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[41 & 42 VICT.]
Territorial Waters Jurisdiction
Act, 1878.
[CH. 73.]
[CH. 73.]
Territorial Waters Jurisdiction [41 & 42 VICT.]
Act, 1878.
A.D. 1878. of State, and on his certificate that the institution of such proceedings is in his opinion expedient, and shall not be instituted in any of the dominions of Her Majesty out of the United Kingdom, except with the leave of the Governor of the part of the dominions in which such proceedings are proposed to be instituted, and on his certificate that it is expedient that such proceedings should be instituted.
Provisions as
4. On the trial of any person who is not a subject of Her to procedure. Majesty for an offence declared by this Act to be within the jurisdiction of the Admiral, it shall not be necessary to aver in any indictment or information on such trial that such consent or certificate of the Secretary of State or Governor as is required by this Act has been given, and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by one of Her Majesty's Principal Secretaries of State as respects the United Kingdom, and by the Governor as respects any other part of Her Majesty's dominions, and containing such consent and certificate, shall be sufficient evidence for all the purposes of this Act of the consent and certificate required by this Act.
Saving as to jurisdiction.
Saving as to piracy.
Definitions.
Proceedings before a justice of the peace or other magistrate previous to the committal of an offender for trial or to the deter- mination of the justice or magistrate that the offender is to be put upon his trial shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this Act.
5. Nothing in this Act contained shall be construed to be in derogation of any rightful jurisdiction of Her Majesty, her heirs or successors, under the law of nations, or to affect or prejudice any jurisdiction conferred by Act of Parliament or now by law existing in relation to foreign ships or in relation to persons on board such ships.
6. This Act shall not prejudice or affect the trial in manner heretofore in use of any act of piracy as defined by the law of nations, or affect or prejudice any law relating thereto; and where any act of piracy as defined by the law of nations is also any such offence as is declared by this Act to be within the jurisdiction of the Admiral, such offence may be tried in pursuance of this Act, or in pursuance of any other Act of Parliament, law, or custom relating thereto.
7. In this Act, unless there is something inconsistent in the context, the following expressions shall respectively have the meanings herein-after assigned to them; that is to say,
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"Jurisdic-
"The jurisdiction of the Admiral," as used in this Act, includes A.D. 1878.
the jurisdiction of the Admiralty of England and Ireland, or either of such jurisdictions as used in any Act of Parliament; tion of the and for the purpose of arresting any person charged with an Admiral?” offence declared by this Act to be within the jurisdiction of the Admiral, the territorial waters adjacent to the United Kingdom, or any other part of Her Majesty's dominions, shall be deemed to be within the jurisdiction of any judge, magistrate, or officer having power within such United Kingdom, or other part of Her Majesty's dominions, to issue warrants for arresting or to arrest persons charged with offences committed within the jurisdiction of such judge, magistrate, or officer : "United Kingdom "includes the Isle of Man, the Channel "United
Kingdom :" Islands, and other adjacent islands: "The territorial waters of Her Majesty's dominions," in reference "Territorial
to the sea,
means such part of the sea adjacent to the waters coast of the United Kingdom, or the coast of some other part Majesty's of Her Majesty's dominions, as is deemed by international law dominions :" to be within the territorial sovereignty of Her Majesty; and for the purpose of any offence declared by this Act to be within the jurisdiction of the Admiral, any part of the open sea within one marine league of the coast measured from low-water mark shall be deemed to be open sea within the territorial waters of Her Majesty's dominions:
CC
of Her
Governor," as respects India, means the Governor General or "Governor:"
the Governor of any presidency; and where a British possession consists of several constituent colonies, means the Governor General of the whole possession or the Governor of any of the constituent colonies; and as respects any other British pos- session, means the officer for the time being administering the government of such possession; also any person acting for or in the capacity of Governor shall be included under the term "Governor:"
"Offence" as used in this Act means an act, neglect, or default «Offence:"
*C
of such a description as would, if committed within the body
of a county in England, be punishable on indictment ac-
cording to the law of England for the time being in force:
Ship" includes every description of ship, boat, or other floating "Ship:
craft:
"Foreign ship" means any ship which is not a British ship.
"Foreign
ship."
LONDON: Printed by GEORGE EDWARD EYRE and WILLIAM SPOTTISWOODE, Printers to the Queen's most Excellent Majesty. 1878.
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