ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN Production Note Project Unica Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015o J HoANNO QUADRAGESIMO TERTIO GEORGII III. REGIS. w*»mm^****************************************** CAP. CXIII. An Aft for the more effectually providing for the Puniihment of Offences in wilfully calling away, burning, or dellroying Ships and Vellels; and lor the more convenient Trial of Acceffaries in Felonies; and for extending the Powers of an Adt made in the Thirty-third Year of the Reign of King Henry the Eighth, as far as relates to Murders, to Acceffaries to Murders and to Manllaughters. [27th July 1803.] WHI’REAS in and bv a certain Aft of Parliament, made in the Provlfiomof Fourth Year of the Reign of His late Majefty King George «• eo- " ' the Firft, intituled, An Ac! for. enforcing and making perpetual an Aa of the Twelfth Tear of Her late Majcjiy, intituled ‘ An AH fir the ‘ preferring of all fucb Ships and Goods thereof, which fhall happen to be - freed onShorc, or Jlrandcd upon the Coajls of this Kingdom, or any other 13 1166 43“ GEORG 11 III. Cap. 113. « 0r for Majejly’s Dominions ; and for juiflifling the Punijhment of Death ‘ oil fuch as fiali wilfully burn or dcjlroy Ships,’ it is, amongft other Things, enafted that if any Owner of, or Captain, Mailer, Mariner, or other Officer belonging to any Ship, (Itali, after the Twenty fourth I)av of June which lhali-.bp iiUbe Year of our Lord One thoufand fe-ven hundred att^.'aigbfei; wilfully caff away, burn, or otherwife de-ftroy the Ship of which he is“ Owner, or unto which he belongeth, or in any’ Warner ® Wiftì'dircÈl or procure the fame to be done, to the Prejudice wyf Pprfon qf 'Perfons that Ihall underwrite any Policy or Policies“^of wfurance thereon, or of any Merchant or Merchants that ihall lo;M Goods thereon, he (hall buffer Death : And whereas in and bv a certain other Ad of Parliament, made in the Eleventh Year of the7 Reign of His late Majefty King George the Firft, intituled, An 3nd, > Geo... jfl t0 continue feveral Aàs therein mentioned, for preventing Frauds C.ls. . ceiled. commUtcd by Bankrupts ; for encouraging the Silk Mamfaaure of this Kingdom ; for preventing the .tlandeftme Running of Goods ; for making Copper Ore of the Britijh Plantations an enumerated Commodity; and for explaining and amending a late Act for the more effeaual Punijhment of fuch as pall wilfully burn or dcjlroy Ships ; and reciting, amongft other Things as is above herein recited, and thatfome Doubt had anfen touch-in- thè Nature of the Offence provided againft by the faid recited Ad, ani the Trial and Punilhment.fp be had and inflifted for the lame, it was therefore by that Ad enaded and declared, that if any Owner of, or Captain, Mailer, Officer, or Mariner, belonging to any Ship or Veffel, (hall, after thè Four-and-twentieth Day of June One thoufand feven hundred and twenty-five, wilfully call away, burn, or otherwife deftroy, the Ship or Veffel of which he is Owner, or to which he belongeth, or in any wife dired or procure the fame to be done, with Intent or Defign to prejudice anv Perfon or Perfons that hath or (hall underwrite any Policy or Policies ofìnfurance thereon, or of any Merchant or Merchants that (hall load Goods thereon, or of any Owner or Owners of fuch Ship or Veffel, the Perfon or Perfons offending therein, being thereof lawfully convided, ihall be deemed and adjudged a Felon or felons, and (hall luffer as in Cafes of Felony without Benefit of Clergy ; and it was in and by the faid Ad further declared, that if any of the faid Offences, in wilfully calling away, burning, or otherwife deftroying, any Ship or Veffel as aforefaid, ihall be committed within the Body of any County of this Realm the fame fliall be and may be inquired of, tried, determined, and adjudged, in the fame Courts, in fuch Manner and Form as Felonies done within the Body of any County, by the Laws of this Realm, are to be inquired of, tried, determined, and adjudged ; and if any of the faid Offences ihall be committed upon the High Seas, the fame inali be in-quired of, tried, determined, and adjudged, before fuch Court, and 111 fuch Manner and Form as in and by an Aft made in the Eight-and-twcntieth Year of the Reign of King Henry the Eighth, intituled, For Pirates, is dwelled and appointed for the enquiring, trying, determining, and ad-judging of Felonies done upon the High Seas : And whereas the above ProTfions in the faid, in Part, recited Acls have been found inadequate and ineffeItual for the Prevention and Puniihment of the Offences therein mentioned : May it therefore pleafe your Majefty that it may be enailed ; »0m ao3 .$3° GEORGII III. Cap. 113. 1167 ,ihd be.it cnafted by the King’s moil Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament affembled, and by the Authority of the fame, That the faid.Provifions of the faid Two feveral herein, in Part, recited AChi and every of them, be henceforth repealed. ea. II. And be it further enaCted by the Authority aforefaid, That if any. Perfon or Perfons (hall, from and after the Sixteenth Day of July (fne thoufand eight hundred and three, wilfully call away, burn, or Vejfcl-otherwile dellroy, any Ship or Velfel, or in any wife counfel, direCt, or procure, the fame to be done, and the fame be accordingly done with. Intent or Defign thereby wilfully and malicioufly to prejudice any Owner or Owners of fucli Ship or Velfel, or any Owner or Owners of any Goods loaden on board the fame, or any Perfon or Perfons, Body Politick or Corporate, that hath or have underwritten or (hall underwrite any Policy or Policies of Infurance upon fuch Ship or Veffel, or on the Freight thereof, or upon any Goods loaden on board the fame, the Perfon or Perfons offending therein being thereof lawfully convicted, (hall be deemed and adjudged a principal Felon or Felons, and (hall fuffer Death as in Cafes ot Felony without Benefit of Clergy. III. And be it further enaCted by the Authority aforefaid, That if any fuch Ship or Veffel (hall, from and after the Sixteenth Day of „.i«,d «-„hi» July in the Year of our Lord One thoufand eight hundred and £’"b“1' three, be wilfully call away, burnt, or otherwife deftroyed, within tnTtteh the Body of any County of this Realm, that then the faid feveral “>»y Offences, as well in wilfully cafting away, burning, or otherwife de- trle ' ftroying fuch Ship or Veffel, as in counfelling, directing, or procuring the fame to be done as aforefaid, (hall and may be refpeClively inquired of, tiied, determined, and adjudged, in the fame Courts, and in fuch Manner and Form as Felonies done within the Body of any County, by the Laws of this Realm now are, to be, or by virtue of this ACt hereafter nay be, inquired of, tried, determined, and adjudged; and if any fuch Ship or Veffel (hall be wilfully caff away, burnt, or otherwife deftroyed, on the High Seas, then that the faid feveral Offences, as well in wilfully cafting away, burning, or otherwife deftroying any fuch Ship or Veffel, as in counlelling, directing, and procuring the fame to be done as aforefaid, lhall and may be refpeClively inquired of, tried, determined, and adjudged, before fuch Court, and in fuch Manner and Form as in and by »n ACt made in the Eight-and-twentieth Year of the Reign of King Henry the Eighth, intituled, Far Pirates, is appointed and directed for the inquiring, trying, determining, and adjudging, of Felonies upon the High Seas. IV. Provided always, and be it further enaCted by the Authority afore- p,^“H°nhsr’' faid, That nothing in this ACt contained (hall extend or be conftrued to f. , oitm«* extend to bar or defeat any Profecution already commenced or hereafter jtl"J to be commenced for any Offence or Offences already committed, or which «ommme i (hall be committed, againft the faid Provifions of the faid Two feveral herein, in Part, recited Alts, or either of them, before the faid Sixteenth 1 ’ 1 °J' Day of July One thoufand eight hundred and three, but that fuch Pro- fecutions1168 fore the I'u'* 43» GEORG 11 III. Cap. 113. (eculions may lie commenced and proceeded in refpcdively, as if ttie ijid Pmvilions of the laid A«» had not been repealed. V And whereas it is convenient that Acceffaries to Felonies com-m;tRJ within the Body of any County within the Realm, Ihould be by 1 ™ liable ,0 be tried, as well in the County wherein the principal Felony XV.,S committed as in the County in which they fo became Acceffaries and •Jib that Acceffaries to Felonies committed upon the High Seas ihould be i,v Law liable to be tried by fuel. Court, and in fuch Manner as by he Act made in the Tight-and-twentieth Year ot the Reign of the late King the Eighth, is directed in refpea to Felonies done upon the High Seas; be it therefore chatted by tile Authority a orelaid, 1 hat from and alter the laid Sixteenth Hay of July in the laid Year of our Lord One dhoufand eight hundred and three, in all Cafes whatever m which am l’erfon or Perfons (hall hereafter procure, dired, counfel, or command a,tv other Perl'.m or Perfons to commit, or lliall abet any other Pcrfon or Perfons in committing any Felony whatfoever or flail in anywife what-foever become an Acceffary or Acceffaries before the Fad to any Felony whatfoever, whether fuch principal Felony be committed within the Body of any County within this Realm, or upon the High Seas and whether fuch procuring, direfting, counfelUng, commanding, and abetting or otherwile becoming Acceffary or Acceffaries before the Fad lhall have been committed or done within the Body of any County within this If calm, or upon the High Seas, that then and in all fuch Cafes, the Offence of the Ferfon or Perfons fo procuring, direding, counfellmg, commanding, or abetting fuch Felony, or fo m anywife becoming Accellary or Acceffaries before the Fad to fuch Felony, lhall and may be mqurred of, tried, determined, and adjudged, in cafe fuch Principal Felony Mi h ive been committed within the Body of any County within this Realm, bv the Courfe of the Common Law, either within fuch County wherein the faid principal Felony (hall have been committed, or within the County wherein the faid Offence in procuring, diredmg, counfellmg, ing, and abetting, or othenvife becoming Accellary or Acceffaries before the Fad (hall have been committed or done ; and in cafe the faid prin cipal Felony lhall have been committed upon the High Seas, then the fai Offence in procuring, direding, counfellmg, commanding, or abutting fuch Felony, or of fo becoming an Acceffary or Acceffaries before Fact to the fame, (hall and may be inquired of in and by fuchCourt, and 1 fuch Manner and Form as in and by the faid Ad, made in the Eigbt-and-twentieth Year of the Reign of King Henry the_ Eighth, is appointed a directed for the trying, determining, and adjudging, of Felonies done up i- the High Seas: Provided always, that no Perfon or Perfons who ftall 1 ■’ hereafter lie Once tried and acquitted, or convided of any fuch Offence, i in procuring, directing, counfelling, commanding, or abetting, any i e- - lony, or of otherwife becoming an Acceffary or Acceffaries before the ‘ Fad to fuch Felony, whether the Trial of fuch Perfon or Perfons lhall have been had according to the Courfe ot the Common Law, as m the Cafe of a Felony committed within the Body of any County in this Realm, or according to the Provifions contained in the Statute made m t Kight-and-twentieth Year of the Reign of King Henry the lag t , as l Cafe of a Felony committed oil the Higli Seas, lliall be hab e to e Uiuc ,43° GEORG II IH. Cap. iX3< ll6<> indiaed, proved, or tried, for the tore Offence, in any Court or Jurifdiaion whatfoever. g iiliiitilSIli. and Regulations are givConviafoTor Delivery of Perfons «£££« and Terminer•, tor \ Y Three of them, upon any Mur- Muukran is ftill in force Aft, fo fai as t le at provjflon ;s therein made for the Trial of Accef-and unrepealed > Murder or for the Trial of the Offence of Man- faries before the Fad m Martl , h offence or for the Crime of {laughter, either upon Indl be made or ¡(pued ;n pUrfuance of the fUrdAiV “"he'reb7 Sns guilty of thofe Offences, and more particularly fame A&, whereby 11 h j h-inoen to be committed out ot when fuch Murders or -ian & may frequently efcape Puniih- the Realm, and not upon H'ghSeas, may ^ ^ ^ ^ ther£. ment, to the Encourage from henceforth all and fore enabled by the An honty a m aid, Jbat^ ^ ^ Aa n. Angular the Powers and Autho d the Examination of any rained refpeaing the Offence of Mnrder ^ Countil, or Three Perfon or Perfons upon anyMurd y 8q{, q nd q-ermwer of them; and the making or ilfoing 0ffenders -, and the inquiring, for the Trial, Conxion or Delivery ot^Oiten ^ ^ hearing, and deterl“m"| Jh‘ufes Provifoes, Conditions, and Declara-tioned, and all other *f Murder; and the inquiring, hearing, tions concerning the Office of M _> Conviaion, or Delivery of and Determination thereof, and th ^ ¡rc memioned, fhall be, and fuch Offenders therein, as in the lame i procuring, direibng, the fame are hereby extended to the OffenceMceS^ 0r Accef-counfelling, commanding, or othemfe b ^ ,,nd alfo t0 the Of-faries before the Fa& to any nr tbofe Offences had been ex- fenceofManflaughter m like Manner as it cafe any Offender prefsly mentioned in the faid laft recited and^ ^ ^ bc in. or Offenders fhall, m purfuance of th Trial it fliall appear .tjhaa diaed for the Offence of Murder, and upon lu anJ tried is or J&;n. that the Perfon or Perfons, or any of thm,lo> the Jury may on UgM«ro.>i>. are guilty of Manflaughter, and of no f Manflailghter only ; fuch Indiftment find the Patty 01 1 a Special Verdift, upon which ,ng:v. ora or in care of Doubt or Difficulty, may find1 a bpeca or Exe. 8£ud x - there fhall be the like Proceedings, -within the Body of any cution, as if the Offence had been u ^ beell had, and fuch Ge-County within this Realm, and fuel Indictment for Murder, neral or Special Verdift had been "common Law by a Jury found and tried according to the - as committed. of the fame County -within which the urte.i provided,H70 43° GEORGII III. Cap. »13. «»idto/«- VI1' Providal’ That: nothing in this A a contained ihall extend, or tu«j. he confirmed to extend, to that Part of the United Kingdom called Ireland. LONDON: Printed by George Eyre and Andrew Strahan, Printers to the King’s molt Excellent Majefty. 1803.