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Admiralty Offences (Colonial) Act 1849

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IIPersons convicted of such Offences shall suffer the like Punishments as on Conviction of like Offences in England.

Provided always, and be it enacted, That if any Person shall be convicted before any such Court of any such Offence, such Pea-son so convicted shall be subject and liable to and shall suffer all such and the same Pains, Penalties, and Forfeitures as by any Law or Laws now in force Persons convicted of the same respectively would be subject and liable to in case such Offence had been committed, and were inquired of, tried, heard, determined, and adjudged, in England, any Law, Statute, or Usage to the contrary notwithstanding.

IIIProvision for the Trial of Murder and Manslaughter, where the Death only happens in the Colony or upon the Sea.

And be it enacted, That where any Person shall die in any Colony of any Stroke, Poisoning, or Hurt, such Person having been feloniously stricken, poisoned, or hurt upon the Sea, or in any Haven, River, Creek, or Place where the Admiral or Admirals have Power, Authority, or Jurisdiction, or at any Place out of such Colony, every Offence committed in respect of any such Case, whether the same shall amount to the Offence of Murder or of Manslaughter, or of being Accessory before the Fact to Murder, or after the Fact to Murder or Manslaughter, may be dealt with, inquired of, tried, determined, and punished in such Colony in the same Manner in all respects as if such Offence had been wholly committed in that Colony; and that if any Person in any Colony shall be charged with any such Offence as aforesaid in respect of the Death of any Person who, having been feloniously stricken, poisoned, or otherwise hurt, shall have died of such Stroke, Poisoning, or Hurt upon the Sea, or in any Haven, River, Creek, or Place where the Admiral or Admirals have Power, Authority, or Jurisdiction, such Offence shall be held for the Purpose of this Act to have been wholly committed upon the Sea.

IVJurisdiction of the Supreme Courts of New South Wales and Van Diemen's Land preserved.

Provided also, and be it enacted, That nothing in this Act contained shall in any way affect or abridge the Jurisdiction of the Supreme Courts of New South Wales and Van Diemen's Land, as established by an Act passed in the Ninth Year of the Reign of King George the Fourth, intituled An Act to provide for the Administration of Justice in New South Wales and Van Diemen's Land, and for the more effectual Government thereof, and for other Purposes relating thereto.

VInterpretation of Terms.

And be it enacted, That for the Purposes of this Act the Word " Colony" shall mean any Island, Plantation, Colony, Dominion, Fort, or Factory of Her Majesty, except any Island within the United Kingdom, and the Islands of Man, Guernsey, Jersey, Alderney, and Sark, and the Islands adjacent thereto respectively, and except also all such Parts and Places as are under the Government of the East India Company ; and the Word " Governor " shall mean the Officer for the Time being administering the Government of any Colony.

VIAct may be amended, &c.

And be it enacted, That this Act may be amended or repealed by any Act to be passed during this present Session of Parliament.

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