1729: 2 George 2 c.21: Trials of murders

1729: 2 George 2 c.21: An act for the trial of murders, in cases where either the stroke or death only happens within that part of Great Britain called England.

FOR preventing any failure of justice and taking away all doubts touching the trial of murders in the cases herein after mentioned, be it enacted by the King’s most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same, that where any person, at any time after the twenty fourth day of June in the year of our Lord one thousand seven hundred and twenty nine, shall be feloniously stricken or poisoned upon the sea, or at any place out of that part of the kingdom of Great Britain called England, and shall die of the same stroke or poisoning within that part of the kingdom of Great Britain called England; or where any person, at any time after the twenty fourth day of June in the year of our Lord one thousand seven hundred and twenty nine, shall be feloniously stricken or poisoned at any place within that part of Great Britain called England, and shall die of the same stroke or poisoning upon the sea, or at any place out of that part of the kingdom of Great Britain called England; in either of the said cases an indictment thereof found by the jurors of the county in that part of the kingdom of Great Britain called England, in which such death, stroke or poisoning shall happen respectively as aforesaid, whether it shall be found before the coroner upon the view of such dead body, or before the justices of the peace, or other justices or commissioners, who shall have authority to inquire of murders, shall be as good and effectual in the law, as well against the principals in any such murder, as the accessaries thereunto, as if such felonious stroke and death thereby ensuing, or poisoning and death thereby ensuing, and the offence of such accessaries, had happened in the same county where such indictment shall be found; and that the justices of gaol delivery and Oyer and Terminer in the same county where such indictment shall be found, and also any superior proceed court, in case such indictment shall be removed into such superior court, shall and may proceed upon the same in all points, as well against the principals in any such murder, as the accessaries thereto, as they might or ought to do, in case such felonious stroke and death thereby ensuing, or poisoning and death thereby ensuing, and the offence of such accessaries, had happened in the same county where such indictment shall be found; and that every such offender, as well principal as accessary, shall answer upon their arraignments, and have the like defences, advantages and exceptions (except challenges for the hundred) and shall receive the like trial, judgment, order and execution, and suffer such forfeitures, pains and penalties, as they ought to do, if such felonious stroke and death thereby ensuing, or poisoning and death thereby ensuing, and the offence of such accessaries, had happened in the same county where such indictment shall be found.

Source: Pickering, Statutes At Large, volume 16.