Kingdom, any judge of a superior court, in any other place within the jurisdiction of any British court of justice, such court, or, if there are more courts than one, the court having the highest criminal jurisdiction in that place, may, by warrant or instrument in the nature of a warrant in this section included in the term " warrant," direct that any offender charged with an offence against this Act shall be removed to some other place in Her Majesty's dominions for trial, in cases where it appears to the authority granting the warrant that the removal of such offender would be conducive to the interests of justice, and any prisoner so removed shall be triable at the place to which he is removed, in the same manner as if his offence had been committed at such place.

Any warrant for the purposes of this section may be addressed to the master of any ship or to any other person or persons, and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to any place or places named in such warrant, and to deliver him, when arrived at such place or places, into the custody of any authority designated by such warrant.

Every prisoner shall, during the time of his removal under any such warrant as aforesaid, be deemed to be in the legal custody of the person or persons empowered to remove him.'

Sec. 19 directs how proceedings for the condemnation and forfeiture of a ship, &c., are to be taken.

Sec. 20. 'Where any offence against this Act has been committed by any person by reason whereof a ship, or ship and equipment, or arms and munitions of war, has or have become liable to forfeiture, proceedings may be instituted contemporaneously or not, as may be thought fit, against the offender in any court having jurisdiction of the offence, and against the ship, or ship and equipment, or arms and munitions of war, for the forfeiture in the Court of Admiralty; but it shall not be necessary to take proceedings against the offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.'

Sec. 21, and the following sections, enact that the Secretary of State and certain other persons may seize or detain any ship liable to be seized or detained in pursuance of this Act, and give them certain powers for such purpose.

Sec. 29. The Secretary of State shall not, nor shall the chief (gg) executive authority, be responsible, in any action or other legal proceedings whatsoever for any warrant issued by him in pursuance of this Act, or be examinable as a witness, except at his own request, in any court of justice in respect of the circumstances which led to the issue of the warrant.'

Sec. 30. In this Act, if not inconsistent with the context, the following terms have the meanings hereinafter respectively assigned to them; that is to say,

Foreign state" includes any foreign prince, colony, province, or part of any province or people, or any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people: "Military

(gg) See sec. 26.

service" shall include military telegraphy and any other employment whatever, in or in connexion with any military operation: "Naval service" shall, as respects a person, include service as a marine, employment as a pilot in piloting or directing the course of a ship of war or other ship when such ship of war or other ship is being used in any military or naval operation, and any employment whatever on board a ship of war, transport, store ship, privateer, or ship under letters of marque; and as respects a ship, include any user of a ship as a transport, store ship, privateer, or ship under letters of marque: "United Kingdom" includes the Isle of Man, the Channel Islands, and other adjacent islands: "British possession " means any territory, colony, or place being part of Her Majesty's dominions, and not part of the United Kingdom, as defined by this Act: "The Secretary of State" shall mean any one of Her Majesty's Principal Secretaries of State: "The Governor" shall as respects India mean the Governor General or the Governor of any presidency, and where a British possession consists of several constituent colonies, mean the Governor General of the whole possession or the Governor of any of the constituent colonies, and as respects any other British possession it shall mean the officer for the time being administering the government of such possession; also any person acting for or in the capacity of a governor shall be included under the term "Governor": "Court of Admiralty" shall mean the High Court of Admiralty of England or Ireland, the Court of Session of Scotland, or any Vice-Admiralty Court within Her Majesty's dominions: "Ship" shall include any description of boat, vessel, floating battery, or floating craft; also any description of boat, vessel, or other craft or battery, made to move either on the surface of or under water, or sometimes on the surface of and sometimes under water: "Building" in relation to a ship shall include the doing any act towards or incidental to the construction of a ship, and all words having relation to building shall be construed accordingly: "Equipping" in relation to a ship shall include the furnishing a ship with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea or for naval service, and all words relating to equipping shall be construed accordingly: "Ship and equipment" shall include a ship and everything in or belonging to a ship: "Master" shall include any person having the charge or command of a ship.'

Sec. 32. Nothing in this Act contained shall subject to forfeiture any commissioned ship of any foreign state, or give to any British court over or in respect of any ship entitled to recognition as a commissioned ship of any foreign state any jurisdiction which it would not have had if this Act had not passed.'

Sec. 33. Nothing in this Act contained shall extend or be construed to extend to subject to any penalty any person who enters into the military service of any prince, state, or potentate in Asia, with such leave or licence as is for the time being required by law in the case of subjects of Her Majesty entering into the military service of princes, states, or potentates in Asia.'

It was held that the former Act (59 Geo. 3, c. 69) created an offence against the state, and the Court of Queen's Bench would not grant

a criminal information for such offence on the application of a private prosecutor, but leave the case to be dealt with like other public offences. (h)

It may be observed, though not strictly applicable to the subject of this chapter, that disobedience to the King's letter to a subject commanding him to return from beyond the seas, or to the King's writ of ne exeat regno, commanding a subject to stay at home, is a high misprision and contempt. (2) And it is also a high offence to refuse to assist the King for the good of the public, either in councils, by advice, if called upon, or in his wars by personal service for the defence of the realm against a rebellion or invasion; (j) under which class may be ranked the neglecting to join the posse comitatus, or power of the county, being thereunto required by the sheriff or justices, according to the statute 2 Hen. 5, c. 8, which is a duty incumbent upon all that are fifteen years of age, under the degree of nobility, and able to travel. (k)

(h) Ex parte Crawshay, 8 Cox, C. C. 356. As to summary conviction for persuading soldiers to desert, see post, p. 259. (2) 4 Blac. Com. 122. And if the subject neglects to return from beyond the seas,

when commanded, his land shall be seized till he does return, 1 Hawk. P. C. c. 22, s. 4.

(j) 1 Hawk. P. C. c. 22, s. 2.

(k) 4 Blac. Com. 122. Lamb. Eir. 315.

VOL. I.17

CHAPTER THE SEVENTH.

OF SEDUCING SOLDIERS AND SAILORS TO DESERT OR MUTINY.

IN consequence of the attempts of evil-disposed persons, by the publication of written or printed papers, and by malicious and advised speaking, to seduce soldiers and sailors from their duty and allegiance to his Majesty, the 37 Geo. 3, c. 70, was passed, enacting that any person who shall maliciously and advisedly endeavour to seduce any person or persons serving in his Majesty's forces by sea or land, from his or their duty and allegiance to his Majesty, or to incite or stir up any such person or persons to commit any act of mutiny, or to make, or endeavour to make, any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, shall, on being legally convicted of such offence, be adjudged guilty of felony.' By sec. 3, any person tried, acquitted, or convicted, of any offence against this Act, shall not be liable to be prosecuted again for the same offence or fact, as high treason, or misprision of high treason; and nothing in the Act contained shall prevent the trial of any person who has not been tried for an offence against this Act from being tried for the same as high treason, or misprision of high treason. And by sec. 2, any offence against this Act, whether committed on the high seas or in England, may be prosecuted and tried before any court of oyer and terminer, or gaol delivery, for any county in England, as if the said offence had been therein committed.

The 9 Will. 4, & 1 Vict. c. 91, s. 1, after reciting this Act, provides, 'that if any person shall,' after the 1st of October, 1837, be convicted of any of the offences herein before mentioned, such person shall not suffer death, or have sentence of death awarded against him or her for the same, but shall be liable, at the discretion of the Court to be transported (a) beyond the seas for the term of the natural life of such person, or for any term not less than fifteen years, or to be imprisoned for any term not exceeding three years.'

Sec. 2. In awarding the punishment of imprisonment for any offence punishable under this Act, it shall be lawful for the Court to direct such imprisonment to be with or without hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the Court in its discretion shall seem

meet.'

(a) Penal servitude by the 20 & 21 Vict. c. 3, s. 2, for not less than three years. See 54 & 55 Vict. c. 69, ante, p. 79.

A sailor in a sick hospital, where he had been for thirty days, and who therefore was not entitled to pay, nor liable for what he then did to answer before a court-martial, is nevertheless a person serving in his Majesty's forces by sea within this statute, so as to make the seducing him an offence within its provisions. (b)

An indictment upon this statute need not set out the means used for seducing the soldier from his duty and allegiance; and it need not aver that the prisoner knew the person endeavoured to be seduced to be a soldier. It seems also that a double act, namely, that the prisoner endeavoured to incite a soldier to commit mutiny, and also to commit traitorous and mutinous practices, may be charged in one count of the indictment.' (cd)

By sec. 153 of the Army Act, 1881, (e) which is continued by the Annual Mutiny Act, persons inducing soldiers to desert may be summarily convicted. (ƒ)

(b) R. v. Tierney, Mich. T. 1804. R. & R. 74.

(cd) Fuller's case, 2 Leach, 790. 1 East, P. C. c. 2, s. 33, p. 92. 1 Bos. and Pul. 180.

(e) 44 & 45 Vict. c. 58.

(f) As to militia, see 45 & 46 Vict. c. 49, s. 25. As to reserved forces, 45 & 46 Vict. c. 48, s. 17. As to navy, see 29 30 Vict. c. 109, ss. 19-24.