and determined by her Majesty's justices of assize or others her Majesty's commissioners by whom any court shall be holden under any of her Majesty's commissions of oyer and terminer or general *gaol delivery, and they shall have severally and jointly all the [ 22 ] powers which by any act are given to the commissioners named in any commission of oyer and terminer for the trying of offences committed within the Admiralty of England, and may deliver the gaol, in every county and franchise within the limits of their several commissions, of any person committed to or imprisoned therein for any offence alleged to have been committed upon the high seas, &c.: and all indictments found, and trials and other proceedings had, by and before the said justices and commissioners, shall be valid; and the court is empowered to order the payment of the costs and expenses of the prosecution of such offences, in the manner prescribed by the 7 G. 4, c. 64, s. 27. 7 & 8 Vict. c. 2. s. 1. And by sect. 2, in all indictments preferred before the said justices and commissioners under that act, the venue laid in the margin shall be the same as if the offence had been committed in the county where the trial is had; and all material facts which, in other indictments, would be averred to have taken place in the county where the trial is had, shall, in indictments preferred and tried under that act, be averred to have taken place "on the high seas." Sect. 3. provides for the commitment for trial of persons charged with such offences; and sect. 4 provides, that nothing in the act contained shall affect the jurisdiction belonging to the Central Criminal Court for the trial of persons charged with offences committed on the high seas and other places within the admiralty of England, or to restrain the issue of any special commission under the 28 H. 8, c. 15, for the trial of such offenders, if need there be. Before this statute, treasons, felonies, robberies, murders, and confederacies, committed upon the high seas, within the jurisdiction of the Admiralty, must have been inquired of, &c., in such shire of the realm as should be specially limited for that purpose by the Queen's commission. 28 H. 8, c. 15, s. 1; and see 45 G. 3, c. 72, s. 114; Rex v. Curling, R. & R. 123. Acts of hostility by a subject of this realm against a subject at sea, under colour of a foreign commission; 11 & 12 W. 3, c. 7, s. 8; 18 G. 2, c. 30, s. 1; see R. v. Evans, 2 East, P. C. 798; forcibly boarding a merchant ship, and throwing over or destroying the goods; 8 G. 1, c. 24, s. 1; trading with pirates, or fitting out a vessel for that purpose; 8 G. 1, 24, s. 1; master or seamen running away with the ship, goods, &c., or laying violent hands on or confining the master, or making a revolt in the ship, &c; 11 & 12 W. 3, c. 7, s. 9; see Reg. v. M'Gregor, 1 C. & K. 429; dealing in slaves upon the high seas, or in any place where the admiral has jurisdiction, except as therein mentioned; 5 G. 4, c. 113; see Reg. v. Zulueta, 1 C. & K. 215: all these offences, if committed upon the high seas, were to be inquired C. of in the same manner; as also the offence of accessary before or after the fact, on land, or at sea, to piracy. 11 & 12 W. 3, c. 7, s. 10. See 8 G. 1, c. 24, s. 3; 7 G. 4, c. 64, ss. 9, 10. It has been doubted whether the stat. 28 H. 8, c. 15, applies to offences created since that statute; R. v. Snape, 2 East, P. C. 807; but this doubt has been removed by particular provisions in subsequent statutes. By stat. 39 G. 3, c. 37, it is enacted, that all offences committed upon the high seas shall be inquired of, &c., in like manner as treasons, &c., are directed to be by the stat. 28 H. 8, c. 15; and similar provisions are contained in the statutes 7 & 8 G. 4, c. 29, s. 77; 7 & 8 G. 4, c. 30, s. 43; 9 G. 4, c. 31, s. 32; 11 G. 4 & 1 W. 4, c. 66, s. 27; W, 4 & 1 Vict. c. 85, s. 10; 7 W. 4 & 1 Vict. c. 86, s. 10; 7 W. 4 & 1 Vict. c. 87, s. 13; 7 W. 4 & 1 Vict. c. 89, s. 14; with respect to the trial of offen[ *23] ces within those acts respectively committed within the jurisdiction of the admiralty. It may be necessary to mention here, that rivers, to the furthest point of land next the sea, creeks, and arms of the sea within the body of a county and the sea-shore between the high and low-water marks when the tide is out, are not within the jurisdiction of the Adiniralty, or within the meaning of the term "high seas" in the above statutes. But see R. v. Bruce, R. & R. 243; 2 Leach, 1098. Upon an indictment for larceny out of a vessel lying in a river at Wampu, in China, the prosecutor gave no evidence as to the tide flowing or otherwise where the vessel lay; but the judges held that the Admiralty had jurisdiction, it being a place where great ships go. R. v. Thomas Allen, 1 Mood. C. C. 494. The offences above mentioned, when a commission is issued for the trial of them under 28 H. 8, c. 15, are inquired of, tried, and determined before the judge of the Admiralty Court, and two of the judges of the common-law courts, under a commission of oyer and terminer; and, in the indictment, no county is inserted in the margin as venue, but, instead of it, merely the words "Admiralty of England." But where offenders are committed to or detained in the gaol of Newgate for the offences above mentioned, the Central Criminal Court Act, 4 & 5 W. 4, c. 36, s. 22, enacts 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 the act, or any two or more of them. to inquire of, hear, and determine, any offence or offences committed or alleged to have been committed on the high seas, or other places within the jurisdiction 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 or committed upon the high seas 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 jus tices and judges, shall be valid and effectual to all intents and purposes whatsoever. The same section enables the justices and judges to order the payment of costs, in the manner prescribed by the stat. 7 G. 4, c. 64, s. 27. By virtue of this statute, and of the 7 G. 4, c. 64, s. 9, an accessary before the fact to a felony committed on the high seas, within the jurisdiction of the Admiralty, may be indicted and tried at the Central Criminal Court, although the person charged as the principal felon, has not been committed to or detained in the gaol of Newgate for his offence. Reg. v. Wallace, C. & Mar. 200; 2 Mood. C. C. 200. the trial of offenders in the colonies for crimes committed in places in which the Crown has power or jurisdiction out of her Majesty's dominions, see 6 & 7 Vict. c. 94. 17. In informations or indictments against the master of a ship for forcing on shore, or leaving behind, on shore or at sea, in any place in or out of her Majesty's dominions, any person belonging to his crew, the offence may be prosecuted in any court having criminal jurisdiction in her Majesty's dominions, at home or abroad, where such master or other person shall happen to be. 5 & 6 W. 4, c. 19, s. 40: see also 9 G. 4, c. 31, s. 30. or hurt, be given in 18. In indictments for murder or manslaughter, or for being accessary before the fact to murder, or after the fact to murder or manslaughter, if the stroke, poisoning, or hurt, be given upon the sea, or at any place out of England, and the party die in England, or if the stroke, poisoning, England, and the party die of the same at sea, or at any place out of England, the venue may be laid in the county in which the death, stroke, poisoning, or hurt *hap- [ *24 ] pened. 9 G. 4, c. 31, s. 8. Where a man in a boat at a short distance from the shore was shot by a person on the shore, and died instantly, it was holden that the stroke and death were both upon the high seas, and therefore triable according to the above statute of H. 8, and not according to the repealed stat. 2 G. 2, c. 21, of which the statute of 9 G. 4, is, with respect to murder, a re-enactment. R. v. Combe, 1 Leach, 388; 1 East, P. C. 367. Under this statute, a British subject who, in a foreign country, commits murder on a foreigner, is triable in England. Reg. v. Azzopardi, 2 Mood. C. C. 288; 1 C. & K. 203. 19. Where a felony or misdemeanor is committed on the boundary of two or more counties, or within the distance of 500 yards of the boundary, or is begun in one county and completed in another, the venue may be laid in either county, in the same manner as if it had been wholly committed therein. 7 G. 4, c. 64, s. 12. The first branch of this enactment extends to the boundaries of counties only, and not to prosecutions in limited jurisdictions. R. v. Welch, 1 Mood. C. C. 175. This statute does not enable the prosecutor to lay the offence in one county and try of in the same manner; as also the offence of accessary before or after the fact, on land, or at sea, to piracy. 11 & 12 W. 3, c. 7, s. 10. See 8 G. 1, c. 24, s. 3; 7 G. 4, c. 64, ss. 9, 10. It has been doubted whether the stat. 28 H. 8, c. 15, applies to offences created since that statute; R. v. Snape, 2 East, P. C. 807; but this doubt has been removed by particular provisions in subsequent statutes. By stat. 39 G. 3, c. 37, it is enacted, that all offences committed upon the high seas shall be inquired of, &c., in like manner as treasons, &c., are directed to be by the stat. 28 H. 8, c. 15; and similar provisions are contained in the statutes 7 & 8 G. 4, c. 29, s. 77; 7 & 8 G. 4, c. 30, s. 43; 9 G. 4, c. 31, s. 32; 11 G. 4 & 1 W. 4, c. 66, s. 27; W, 4 & 1 Vict. c. 85, s. 10; 7 W. 4 & 1 Vict. c. 86, s. 10; 7 W. 4 & 1 Vict. c. 87, s. 13; 7 W. 4 & 1 Vict. c. 89, s. 14; with respect to the trial of offen[23] ces within those acts respectively committed within the jurisdiction of the admiralty. It may be necessary to mention here, that rivers, to the furthest point of land next the sea, creeks, and arms of the sea within the body of a county and the sea-shore between the high and low-water marks when the tide is out, are not within the jurisdiction of the Adiniralty, or within the meaning of the term "high seas" in the above statutes. But see R. v. Bruce, R. & R. 243; 2 Leach, 1098. Upon an indictment for larceny out of a vessel lying in a river at Wampu, in China, the prosecutor gave no evidence as to the tide flowing or otherwise where the vessel lay; but the judges held that the Admiralty had jurisdiction, it being a place where great ships go. R. v. Thomas Allen, 1 Mood. C. C. 494. The offences above mentioned, when a commission is issued for the trial of them under 28 H. 8, c. 15, are inquired of, tried, and determined before the judge of the Admiralty Court, and two of the judges of the common-law courts, under a commission of oyer and terminer; and, in the indictment, no county is inserted in the margin as venue, but, instead of it, merely the words "Admiralty of England." But where offenders are committed to or detained in the gaol of Newgate for the offences above mentioned, the Central Criminal Court Act, 4 & 5 W. 4, c. 36, s. 22, enacts 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 the act, or any two or more of them. to inquire of, hear, and determine, any offence or offences committed or alleged to have been committed on the high seas, or other places within the jurisdiction 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 or committed upon the high seas 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 jus tices and judges, shall be valid and effectual to all intents and purposes whatsoever. The same section enables the justices and judges to order the payment of costs, in the manner prescribed by the stat. 7 G. 4, c. 64, s. 27. By virtue of this statute, and of the 7 G. 4, c. 64, s. 9, an accessary before the fact to a felony committed on the high seas, within the jurisdiction of the Admiralty, may be indicted and tried at the Central Criminal Court, although the person charged as the principal felon, has not been committed to or detained in the gaol of Newgate for his offence. Reg. v. Wallace, C. & Mar. 200; 2 Mood. C. C. 200. the trial of offenders in the colonies for crimes committed in places in which the Crown has power or jurisdiction out of her Majesty's dominions, see 6 & 7 Vict. c. 94. 17. In informations or indictments against the master of a ship for forcing on shore, or leaving behind, on shore or at sea, in any place in or out of her Majesty's dominions, any person belonging to his crew, the offence may be prosecuted in any court having criminal jurisdiction in her Majesty's dominions, at home or abroad, where such master or other person shall happen to be. 5 & 6 W. 4, c. 19, s. 40: see also 9 G. 4, c. 31, s. 30. or hurt, be given in 18. In indictments for murder or manslaughter, or for being accessary before the fact to murder, or after the fact to murder or manslaughter, if the stroke, poisoning, or hurt, be given upon the sea, or at any place out of England, and the party die in England, or if the stroke, poisoning, England, and the party die of the same at sea, or at any place out of England, the venue may be laid in the county in which the death, stroke, poisoning, or hurt *hap- [ *24 ] pened. 9 G. 4, c. 31, s. 8. Where a man in a boat at a short distance from the shore was shot by a person on the shore, and died instantly, it was holden that the stroke and death were both upon the high seas, and therefore triable according to the above statute of H. 8, and not according to the repealed stat. 2 G. 2, c. 21, of which the statute of 9 G. 4, is, with respect to murder, a re-enactment. R. v. Combe, 1 Leach, 388; 1 East, P. C. 367. Under this statute, a British subject who, in a foreign country, commits murder on a foreigner, is triable. in England. Reg. v. Azzopardi, 2 Mood. C. C. 288; 1 C. & K. 203. 19. Where a felony or misdemeanor is committed on the boundary of two or more counties, or within the distance of 500 yards of the boundary, or is begun in one county and completed in another, the venue may be laid in either county, in the same manner as if it had been wholly committed therein. 7 G. 4, c. 64, s. 12. The first branch of this enactment extends to the boundaries of counties only, and not to prosecutions in limited jurisdictions. R. v. Welch, 1 Mood. C. C. 175. This statute does not enable the prosecutor to lay the offence in one county and try |