(C.) Summons to a Person charged with an indictable Offence. me on To A. B. of [labourer]. at Whereas you have this day been charged before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of, for that you, on [&c. stating shortly the offence]: These are therefore to command you, in Her Majesty's name, to be and appear before at o'clock in the forenoon at or before such other justice or justices of the peace for the same [county] as may then be there, to answer to the said charge, and to be further dealt with according to law. Herein fail not. Given under my hand and seal, this day ofthe year of our Lordin the county aforesaid. J. S. (L. S.) at in Warrant to apprehend for offences (D.) Warrant where the Summons is disobeyed. To the constable of· and to all other peace officers in last past A. B. of at the said [county] of in Given under my hand and seal, this· day of the year of our Lord- -, at in the [county] aforesaid. J. S. (L. S.) II. And be it enacted, that in all cases of indictable crimes or offences of any kind or nature whatsoever on the high seas or 1 J. P. 10. committed on the high seas, or in any creek, harbour, committed haven, or other place in which the Admiralty of England have or claim to have jurisdiction, and in all cases of abroad. crimes or offences committed on land beyond the seas, 287. for which an indictment may legally be preferred in any place within England or Wales, it shall be lawful for any one or more of Her Majesty's justices of the peace for any county, riding, division, liberty, city, borough, or place within England or Wales in which any person charged with having committed or with being suspected to have committed any such crime or offence shall reside or be, or shall be supposed or suspected to reside or be, to issue his or their warrant (E.) to apprehend the person Post, p. 13. so charged, and to cause him to be brought before him or them, or some other justice or justices of the peace for the same county, riding, division, liberty, city, borough, or place, to answer to the said charges, and to be further dealt with according to law. NOTES. For offences at sea.] The Admiralty have exclusive jurisdiction of all indictable crimes and offences committed on the high seas, or within the harbours, creeks, and havens of foreign countries. But within the harbours, creeks, and havens of this country, the courts of common law, and not the Admiralty, have jurisdiction: as for instance, if an imaginary line were drawn across the mouth of such creek, &c. from one point of land to the other, the common law would have jurisdiction of all offences committed within such line; the Admiralty, of all offences committed without it. As to the sea-shore, below low water mark, the Admiralty have exclusive jurisdiction; above high water mark, the courts of common law have exclusive jurisdiction: and between high and low water mark, the courts of common law and the Admiralty have alternate jurisdiction, the courts of common law have jurisdiction of all offences committed on the strand when the tide is out,-the Admiralty, jurisdiction of offences committed on the water when the tide is in. 1 Arch. J. P. 10. But by stat. 3 & 4 Will. 4, c. 53, s. 77, offences committed on the high seas against any Act relating to the customs, shall, for the purpose of prosecution, be deemed to have been committed on the place on land in the united kingdom into which the offender shall be carried, or in which he shall be found. As to the offence of piracy at common law or by statute, see 2 Arch. J. P. 381; and as to other offences committed within the jurisdiction of the Admiralty, see 1 Arch. J. P. 12. And by stat. 7 & 8 Geo. 4, c. 28, s. 12, all offences prosecuted in the high court of Admiralty of England, shall, upon every first and subsequent conviction, be subject to the same punishments, whether of death or otherwise, as if such offences had been committed upon the land. The warrant to apprehend the offender in these cases may be issued by any justice of the peace for the county or other district in which the party charged shall "reside or be, or shall be supposed or suspected to reside or be,"—which is the same practice, as was observed under stat. 7 Geo. 4, c. 38, previously to this statute. And such justice or justices, if he or they shall see cause to commit such person to take his trial for such offence, "shall commit him to the same prison, to which he would have been committed to take his trial at the next court of oyer and terminer and general gaol delivery, if the offence had been committed on land within the jurisdiction of the same justice or justices, and shall have authority to bind by recognizance all persons, who shall know or declare any thing material touching the said offence, to appear at the next court of oyer and terminer and general gaol delivery, then and there to prosecute or give evidence against the party accused, and shall return all such informations and recognizances to the proper officer of the court in which the trial is to be, at or before the opening of the court. 7 & 8 Vict. c. 2, s. 3. See as to the form of the warrant, infra, (E.) If the party cannot be found within the jurisdiction, the warrant may be backed, so as to be executed within another district, as directed post, sect. 11, &c. For offences committed abroad.] By stat. 9 Geo. 4, c. 31, s. 7, "if any of his Majesty's subjects shall be charged in England with any murder or manslaughter, or with being accessory before the fact to any murder, or after the fact to any murder or manslaughter, the same being respectively committed on land out of the united kingdom, whether within the King's dominions or without," a commission of oyer and terminer under the great seal shall issue, directed to such person, and into such county or place, as shall be appointed by the lord chancellor, for the speedy trial of such offender; and all such offences shall be inquired of, heard and determined in the same manner as if they had been actually committed in the said county or place. The warrant to apprehend the offender may be issued by any justice of the peace for the county or other district in which the party charged shall "reside or be, or shall be supposed or suspected to reside or be ;" ante, p. 11; and such justice shall thereupon proceed therein, as if the offence had been committed within the limits of his ordinary jurisdiction, 9 Geo. 4, c. 31, s. 7,-that is to say, he shall commit him to the same prison to which he would have been committed to take his trial at the next court of oyer and terminer and gaol delivery, if the offence had been committed on land within the jurisdiction of the committing justice, or he shall be bailed or discharged, as in ordinary cases, according to circumstances. See as to the form of the warrant, infra, (E.) If the party cannot be found within the jurisdiction of the justice granting the warrant, the warrant in that case may be backed, as directed post, sect. 11, &c. so that it may be executed within another district. It is seemingly objected (S.) to this section, that it requires the justice in all cases to issue his warrant, and does not give any discretion to issue a summons. This is a mistake: the first seven sections merely define the jurisdiction of justices of the peace with relation to indictable offences; and this section merely gives jurisdiction of offences committed at sea, or on land beyond the sea, so far as relates to the preliminary proceedings, to justices within whose district the offender may happen to be, or be suspected to be, at the time the charge is made against him. The 8th section relates to the information; the 9th to the 15th sections, to the summons or warrant to cause the party to appear and answer to it; and the rest of the statute, to the subsequent proceedings to the commitment or bail exclusively. And the 9th section, as to the summons, will be found to relate to all indictable offences, whether committed here, or at sea, or abroad. But supposing it were otherwise, would it be any thing very strange for a justice of the peace to issue his warrant, in the first instance, for offences committed at sea; if he did not, it is not very probable that the seaman, or other person charged, would pay much attention to his summons, or wait for a warrant. And as to offences committed beyond sea, they being serious offences, namely, murder or manslaughter, it is not very likely that justices would issue a summons against the offender. FORMS. (E.) Warrant to apprehend a Person charged with an indictable Offence committed on the High Seas or abroad. For offences committed on the high seas, the warrant may be the same as in ordinary cases, but describing the offence to have been committed "on the high seas, out of the body of any county of this realm, and within the jurisdiction of the Admiralty of England." Warrant to party against whom an indictment is found. For offences committed abroad, for which the parties may be indicted in this country, the warrant also may be the same as in ordinary cases, but describing the offence to have been committed on land out of the united kingdom, to wit, in the kingdom of · 66 66 or "at at in the East in the West III. And be it enacted, that where any indictment apprehend a shall be found by the grand jury in any court of oyer and terminer or general gaol delivery, or in any court of general or quarter sessions of the peace, against any person who shall then be at large, and whether such person shall have been bound by any recognizance to appear to answer to the same or not, the person who shall act as clerk of the indictments at such court of oyer and terminer or gaol delivery, or as clerk of the peace at such sessions, at which the said indictment shall be found, shall at any time afterwards, after the end of the sessions of oyer and terminer or gaol delivery or sessions of the peace at which such indictment shall have been found, upon application of the prosecutor, or of any person on his behalf, and on payment of a fee of one shilling, if such person shall not have already appeared and pleaded to such indictment, grant unto such Post, p. 17. prosecutor or person a certificate (F.) of such indictment having been found; and upon production of such certificate to any justice or justices of the peace for any county, riding, division, liberty, city, borough, or place in which the offence shall in such indictment be alleged to have been committed, or in which the person indicted in and by such indictment shall reside or be, or be supposed or suspected to reside or be, it shall be lawful for such justice or justices, and he and they are hereby rePost, p. 17. quired, to issue his or their warrant (G.) to apprehend such person so indicted, and to cause him to be brought before such justice or justices, or any other justice or justices for the same county, riding, division, liberty, city, borough, or place, to be dealt with according to law, and afterwards, if such person be thereupon apprehended and brought before any such justice or justices, |