Jump to content

Piracy Act 1850

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 24.165.80.219 (talk) at 04:16, 15 March 2015. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

The Piracy Act 1850[1]
Long titleAn Act to repeal an Act of the Sixth Year of King George the Fourth, for encouraging the Capture or Destruction of Piratical Ships and Vessels; and to make other Provisions in lieu thereof.
Citation13 & 14 Vict c 26
Dates
Royal assent25 June 1850

The Piracy Act 1850 (13 & 14 Vict c 26) is an Act of the Parliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken from pirates and creates an offence of perjury in such proceedings.

Section 1

Section 1 repealed 6 Geo 4 c 49 (1825) (An Act for encouraging the Capture or Destruction of Piratical Ships and Vessels). It was repealed by the Statute Law Revision Act 1875.

Sections 2 to 4

Sections 2 and 3 were repealed by the Statute Law Revision Act 1963.

Section 4 was repealed by the Statute Law Revision Act 1875.

Section 5 - Condemnation of ships etc taken from pirates

...all ships, vessels, boats, goods, merchandise, specie, or other property taken possession of from pirates by any of her Majesty's ships or vessels of war or hired armed vessels,... or their boats, or any of the officers or crews thereof, shall and may be proceeded against in any of the admiralty courts before mentioned, and be subject and liable to condemnation as droits and perquisites of her Majesty in her Office of Admiralty: Provided always, that if any part of the said property shall be duly proved to have belonged to and to have been taken from any of her Majesty's subjects, or from the subjects of any foreign power, then such property and every part thereof shall, by the decree of the said court, be adjudged to be restored, and shall be accordingly restored, to the former owner or owners, proprietor or proprietors thereof respectively, he or they paying for in lieu of salvage a sum of money equal to one eighth part of the true value, which money... shall be paid to and divided and distributed amongst the officers and crews thereof, in such manner, form, and proportion as other bounties are now distributable by virtue of her Majesty's proclamation or order in council dated the thirteenth day of July one thousand eight hundred and forty-nine, or as her Majesty,... shall from time to time by any further proclamation or order or orders in council think fit to declare and direct....[2]

The words omitted were repealed by the Statute Law Revision Act 1875 and the Statute Law Revision Act 1891.

"The admiralty courts before mentioned"

Section 2 mentioned the High Court of Admiralty of England and all courts of vice admiralty in any dominions of Her Majesty beyond the seas.

The jurisdiction of the High Court of Admiralty of England was transferred to the High Court by section 1(1) of the Administration of Justice Act 1956.[3] The jurisdiction of the Courts of Vice-Admiralty in Her Majesty's possessions abroad was transferred to Colonial Courts of Admiralty by sections 2(3) and 17 of the Colonial Courts of Admiralty Act 1890.

Section 6 - Perjury

In England and Wales this section provides:

. . . every person who shall wilfully and corruptly give false evidence in any examination or deposition had or affidavit taken in any proceeding under this Act shall be deemed guilty of perjury, and being thereof convicted shall be subject and liable to all the punishments, pains, and penalties to which persons convicted of wilful and corrupt perjury are liable; and every such person may be tried for any such perjury either in the place where the offence was committed or in any colony or settlement of her Majesty near thereto in which there is a court of competent jurisdiction to try any such offence, or... in England;....[4]

The words at the start were repealed by the Statute Law Revision Act 1891. The words in the second place and at the end were repealed by section 56(4) of, and Part IV of Schedule 11 to, the Courts Act 1971.

This section was repealed for Northern Ireland by the Perjury Act (Northern Ireland) 1946

"All the punishments, pains, and penalties to which persons convicted of wilful and corrupt perjury are liable"

The penalty for perjury is now provided by section 1 of the Perjury Act 1911

"England"

This expression includes Wales.

Section 7

This section was repealed by the Statute Law Revision Act 1875.

Schedule

The Schedule was repealed by the Statute Law Revision Act 1963.

See also

References