183
C A P. LIII.
Murders and Manſlaughters committed in certain Foreign Parts not within His Majeſty's Dominions, may be tried in any of His Majeſty's Foreign Plantations, in ſame manner as Offences committed on the High Seas.
‘Whereas grievous Murders and Manſlaughters have been committed at the Settlement in the Bay of Honduras in South America, the ſame being a Settlement, for certain Purpoſes, in the Poſſeſſion and under the Protection of His Majeſty, but not within the Territory and Dominion of His Majeſty, by Perſons reſiding and being within the ſaid Settlement; and the like Offences have alſo been committed in the South Pacific Ocean, as well on the High Seas as on Land, in the Iſlands of New Zealand and Otaheite, and in other Iſlands, Countries and Places not within His Majeſty's Dominions, by the Maſters and Crews of Britiſh Ships, and other Perſons who for the moſt part deſerted from or left their Ships, and have continued to live and reſide amongſt the Inhabitants of thoſe Iſlands; whereby great Violence has been done, and a general Scandal and Prejudice raiſed againſt the Name and Character of Britiſh and other European Traders: And Whereas ſuch Crimes and Offences do eſcape unpuniſhed, by reaſon of the Difficulty of bringing to Trial the Perſons guilty thereof:’ For Remedy whereof be it enacted by The King's Moſt Excellent Majeſty, by and with the Advice and Conſent of the Lords Spiritual and Temporal, and Commons, in this preſent Parliament aſſembled, and by the Authority of the ſame, That from and after the paſſing of this Act all Murders and Manſlaughters committed or that ſhall be committed on Land at the ſaid Settlement in the Bay of Honduras by any Perſon or Perſons reſiding or being within the ſaid Settlement, and all Murders and Manſlaughters committed or that ſhall be committed in the ſaid Iſlands of New Zealand and Otaheite, or within any other Iſlands, Countries, or Places not within His Majeſty's Dominions, nor ſubject to any European State or Power, nor within the Territory of the United States of America, by the Maſter or Crew of any Britiſh Ship or Veſſel, or any of them, or by any Perſon failing in or belonging thereto, or that ſhall have failed in or belonged to and have quitted any Britiſh Ship or Veſſel to live in any of the ſaid Iſlands, Countries, or Places, or either of them, or that ſhall be there living, ſhall and may be tried, adjudged and puniſhed in any of His Majeſty's Iſlands, Plantations, Colonies, Dominions, Forts or Factories, under or by virtue of The King's Commiſſion or Commiſſions, which ſhall have been or which ſhall hereafter be iſſued under and by virtue and in purſuance of the Powers and Authorities of an Act paſſed in the Forty-ſixth Year of His preſent Majeſty, intituled 46 G.3.c.54.An Act for the more ſpeedy Trial of Offences committed in diſtant Parts upon the Sea, in the ſame manner as if ſuch Offence or Offences had been committed on the High Seas.
Proviſo for Stat.33 H.8.c.21.
II. Provided always, That nothing herein contained ſhall repeal or affect, or be conſtrued to repeal or affect, the Proviſions of an Act made and paſſed in the Thirty third Year of King Henry the Eighth, intituled Proviſo for Stat.33 H.8c.23.An Act to proceed by Commiſſion of Oyer and Terminer againſt ſuch Perſons as ſhall confeſs Treaſon, etc. without remanding the ſame to be tried in the Shire where the Offence was committed.