E. F.” or as the case may be,] "with a view and intent then and there to extort and gain property from the said C. D., and that the said A. B., by then and there intimidating the said C. D. by the said accusation [or threat] as aforesaid, did then and there extort and gain from the said C. D. [ten pieces of the current gold coin of the realm called sovereigns," &c., as in larceny] "the property of him the said C. D.: against the form of the statute in such case made and provided. And you the said keeper," &c.

Obtaining money from a person, within the metropolitan police district, by threatening to complain to a magistrate for any misdemeanor, or as an inducement to forbear making such complaint, subjects the party to a penalty not exceeding 10. 3 & 4 Vict. c. 84, s. 11.

Threatening to publish a libel, &c., with intent to extort.] "If any person shall publish or threaten to publish any libel upon any other person, or shall directly or indirectly threaten to print or publish, or shall directly or indirectly propose to abstain from printing or publishing, or shall directly or indirectly offer to prevent the printing or publishing, of any matter or thing touching any other person,-with intent to extort any money or security for money or any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust-every such offender, on being convicted thereof, shall be liable to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding three years; provided always that nothing herein contained shall in any manner alter or affect any law now in force in respect of the sending or delivery of threatening letters or writings." 6 & 7 Vict. c. 96, s. 3.

ADMIRALTY.

Its jurisdiction.] The admiral has exclusive jurisdiction of all offences committed on the high seas, and within the harbours, creeks and havens of foreign countries. But within the harbours, creeks and havens of this country, the courts of common law, and not the admiral, have jurisdiction: as for instance, if an imaginary line were drawn across the mouth of such creek, &c., from one point of land to the other, of all offences committed within such line, the common law would have jurisdiction; but all offences committed without the line would be within the jurisdiction of the admiral. As to the sea shore, below low water-mark, the admiral has exclusive jurisdiction; above high water-mark, the courts of common law have exclusive jurisdiction; and between high and low watermark, the courts of common law and the admiral have alternate jurisdiction-the courts of common law have jurisdiction of all offences committed on the strand, when the tide is outthe admiral, jurisdiction of offences committed on the water, when the tide is in.

Formerly, if a man upon land fired a loaded pistol or gun at a man upon the seas and killed him, the offence was deemed to be within the admiralty jurisdiction; for the offence was deemed to have been committed where the death happened, and not at the place from whence the cause of death proceeded. R. v. Combes, 1 East, P. C. 369. But now, by stat. 9 G. 4,

"

c. 31, s. 8, where any person feloniously stricken, poisoned or otherwise hurt upon the sea, or at any place out of England, shall die of such stroke, poisoning or hurt in England, or being feloniously stricken, poisoned or hurt at any place in England, shall die of such stroke, poisoning or hurt upon the sea, or at any place out of England:" the offender, and all accessories before or after the fact, may be tried, &c., in the county or place in England where the death, stroke, poisoning or hurt shall happen, in the same manner as if the offence had been wholly committed in that county or place.

Also, by stat. 3 & 4 W. 4, c. 53, s. 77, offences committed on the high seas against any act relating to the customs, shall, for the purpose of prosecution, be deemed to have been committed on the place on land in the United Kingdom into which the offender shall be carried, or in which he shall be found.

Examination and commitment by justices.] Any one or more justices of the peace for any county, riding, division or place in the United Kingdom, may take the information of any witness upon oath, touching any treason, piracy, felony, robbery, murder, conspiracy, or other offence of what nature or kind soever," committed upon the sea, or any haven, river, creek, or place where the admiral has jurisdiction; and thereupon, by warrant under hand and seal, may cause the party charged to be apprehended and committed. 7 G. 4, c. 38. And such justice or justices, if he or they shall see cause 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 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. 7 & 8 Vict. c. 2, s. 3.

And, by stat. 9 G. 4, c. 31, s. 7, if any British subject shall be charged, in England, with "any murder or manslaughter, or with being accessory before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the United Kingdom, whether within the King's dominions or without,"-a justice of the peace may take cognizance of the offence so charged,

and proceed therein, as if it had been committed within the limits of his ordinary jurisdiction.

The examination and commitment are the same as in ordinary cases, except that they allege the offence to have been committed "on the high seas, within the jurisdiction of the admiralty of England:" or "beyond the seas, at a certain place called in the kingdom of -"

Trial and punishment of offences at sea, &c.] By stat. 28 H. 8, c. 15, all treasons, felonies, robberies, murders, and con. spiracies committed on the seas, or in any haven, &c., where the admiral has jurisdiction, shall be tried according to the course of the common law, in such places and counties as shall be appointed by the king's commission. To these offences have since been added stabbing and other attempts to murder or maim, &c., and all other felonies, within stat. 1 Vict. c. 85, by the 10th section of that act; all offences within the statute against forgery, 11 G. 4 & 1 W. 4, c. 66, by sect. 27; all offences within stat. 2 W. 4, c. 34, relating to counterfeiting the coin and seals, &c. by sect. 20 of that act; and generally, all other offences committed on the high seas, out of the body of any county of this realm. 39 G. 3, c. 37. The mode of proceeding by commission under stat. 28 H. 8, c. 15, however, was found to occasion considerable delay in the trial of these offences; and therefore the legislature, upon the establishment of the central criminal court, gave that court jurisdiction 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, s. 22; see R. v. Wallace, 1 Car. & M. 200; or he may now be indicted, arraigned, tried and sentenced by any court of oyer and terminer and gaol delivery for the county, to the gaol of which he is committed for trial, in like manner as if the offence had been committed within the county, riding or division for which such court shall be holden, the venue in the margin of the indictment being the said county, but the facts to be alleged to have been committed "on the high seas." 7 & 8 Vict. c. 2, s. 1, 2, 3.

What is above mentioned relates to the trial of offences committed on the high seas, &c., within the jurisdiction of the admiral. But if persons charged in England, as principals or accessories, with murder or manslaughter committed on land out of the United Kingdom, whether within the Queen's dominions or without, be committed for trial or admitted to bail, a commission shall issue, under the great seal, to such persons as the lord chancellor shall appoint, for the purpose of trying them; but it is provided that peers against whom any indictment shall be found before such commissioners, shall be tried by their peers, as heretofore used. 9 G. 4, c. 31, s. 7.