Jurisdiction in Marginal Seas: With Special Reference to Smuggling

By William E. Masterson | Go to book overview

CHAPTER I
LEGISLATION

§ 34. Scotland

Article eighteen of the Treaty of Union between England and Scotland provided that the laws of the customs and excise should be the same in both countries, so that the legislation for England after the union in 1707 applied to Scotland.3


§ 35. Ireland

Legislation for Ireland by the English Parliament was passed as early as 1719. By the Act of 6 Geo. I, c. XXI, jurisdiction was taken over the hovering vessel for two leagues from the coast.4 Generally speaking, the various acts of Parliament passed during the eighteenth and the nineteenth centuries applied to Ireland, unless they provided otherwise.


§ 36. The British Possessions in America

By the Act of 4 Geo. III, c. XV, section XXXIII ( 1764),5 any vessel, British or foreign, hovering within two leagues of the coasts of any British colony or terri-

____________________
3
Green, Encyclopedia of Scots Law (2d ed., 1910), vol. 4, p. 176. Article 19 of the treaty provided that a new Court of Exchequer should be established in Scotland with the same authority in revenue cases as the Court of Exchequer in England. This new court was established by the Act of 6 Anne, c. 26. The Exchequer was abolished in 1856 as a separate court by the Court of Exchequer Act 19 and 20 Vict., c. 56, and its jurisdiction and functions were transferred to the Court of Session.--Ibid., vol. 5, p. 239.
4
See p. 14, supra.
5
See p. 38, supra.

-164-

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