Imatges de pàgina
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And this applies not only to England, but Wales.11 Geo. IV. and 1 Will. IV. c. 70.

This general principle as to the limit of the jurisdiction of the grand jury, and the connected doctrine of laying the venue in the county for which they are summoned, is subject to certain variations and exceptions, the chief of which are as follows:

As to Treasons committed Abroad.

By 35 Hen. VIII. c. 2, s. 1, treason, or misprision of treason, committed out of the realm, may be inquired of and determined in the Court of King's Bench by a jury of the county where the court sits; or by a jury of such county as the king shall appoint, if he appoint a commission to try the offender.

Treasons committed in the Isle of Man, Guernsey, Jersey, Sark and Alderney, or in the foreign plantations, are within this act; but not treasons committed in Wales, or in Scotland, or Ireland since the Union.-Arch. 18.

As to Treasons generally.

The venue may be laid in any county in which any one overt act can be proved.-Fost. 10.

As to Murder and Manslaughter committed Abroad.

By 9 Geo. IV. c. 31, s. 7, if any of his majesty's subjects shall be charged in England with any murder or manslaughter, or with being accessary before the fact to any murder, or after the fact to any murder or manslaughter, committed on land out of the United Kingdom, whether within the king's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged shall be, to take cognizance of the offence so charged, and to proceed therein as if the same had been committed within the limits of his ordinary jurisdiction; and if any person so charged shall be committed for trial, or admitted to bail, to answer such charge, a commission of oyer and terminer, under the great seal, shall be directed to such persons, and into such county or

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place as shall be appointed by the lord chancellor, or lord keeper, or lords commissioners of the great seal, for the speedy trial of any such offender; and such persons shall have full power to hear and determine all such offences within the county or place limited in their commission by such good and lawful men of the said county or place as shall be returned before them for the purpose, in the same manner as if the offences had been actually committed in the said county or place: Provided always, that if any peers of the realm, or persons intitled to the privilege of peerage, shall be indicted of any such offences by virtue of any commission to be granted as aforesaid, they shall be tried by their peers, in the manner heretofore used: Provided also, that nothing herein contained shall prevent any person from being tried in any place out of this kingdom for any murder or manslaughter committed out of this kingdom, in the same manner as such person might have been tried before the passing of this act.

By sect. 8, when any person, being 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 otherwise hurt at any place in England, shall die of such stroke, poisoning or hurt upon the sea, or at any place out of England, every offence committed in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessary before the fact to murder, or after the fact to murder or manslaughter, may be dealt with, inquired of, tried, determined and punished in the county or place in England in which such death, stroke, poisoning or hurt shall happen, in the same manner in all respects as if such offence had been wholly committed in that county or place.

As to Offences committed on the borders of Counties, or begun in one County and completed in another.

By 7 Geo. IV. c. 64, s. 12, where any felony or misdemeanor shall be committed on the boundary or boundaries

of two or more counties, or within 500 yards of any such boundary or boundaries, or shall be begun in one county and completed in another, every such felony or misdemeanor may be dealt with, inquired of, tried, determined and punished in any of the said counties, in the same manner as if it had been actually and wholly committed therein.

As to Offences committed on Persons or Property in Coaches or
Vessels.

By 7 Geo. IV. c. 64, s. 13, when any felony or misdemeanor shall be committed on any person, or on or in respect of any property, in or upon any coach, waggon, cart, or other carriage whatever employed in any journey, or shall be committed on any person, or on or in respect of any property, on board any vessel whatever employed on any voyage or journey upon any navigable river, canal, or inland navigation, such felony or misdemeanor may be dealt with, inquired of, tried, determined and punished in any county through any part whereof such coach, waggon, cart, carriage or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county; and in all cases where the side, centre, or other part of any highway, or the side, bank, centre, or other part of any such river, canal or navigation, shall constitute the boundary of any two counties, such felony or misdemeanor may be dealt with, inquired of, tried, determined and punished in either of the said counties through, or adjoining to, or by the boundary of any part whereof such coach, waggon, cart, carriage or vessel shall have passed in the course of the journey or voyage during which such felony or misdemeanor shall have been committed, in the same manner as if it had been actually committed in such county.

As to Larceny.

If a man commit a simple larceny in one county, and carry the goods with him into another, he may be indicted

for it in either county; for in contemplation of law there is a taking in both.-1 Hale, P. C. 507; 2 Hale, P. C. 163.

By the Larceny Act, 7 & 8 Geo. IV. c. 29, s. 56, if any person shall receive any chattel, money, valuable security, or other property whatsoever, knowing the same to have been feloniously or unlawfully stolen, taken, obtained or converted, every such person, whether charged as an accessary after the fact to the felony, or with a substantive felony, or with a misdemeanor only, may be dealt with, indicted, tried and punished in any county or place in which he shall have, or shall have had, any such property in his possession, or in any county or place in which the party guilty of the principal felony or misdemeanor may by law be tried, in the same manner as such receiver may be dealt with, indicted, tried and punished in the county or place where he actually received such property.

And by sect. 76, Nothing in this act contained shall extend to Scotland or Ireland, except as follows, that is to say, that if any person having stolen or otherwise feloniously taken any chattel, money, 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, indicted, tried and punished for larceny or theft in that part of the United Kingdom where he shall so have such property, in the same manner as if he had actually stolen or taken it in that part. And if any person in any one part of the United Kingdom shall receive or have any chattel, money, valuable security, or other property whatsoever, which shall have been stolen or otherwise feloniously taken in any other part of the United Kingdom, such person knowing the said property to have been stolen or otherwise feloniously taken, he may be dealt with, indicted, tried and punished for such offence in that part of the United Kingdom where he shall so receive or have the said property, in the same manner as if it had been originally stolen or taken in that part.

By sect. 5 of 2 Will. IV. c. 4, (for preventing embezzle

ments, by persons in the public service,) every offender against that act may be indicted, &c. either in the county or place where apprehended, or where he shall have committed the offence.

As to Accessaries.

By 7 Geo. IV. c. 64, s. 9, accessaries before the fact to any felony may be tried in any court that has jurisdiction to try the principal offender, although the offence of such accessaries may be committed on the high seas, or on land within or without the king's dominions; and if the principal offence is committed in one county, and the offence of the accessary in another, the offence of the accessary may be tried, &c. in either county.

By sect. 10 a like provision is made as to accessaries after the fact.

As to Offences on the High Seas.

By 28 Hen. VIII. c. 15, s. 1, treasons, felonies, robberies, murders and confederacies committed upon the sea, or within the jurisdiction of the Admiralty, shall be inquired of, &c. in such shire of the realm as shall be limited for that purpose by the king's commission.

By 39 Geo. III. c. 37, all offences committed on the high seas shall be inquired of, &c. in like manner as treasons, &c. are directed to be by 28 Hen. III. c. 15; and similar provisions are contained in 43 Geo. III. c. 113; 7 & 8 Geo. IV. c. 29, s. 77; 7 & 8 Geo. IV. c. 30, s. 43; 9 Geo. IV. c. 31, s. 32; and 11 Geo. IV. and 1 Will. IV. c. 66, s. 27, with respect to such offences under those acts respectively as are committed within the jurisdiction of the Admiralty.

In all these cases of offences on the high seas, the trial is not before an ordinary court of oyer and terminer or gaol delivery (as in other cases), but before the judge of the Admiralty Court and two of the judges of the common law courts, under a commission of oyer and terminer for the Admiralty, as directed by 28 Hen. VIII. (Vide sup. Chap. V. "Piracy.")

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