that no judgment of death can be given against offenders, without proof by two witnesses, or a confession of the fact by themselves. This was always a great offence to the English nation and therefore in the eighth year of Henry VI. it was [*269] endeavoured to apply a *remedy in parliament: which then miscarried for want of the royal assent. However, by the statute 28 Hen. VIII. c. 15, it was enacted, that these offences should be tried by commissioners of oyer and terminer, under the king's great seal; namely, the admiral, or his deputy, and three or four more; among whom two common law judges are usually appointed; the indictment being first found by a grand jury of twelve men, and afterwards tried by a petty jury and that the course of proceedings should be according to the law of the land. This is now the only method of trying marine felonies in the court of admiralty: the judge of the admiralty still presiding therein, as the lord mayor is the president of the session of oyer and terminer in London (15). (15) For some of the many other $77, where any felony or misdemeanor punishable under that Act, shall be committed within the jurisdiction of the Admiralty, the same shall be dealt with, inquired of, tried, and determined, in the same manner as any other felony or misdemeanor committed within that jurisdiction: and the 7 & 8 Geo. IV. c. 30, § 43, contains a similar provision with reference to that Act. And by the 9 Geo. IV. c. 31, § 32, all indictable offences mentioned in that Act, which shall be committed within the jurisdiction of the Admiralty, shall be deemed to be offences of the same nature, and liable to the same punishments, as if they had been committed upon the land, and may be dealt with, inquired of, tried, and determined in the same manner as any other offences committed within the jurisdiction of the Admiralty proviso, not to alter or affect any of the laws relating to the government of the land or naval forces. By 4 & 5 W. IV. c. 36, intituled “ An Act for establishing a new court for the trial of offences committed in the : These five courts may be held in any part of the kingdom, and their jurisdiction extends over crimes that arise through metropolis and parts adjoining," (commonly called "The Central Criminal Court Act"), § 22, "Whereas it is expedient that persons charged with certain offences committed on the high seas and other places within the jurisdiction of the admiralty of England should speedily be brought to trial: be it therefore enacted, That it shall and may be lawful for the justices and judges of oyer and terminer and gaol delivery to be named in and appointed by the commissions to be issued under the authority of this Act, or any two or more of them, to inquire of, hear and determine any offence or offences comImitted or alleged to have been committed on the high seas, and other places within the jurisdiction of the admiralty of England, and to deliver the gaol of Newgate of any person or persons committed to or detained therein, for any offence or offences alleged to have been done and committed upon the high seas aforesaid within the jurisdiction of the admiralty of England: and all indictments found and trials and other proceedings had and taken by and before the said justices and judges of oyer and terminer and gaol delivery shall be valid and effectual to all intents and purposes whatsoever: and that it shall and may be lawful for any three of the said justices and judges of oyer and terminer and gaol delivery to order and direct the payment of the costs and expences of such prosecutions in manner prescribed and directed by the before-recited Act of the seventh of George the fourth: "(7 Geo. IV.c.64). The 28 Hen. VIII. c. 15, does not affect the jurisdiction of the Admiralty court, but only regulates the mode of trial; I Chit. C. L. 155; Com. Dig. Admiralty, (E.) 5. Neither that statute, nor the 39 Geo. III. c. 37, removes any jurisdiction over offences which might previously have been tried in the common law courts. Thus, an information at common law for a conspiracy on the high seas, upon proof of an overt act on shore, is well triable in Middlesex; Rex v. Brisac, and Rex v. Scott, 4 East, 164. Where a pistol fired on shore kills a man at sea, the offence is properly triable at the Admiralty sessions, because the murder, by construction of law, is committed where the death occurs; Rex v. Coombe, 1 Leach, 388. But where, on the other hand, a man stricken on the high seas dies upon the shore, after the reflux of the water, the admiral has no cognizance of the felony; 2 Hale, P. C. 17. If a stroke is given at sea, and the party dies in Ireland, quære, where shall the murder be tried? Rer v. Farrell, 1 W. Bl. 456. Where several mariners on board a ship lying near the Groyne, seized the captain, he not agreeing with them, and, having put him on shore, carried away the ship, and afterwards committed several piracies; this force upon the captain, and the carrying away the ship, which was explained by the use of it afterwards, was adjudged piracy; Rex v. May, 2 East, P. C. 796; 2 Russell, 103. Where the offence is committed, not upon the high seas, but in a creek, &c., within the body of a county, and therefore not triable by the admiralty, it is not piracy; Hide's case, Molloy, 71. If the offence is committed in a creek, &c., in a foreign country, the court of Admiralty has jurisdiction over it, and consequently it is piracy; Rex v. Jemott, Archb. C. P. 152. A manslaughter committed in China by an alien enemy who had been a prisoner of war, and was then acting as a mariner on board an English merchant ship, on an Englishman, cannot be tried here under a commission issued in pursuance of 33 Hen. VIII. c. 23, and 43 Geo. III. c. 113, § 6; Rex v. Depardo, 1 Taunt. out the whole of it, from one end to the other. What follow are also of a general nature, and universally diffused over the nation, but yet are of a local jurisdiction, and confined to particular districts. Of which species are→→→ 26; R. & R. C. C. 134. The court of Admiralty has no jurisdiction to try an offence against the 11 Geo. I. c. 29, in procuring the destruction of a ship of which the prisoners were the owners, there being no evidence of any act of procurement done upon the high seas within the jurisdiction of the Admiralty; Rex v. Easterby, R. & R. C. C. 37. The commissioners under the 28 Hen. VIII. c. 15, are not restricted to places which are without the body of any county. When the haven, &c. is within the body of a county, the common law tribunals have also a concurrent jurisdiction; Rex v. Bruce, id. 243. Where the prisoner was capitally convicted at the Admiralty sessions for maliciously stabbing upon the 43 Geo. III. c. 58; it was held, that as the statute only made the offence capital if committed in England or Ireland, it was not so if committed at sea; Rex v. Amarro, id. 286. A prisoner was indicted at the Admiralty sessions for maliciously shooting; the offence was committed within a few weeks after the 39 Geo. III. c. 37 passed, and before notice of it could have reached the place where the offence was committed. The judges thought the prisoner could not have been tried if that statute had not passed; and, as he could not have known of it, recommended him for a pardon; Rex v. Bailey, id. 1. An indictment was found at the Admiralty sessions against prisoners for maliciously burning a ship, with intent to defraud the underwriters. This was made felony by the 22 & 23 Car. II. c. 11, § 12, and the indictment was on that statute. On conference, Holt, C. J., and Tracy J., thought this might be tried under the commission, and that the 28 Hen. VIII. c. 15, extended to the trial of an offence made felony by a subsequent statute; but the other judges being of a different opinion, it was agreed that it was not proper to try the prisoner; Rex v. Snape, 1702; Tracy's MS. 78; 2 East, P. C. 807; but see 1 Ann. st. 2, c. 9, § 4; R. & R. C. C. 5, (a). Piratically stealing a ship's anchor and cable is a capital offence by the marine laws, and triable under the 28 Hen. VIII. c. 15, the 39 Geo. III. c. 37, not extending to such a case. And the stealing is equally an offence, though the master of the vessel concur in it, and though the ob ject is to defraud the underwriters, not the owners; Rex v. Curling, id. 123; and see the notes, id. 124, 5. A British subject is indictable under the 33 Hen. VIII. c. 23, for the murder of another British subject, though the murder was committed within the dominion of a foreign state. Stating in the indictment that the person murdered was at the time in the king's peace, is sufficient to shew that he was a British subject. The conclusion in the indictment, that the offence was against the king's peace, shews sufficiently that the prisoner was a British subject. For: a common law felony, committed abroad, but triable here under the 33 Hen. VIII. c. 23, the indictment need not conclude contra formam statuti; Rex v. Sawyer, id. 294. Making, or endeavouring to make a revolt, with a view to procure a redress of grievances, and without any intent to run away with the ship, or to commit any act of piracy, is an } offence within the 11 & 12 W. III. c. 7, § 9; Rex v. Hastings, R. & M. C. C. 82. For the form of the com mission of oyer and terminer for the Admiralty of England, see 4 Chit. C. E. 160, 170. By the 32 Geo. II. c. 25, § 20, an Admiralty session, must be held at least twice every year. By of over and ter very, held be. fore the king's 6. 7. The courts of oyer and terminer, and general gaol 6, 7. The courts delivery (i) which are held before the king's commissioners, miner, and ge among whom are usually two judges of the courts at West-neral gal deliminster, twice in every year in every county of the kingdom; commissioners except the four northern ones, where they are held only once, vais in every and London and Middlesex, wherein they are held eight county of the times (16). These were slightly mentioned in the preceding (i) 4 Inst. 162, 168; 2 Hal. P. C. 22, 32; 2 Hawk P. C. 14, 23. the 7 Geo. IV. c. 64, § 27, in prosecutions in the Admiralty courts, the court may order expenses in all charges of felony or misdemeanor, where they may be allowed by other courts, to be paid by the assistant to the counsel to the Admiralty; vide post, 295. (16) In London they are now held twelve times in the year, under the authority of a new and most important statute, 4 & 5 W. IV. c. 36, commonly called "The Central Criminal Court Act." By sect. 1 of that statute, the lord mayor of London, the lord chancellor, the judges, the aldermen, recorder, common serjeant, and judges of the Sheriff's Courts of London, and such others as his Majesty may appoint, are to be the judges of a court to be called "The Central Criminal Court." By sect. 2, his Majesty may issue commissions of oyer and terminer and gaol delivery for the trial at such court, of all offences committed in London and Middlesex, and in certain parts of Essex, Kent, and Surrey. By sect. 3, such new district is to be considered as one county, and the venue in all indictments, &c., is to be "Central Criminal Court, to wit." By sect. 4, juries may be summoned from London, or from the counties, or from both indiscriminately, to try all offences cognizable by the Act. By sect. 5, his Majesty, by order in council, may appoint the places of confinement for prisoners. By sect. 6, the Penitentiary at Millbank shall be one of the prisons under the Act. By sect. 7, persons sentenced to imprisonment for offences committed beyond the limits of this Act, may be removed to the Penitentiary at Millbank, By sect. 8, all regulations for the management of the Penitentiary at Millbank, shall apply to prisoners confined there under the authority of this Act. By sect. 9, persons convicted may be imprisoned either in the county gaols or in Newgate: and the sheriffs of London may execute judgments. By sect. 10, justices and coroners in Essex and Kent shall commit offenders to Newgate, and justices and coroners in Surrey shall commit offenders to Horsemonger-lane. By sect. 11, justices and coroners shall specify in their commitments that persons are committed under this act, and shall take examinations, &c., as required by 7 Geo. IV. c. 64. This section also gives power to the sheriff of Surrey to remove prisoners from the gaol of that county to Newgate for trial. By sect. 12, the judges may order payment by the treasurers of the counties of expenses to prosecutors and witnesses; and such treasurers, or their agents, shall attend the court to make such payments. By sect. 13, no indictment for a misdemeanor except perjury or subornation of perjury, shall be presented to the grand jury, unless the prosecutor shall have been bound over by recognizance to prosecute. By sect. 14, the court of lord mayor and aldermen of London may contract with the justices of Essex, Kent, and at stated inter kingdom. [*270] book (k). We then observed, that, at what is usually called the assizes, the judges sit by virtue of five several authorities; two of which, the commission of assize and its attendant jurisdiction of nisi prius, being principally of a civil nature, were then explained at large; to which I shall only add that these justices have, by virtue of several statutes, a criminal jurisdiction also, in certain special cases (7). The third, which is the commission of the peace, was also treated of in a former volume (m), when we inquired into the nature and office of a justice of the peace. I shall only add, that all the justices of the peace of any county, wherein the assizes are held, are bound by law to attend them, or else are liable (m) See vol. I. page 351. (k) See vol. III. page 60. (4) 2 Hal. P. C. 39; 2 Hawk, P. C.28. By sect. 15, sessions are to be held in London, or the suburbs thereof, twelve times in every year, at the least. By sect. 16, indictments found at the sessions of the peace may be removed before the justices of oyer and terminer and gaol delivery. By sect 17, justices at quarter sessions are restrained from trying certain specified offences. By sect. 18, recognizances for prosecuting, giving evidence, &c. before sessions of the peace, shall be obligatory on persons entering into the same to prosecute, give evidence, &c. before the justices of oyer and terminer and gaol delivery: notice being given to the parties of the change of court. By sect. 19, justices of peace may deliver over indictments found at sessions to the justices of oyer and terminer and gaol delivery. By sect. 20, the judges of the court shall settle the fees or salaries of the officers, and direct how the same shall be paid. By sect. 21, justices of the peace shall not be prevented by the sessions holden under this Act, from holding their own respective sessions. Sect. 23, saves the rights and privileges of the city of London. The judges of the Central Criminal Court, after postponement till the next session, on motion for the prosecution, of the presentation of a bill for a capital offence, refused, on motion for the prisoner, to read over very long depositions, to enable them to decide whether they would admit him to bail, although the application was made on the ground that there was not sufficient time to prepare proper affidavits before the breaking up of the court; Rex v. Palmer, 6 C. & P. 654. On bills found in this court for misdemeanors, forty-eight hours' notice of bail is necessary, unless the application is made on a Friday with a view of detaining the party in custody over Sunday; Rex v. Carlile, 6. C. & P. 628. The binding over to prosecute, which is necessary to give the grand jury of the Central Criminal Court jurisdiction in certain cases of misdemeanor, under § 13 of 4 & 5 W. IV. c. 36, must take place before a magistrate, previous to the session of the court, and cannot be done by the court itself; Rer v. Carlton, 6 C. & P. 651. |