PART VII. When before committing magistrates may be read in evidence. IF upon the trial it be proved by the oath or affirmation of depositions any credible witness that any person whose deposition has been taken upon the examination of the prisoner before the magistrates as directed by the 11 & 12 Vict. c. 42, s. 17, is dead, or so ill as not to be able to travel, and if also it be proved that such deposition was taken in the presence of the prisoner, and that he or his counsel or solicitor had a full opportunity of cross-examining the witness, then, if such deposition purport to be signed by the justice by or before. whom the same purports to have been taken, such deposition may be read in evidence in such prosecution without further proof thereof, unless it be proved that such deposition was not in fact signed by the justice purporting to sign the same. (11 & 12 Vict. c. 42, s. 17.) (a) The deposition would not be admissible if the charge before the justice was substantially different from that for which the prisoner is tried; but it seems where the charges are really the same, and the prisoner's opportunity of cross-examining before the justice was complete, the deposition is admissible. (3 Russ. on Crimes, 526-550.) In order to render a deposition admissible, under this enactment, it must have been taken as directed by the Act. (See ante, p. 64.) And it must be proved that the deponent is dead, or so ill as not to be able to travel where it was sworn that the attendance of a witness would endanger his life, the deposition was admitted; and where a witness came to the building where the court sat, but was sent away by a (a) As to depositions taken on behalf of the accused before the magistrates being evidence, see 30 & 31 Vict. c. 35, s. 3, ante, p. 68. medical man as his remaining would be highly dangerous, it The deposition of a witness, who has been kept away by the procurement of the prisoner, or who has become insane since his examination, is admissible; but it seems that the fact of the witness being abroad does not render his deposition admissible. (3 Russ. on Crimes, 525.) It is the duty of the justices taking the examinations to return the depositions to the court at which the trial is to take place. (Ante, p. 70.) Parol evidence of a deposition is not admissible unless it be shown that it was not taken down in writing as directed by the statute. It seems that parol evidence is admissible to add to a deposition. (3 Russ, on Crimes, 532.) CHAP. XXXV. As to when the depositions of witnesses who have been Where examined before trial, by reason of their being dangerously witnesses ill, can be read in evidence, see ante, p. 81. danger ously ill. The 7 Geo. 4, c. 64, s. 4, noticed, ante, p. 101, regulates Deposithe taking of depositions before coroners. It is questionable tions whether a deposition before a coroner is in any case receiv- before able in evidence, except for the purpose of contradicting a coroners. witness, even where the prisoner was present when the deponent was examined. (3 Russ. on Crimes, 533.) As to using a deposition for the purpose of contradicting Contradicting a witness, see ante, p. 234. witness Act. By the 17 & 18 Vict. c. 104 (The Merchant Shipping Act, by deposi1854), s. 270," whenever in the course of any legal proceed- tion. ings instituted in any part of H. M.'s. dominions before any Provision judge or magistrate, or before any person authorized by law in Meror by consent of parties to receive evidence, the testimony of chant any witness is required in relation to the subject-matter of Shipping such proceeding, then upon due proof, if such proceeding is instituted in the U. K., that such witness cannot be found in that kingdom, or if in any British possession, that he cannot be found in the same possession, any deposition that such witness may have previously made on oath in relation to the same subject-matter before any justice or magistrate in H. M.'s PART VII. dominions, or any British consular officer elsewhere, shall be admissible in evidence subject to the following restrictions; (that is to say), (1.) If such deposition was made in the U. K., it shall not be admissible in any proceeding instituted in the U. K.: (2.) If such a deposition was made in any British possession, it shall not be admissible in any proceeding instituted in the same British possession: (3.) If the proceeding is criminal it shall not be admissible unless it was made in the presence of the person accused: every deposition so made as aforesaid shall be authenticated by the signature of the judge, magistrate, or consular officer, before whom the same is made; and such judge, magistrate, or consular officer shall, when the same is taken in a criminal matter, certify, if the fact is so, and that the accused was present at the taking thereof, but it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition; and in any criminal proceeding such certificate as aforesaid shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified. This enactment does not affect any case in which depositions are admissible in evidence by Act of parliament, &c. In general, a person cannot be indicted in England for an Offences offence which is not against the law of nature and nations committed committed in a foreign country. Treason or misprisions of in a treason committed out of the realm may be tried in England. foreign (Chitty's Crim. Law, 2nd Ed. 188.) If a person steals property in a foreign country and brings it into England he cannot be indicted in England. It is submitted that murder anywhere in the world of any person by a British subject was always an offence by the law of England. (See 1 Russ. on Crimes, 907, note ƒ.) country. PART VIII By 24 & 25 Vict. c. 100, s. 9, "where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen's dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty, in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined, and punished in any county or place in England or Ireland in which such person shall be apprehended or be in custody, in the same manner in all respects as if such offence had been actually committed in that county or place; provided that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this Act." Certain offences committed abroad by colonial governors, &c., may be tried &c., in the Queen's Bench Division of the High Court of Justice in England or before such commissioners and in such county as shall be assigned by Her Majesty's commission. (11 & 12 Will. 3, c. 12.) As to indictments for offences committed by persons employed in the public service abroad, see 42 Geo. 3, c. 85. (R. v. Eyre, 11 Cox C. C. 162.) As to the punishment of seamen belonging to a British ship for offences committed abroad, see 17 & 18 Vict. c. 104, s. 267, post, p. 264. As to punishing an offender when the cause of death is abroad and the death in England, see 24 & 25 Vict. c. 100, s. 10, ante, p. Offences Offences committed on the high seas. The high seas include any river where great ships go, committed where the tide ebbs and flows. (R. v. Allen, 1 Moo. C. C. on the 494.) high seas. Every person, whether a British subject or a foreigner, while on board a British ship on the high seas is subject to the laws of England the same as if he were on British soil, such ship being in law part of the English territory; therefore, if a foreigner commit murder on board such a ship he may be tried for the offence in England. But a foreigner for |