Piracy Act 1850

Act of Parliament
	Parliament of the United Kingdom
Long title	An 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.
Citation	13 & 14 Vict. c. 27
Dates
Royal assent	15 July 1850
Other legislation
Repealed by	Statute Law Revision Act 1875
Status: Repealed

Piracy Act 1850^[1]
Act of Parliament
	Parliament of the United Kingdom
Long title	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.
Citation	13 & 14 Vict. c. 26
Dates
Royal assent	25 June 1850
Commencement	1 June 1850
Status: Partially repealed
Text of statute as originally enacted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, from legislation.gov.uk.

Last updated January 31, 2024

The Piracy Act 1850^[1] (13 & 14 Vict. c. 26), sometimes called the Pirates (Head Money) Repeal Act 1850,^[3] 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.

This Act is retained for the Republic of Ireland by section 2 of, and Part 4 of Schedule 1 to, the Statute 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 This Act was repealed so far as it was part of the law of the Commonwealth or a territory of Australia by section 53^[4] of, and Schedule 2^[5] to, the Crimes Legislation Amendment Act 1992.

The case of The 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

The preamble was repealed by the Statute Law Revision Act 1891.

Section 1

Section 1 repealed the Piratical Ships Act 1825 (6 Geo. 4. c. 49) ("An Act for encouraging the Capture or Destruction of Piratical Ships and Vessels").^[8] It was repealed by the Statute Law Revision Act 1875, because it was spent.^[9]

Sections 2 and 3

Sections 2 and 3 were repealed by the Statute Law Revision Act 1963.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Vessels of War of the East India Company" and "after the said First Day of June" and from "including" to "Company" were repealed by the Statute Law Revision Act 1875.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 for New Zealand by section 14(1) of, and the Schedule to, the Admiralty Act 1973 (No 119).

Section 4

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....^[10]

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.^[11] 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;....^[12]

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. This section was repealed for New Zealand by section 412(1) of, and the Fourth Schedule to, the Crimes 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 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.

Commencement

The act 13 & 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 the Pirates (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 the Statute Law Revision Act 1875, because it was spent.^[9]

Related Research Articles

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier Consolidation Act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

The Piracy Act 1698 was an Act of the Parliament of England passed in the eleventh year of King William III. The main purpose behind the statute was to make some corrections to the Offences at Sea Act 1536.

The Piracy Act 1717, sometimes called the Transportation Act 1717, was an Act of the Parliament of Great Britain that established a regulated, bonded system to transport criminals to colonies in North America for indentured service, as a punishment for those convicted or attainted in Great Britain, excluding Scotland. The Act established a seven-year transportation sentence as a punishment for people convicted of lesser felonies, and a fourteen-year sentence for more serious crimes, in lieu of capital punishment. Completion of the sentence had the effect of a pardon; the punishment for returning before completion was death. It is commonly accepted that 30,000 convicts may have been transported to the British American colonies, with some estimates going as high as 50,000.

The Habeas Corpus Act 1640 was an Act of the Parliament of England.

Statute Law Revision Act is a stock short title which has been used in Antigua, Australia, Barbados, Bermuda, Canada, Ghana, the Republic of Ireland, South Africa and the United Kingdom, for Acts with the purpose of statute law revision. Such Acts normally repealed legislation which was expired, spent, repealed in general terms, virtually repealed, superseded, obsolete or unnecessary. In the United Kingdom, Statute Law (Repeals) Acts are now passed instead. "Statute Law Revision Acts" may collectively refer to enactments with this short title.

The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged with the High Court and abolished in 1972.

The Statute of Frauds Amendment Act 1828, commonly known as Lord Tenterden's Act, was an Act of the Parliament of the United Kingdom. Lord Tenterden served as Lord Chief Justice of the King's Bench between 1818 and 1832. Its purpose was for "rendering a written Memorandum necessary to the Validity of certain Promises and Engagements".

The Criminal Justice Administration Act 1851 is an Act of the Parliament of the United Kingdom.

The Criminal Procedure Act 1853 is an Act of the Parliament of the United Kingdom. It makes provision for the giving of evidence by prisoners otherwise than at their own trial.

The Forgery Act 1837 was an Act of the Parliament of the United Kingdom. It was one of the Acts for the Mitigation of the Criminal Law passed during the session 7 Will. 4 & 1 Vict.

The Perjury Act 1911 is an act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.

The Statute Law Revision Act 1893 is an Act of the Parliament of the United Kingdom. Cotton said this Act is the twenty-second Statute Law Revision Act.

The Statute Law Revision Act 1873 is an Act of the Parliament of the United Kingdom.

The Statute Law Revision Act 1874 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill.

The Statute Law Revision Act 1874 is an Act of the Parliament of the United Kingdom.

The Statute Law Revision Act 1875 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill.

The Statute Law Revision and Civil Procedure Act 1883 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision and Civil Procedure Bill.

The Civil Procedure Acts Repeal Act 1879 is an Act of the Parliament of the United Kingdom. It is a public general Act. The Bill for this Act was the Civil Procedure Acts Repeal Bill.

The Summary Jurisdiction Act 1884 was an Act of the Parliament of the United Kingdom. Courtney Ilbert described this Act as an "expurgatory Act".

The Metropolitan Police (Receiver) Act 1861 or the Metropolitan Police Receiver's Act 1861, sometimes called the Metropolitan Police District Receiver Act, was an Act of the Parliament of the United Kingdom. This Act has, in addition to its other short titles, been given the short title the Metropolitan Police Act 1861, but that short title has also been given to the Act 24 & 25 Vict. c. 51. The Metropolitan Police (Receiver) Act 1861 is one of the Metropolitan Police Acts 1829 to 1895.

References

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: .
The Statutes: Third Revised Edition. HMSO. 1950. Volume 6. Page 3.
The Statutes: Second Revised Edition. HMSO. London. 1894. Volume 8. Pages xviii and 632.
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:
"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 2 The citation of this Act by this short title was authorised by the Short Titles Act 1896.
↑ 13 & 14 Vict. c. 27 (1850)
↑ 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.
↑ AustLII
↑ AustLII
↑ The Magellan Pirates (1853) 1 Spinks Ecc & Ad 81; 22 LT 319; 18(1) Jurist 18. See also The Virago (1852) 16 Jurist 1145, 20 English Reports in Law and Equity 644.
↑ 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.
↑ http://www.legislation.gov.uk/ukpga/Vict/13-14/26/introduction/enacted
1 2 Statute 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.
↑ Piracy Act 1850, section 5.
↑ Administration of Justice Act, 1956.
↑ Piracy Act 1850, section 6.
↑ "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.

External links

The Piracy Act 1850, as amended from the National Archives.
The Piracy Act 1850, as originally enacted from the National Archives.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[st-1] 1 2 The citation of this Act by this short title was authorised by the Short 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 & Ad 81; 22 LT 319; 18(1) Jurist 18. See also The Virago (1852) 16 Jurist 1145, 20 English Reports in Law and Equity 644.

[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] ttp://www.legislation.gov.uk/ukpga/Vict/13-14/26/introduction/enacted

[SLRB1875-9] 1 2 Statute 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.

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]

[11]

[12]

[13]