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Piracy Act 1850

From Wikipedia, the free encyclopedia
United Kingdom act of parliament

Piracy Act 1850[1]
Act of Parliament
coat of arms
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
Commencement1 June 1850[2]
Other legislation
Amended byStatute Law Revision Act 1875
Status: Partially repealed
Text of statute as originally enacted
Text of the Piracy Act 1850 as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk.

ThePiracy Act 1850[1] (13 & 14 Vict. c. 26), sometimes called thePirates (Head Money) Repeal Act 1850,[3] is anAct of theParliament of the United Kingdom. It relates to proceedings for the condemnation of ships and other things taken frompirates and creates an offence ofperjury in such proceedings.

This Act is retained forIreland by section 2 of, and Part 4 of Schedule 1 to, theStatute Law Revision Act 2007. This Act was repealed so far as it was part of the law of the Commonwealth or a territory of Australia by section 53[4] of, and Schedule 2[5] to, theCrimes Legislation Amendment Act 1992.

The case ofThe Magellan Pirates[6] was decided under this Act.

The cost of rewards paid under this Act have been given in the Navy Estimates.[7]

Preamble

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The preamble was repealed by theStatute Law Revision Act 1891.

Section 1

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Section 1 repealed thePiratical Ships Act 1825 (6 Geo. 4. c. 49) ("An Act for encouraging the Capture or Destruction of Piratical Ships and Vessels").[8] It was repealed by theStatute Law Revision Act 1875, because it was spent.[9]

Sections 2 and 3

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Sections 2 and 3 were repealed by theStatute Law Revision Act 1963.

In section 2, the words "or any of the Ships or Vessels of War of the East India Company" and "after the said First Day of June" and from "including" to "Company" were repealed by the Statute Law Revision Act 1875. In section 3, the words "said Lord Commissioners of the", occurring twice, were repealed by the Statute Law Revision Act 1891.

Sections 2 and 3 were repealed forNew Zealand by section 14(1) of, and the Schedule to, theAdmiralty Act 1973 (No 119).

Section 4

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Section 4 was repealed by the Statute Law Revision Act 1875.

Section 5 - Condemnation of ships etc taken from pirates

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...all ships, vessels, boats, goods, merchandise,specie, or other property taken possession of from pirates by any ofher Majesty's ships or vessels of war orhired armed vessels,... or their boats, or any of the officers or crews thereof, shall and may be proceeded against in any of theadmiralty courts before mentioned, and be subject and liable to condemnation asdroits andperquisites of her Majesty in herOffice 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 ofher 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 otherbounties are now distributable by virtue of her Majesty'sproclamation ororder 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....[10]

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

"The admiralty courts before mentioned"

Section 2 mentioned theHigh 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 theAdministration of Justice Act 1956.[11] The jurisdiction of the Courts of Vice-Admiralty in Her Majesty's possessions abroad was transferred to Colonial Courts of Admiralty by sections2(3) and 17 of theColonial Courts of Admiralty Act 1890.

Section 6 - Perjury

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InEngland and Wales this section provides:

. . . every person who shall wilfully and corruptly givefalse evidence in any examination ordeposition had oraffidavit taken in any proceeding under this Act shall be deemed guilty ofperjury, 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 acourt of competent jurisdiction to try any such offence, or... inEngland;....[12]

The words at the start were repealed by theStatute 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, theCourts Act 1971.

This section was repealed forNorthern Ireland by thePerjury Act (Northern Ireland) 1946. This section was repealed for New Zealand by section 412(1) of, and the Fourth Schedule to, theCrimes Act 1961.

"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 thePerjury Act 1911.

"England"

This expression includesWales.

Section 7

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This section was repealed by theStatute Law Revision Act 1875.

Schedule

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The Schedule was repealed by theStatute Law Revision Act 1963.

Commencement

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Pirates (Head Money) Repeal Act Commencement Act 1850
Act of Parliament
coat of arms
Long titleAn Act to provide for the Commencement of an Act of the present Session, intituled An 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. 27
Dates
Royal assent15 July 1850
Repealed11 August 1875
Other legislation
Repealed byStatute Law Revision Act 1875
Status: Repealed

The act13 & 14 Vict. c. 27 (1850) was an act of the Parliament of the United Kingdom. The bill for the act 13 & 14 Vict. c. 27 was called thePirates (Head Money) Repeal Act Commencement Bill.[13] The Act 13 & 14 Vict. c. 27 provided that the Piracy Act 1850 was to come into force on 1 June 1850 instead of 1 June 1851. The act 13 & 14 Vict. c. 27 was repealed by theStatute Law Revision Act 1875, because it was spent.[9]

See also

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References

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  • Halsbury's Statutes of England and Wales. Fourth Edition. 2008 Reissue.Volume 12(1). Page 114.
  • Halsbury's Statutes of England. Third Edition. 1969.Volume 8. Page 106.
  • Halsbury's Statutes of England. (The Complete Statutes of England). First Edition. 1929. Volume 4. Page 520. Google Books:[1][2].
  • The Statutes: Third Revised Edition. HMSO. 1950.Volume 6. Page 3.
  • The Statutes: Second Revised Edition. HMSO. London. 1894. Volume 8. Pagesxviii and632.
  • Cox and Paterson (eds). The Practical Statutes of the Session 1850. John Crockford, Law Times Office. London. 1850.Page 27.
  • The Law Reform Commission."Criminal Admiralty Jurisdiction and Prize". ALRC 48. 1990. Paragraphs 8, 29, 32, 45, 90, 93 at pages 9, 23, 25, 36, 65, 66, 68.
  • "Piracy Act, 1850". eISB.
  • The Victorian Statutes: The Public and Private Acts of Victoria, Also the Acts of the Federal Council of Australasia, and a Selection of the Imperial Statutes Apparently in Force in Victoria. Robert S Brain, Government Printer. Melbourne. 1890. Volume 7 (Imperial Statutes and Acts of Federal Council).Page 92
  • The Public Acts of Queensland (Reprint) Classified and Annotated, 1828-1936. Volume 2. Page 1012. Google Books:[3][4]
  • "Piracy Act 1850 (13 and 14 Vict., c. 26.)". Selection of Imperial Acts in force in New Zealand in 1881.
  • "Admiralty Jurisdiction: Report of the Special Law Reform Committee on Admiralty Jurisdiction". March 1972. Pages 60 and 65.
  • Mayers. Admiralty Law and Practice in Canada. Carswell Company. 1916. Page 186.Internet Archive.Google Books.
  • A Collection of Statutes Relating to India. 1913.Volume 1. Page 251.
  • Dicey and Goddard. The Admiralty Statutes: Being the Public Statutes Actually in Force Relating to the Admiralty and Her Majesty's Navy from 5 & 6 Edw. VI. (A.D. 1552) to 48 & 49 Vict. (A.D. 1885) Inclusive, Arranged in Chronological Order, and Followed by an Index. Second Edition. Printed by Eyre and Spottiswoode for HMSO. London. 1886.Page 126. See also page x.
  1. ^abThe citation of this Act by thisshort title was authorised by theShort Titles Act 1896.
  2. ^13 & 14 Vict. c. 27 (1850)
  3. ^Cox. Reports of Cases in Criminal Law. Crockford. London. 1851. Volume 4 (1850 to 1851). Appendix.Page li. Bruce, Jemmett and Phillimore. A Treatise on the Jurisdiction and Practice of the English Courts in Admiralty Actions and Appeals. 3rd Ed. Sweet & Maxwell. 1902. Pages xiv and 567.Internet Archive.Google Books.
  4. ^AustLII
  5. ^AustLII
  6. ^The Magellan Pirates (1853) 1 Spinks Ecc & Ad81; 22LT319; 18(1) Jurist18. See alsoThe Virago (1852) 16 Jurist 1145, 20 English Reports in Law and Equity644.
  7. ^See, for example, Navy Estimates, for the Year 1860-61, 6 February 1860,p 82. Accounts and Papers. Session 24 January - 28 August 1860. Volume 42. 1860. Navy Estimates for the Year 1857-58,p 82.
  8. ^"Piracy Act 1850". Archived fromthe original on 13 November 2012. Retrieved28 March 2025.
  9. ^abStatute Law Revision Bill 1875 (38 & 39 Vict). Bill 278.p 95. (See page 3 for the definition of "spent"). Bills, Public. Volume 6. Session 5 February - 13 August 1875.
  10. ^Piracy Act 1850, section 5.
  11. ^Administration of Justice Act, 1956.
  12. ^Piracy Act 1850, section 6.
  13. ^"Pirates (Head Money) Repeal Act Commencement Bill". Index to Hansard's Parliamentary Debates, in the Third Session of the Fifteenth Parliament of the United Kingdom, 13 & 14 Victoria, 1850.

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