him from fighting in defence of his ship and goods committed to his trust; or

Confines his master, or makes or endeavours to make a revolt in the ship ['even if the object of such revolt is to redress real grievances].

ARTICLE 110.

TRADING WITH PIRATES AND CONSPIRING WITH THEM.

2 Every one is deemed to be a pirate who in any wise trades with any pirate by truck, barter, exchange, or in any other manner, or furnishes any pirate, felon, or robber upon the seas with any ammunition, provision, or stores of any kind; or

Fits out any ship or vessel knowingly and with a design to trade with, or supply, or correspond with any pirate, felon, or robber on the seas; or

In any way consults, combines, confederates, or corresponds with any pirate, felon, or robber on the seas knowing him to be guilty of any such piracy, felony, or robbery.

ARTICLE 111.

PUNISHMENT FOR STATUTORY PIRACIES.

3 Every one who commits any of the offences defined in Articles 106-110, both inclusive, is liable upon conviction of such act to penal servitude for life as a maximum punishment, the maximum period of imprisonment being three years.

ARTICLE 112.

NOT FIGHTING PIRATES.

4Every one commits a misdemeanor, and must, on conviction thereof, be imprisoned for six months, who being a

The words bracketed give the effect of R. v. Hastings, 1 Moody, 82; R. v. M'Grégor, 1 C. & K. 429. As to "confines," see R. v. Jones, 11 Cox, C. C. 393. 28 Geo. 1, c. 24, s. 1 (first part).

7 Will. 4 & 1 Vict. c. 88, s. 3, S.

48 Geo. 1, c. 24, s. 6. Draft Code, s. 110.

commander, master, or any officer or seaman, or mariner of any merchant ship which carries guns and arms, does not when attacked by any pirate, or by any ship on which any pirate is on board, fight and endeavour to defend himself and his vessel from being taken by such pirate, or who utters any words to discourage the other mariners from defending the ship, so that the ship falls into the hands of such pirate.

ARTICLE 113.

SLAVE-TRADING DEFINED.

1 Each of the following acts and every contract to do any one of them is an act of slave-trading:

(a.) To deal or trade in, purchase, sell, barter, or transfer slaves or persons intended to be dealt with as slaves.

(b.) To carry away or remove slaves or other persons as or in order to their being dealt with as slaves.

(c.) To import or bring into any place whatsoever slaves or other persons as or in order to their being dealt with as slaves.

(d.) To ship, tranship, embark, receive, detain, or confine on board any vessel slaves or other persons

2

For the purpose of their being carried away or removed as or in order to their being dealt with as slaves; or

For the purpose of their being imported into any place whatever as or in order to their being dealt with as slaves.

(e.) To fit out, man, navigate, equip, dispatch, use, employ, let, or take to freight, or on hire, any vessel, in order to do any act of slave-trading before mentioned.

(f.) To lend or advance, or become security for the loan or advance of money, goods or effects, employed or to be employed in any act of slave-trading before mentioned.

(g.) To become guarantee or security for agents employed, or to be employed in any act of slave-trading before mentioned.

15 Geo. 4, c. 113, s. 2. The language of this Act is very elaborate, and I have not noticed every deviation from it. I believe that this and the next Article give its effect quite correctly, though in a very different shape. For the history of these Acts, see 3 Hist Cr. Law, 255–6.

2 "Ship, vessel, or boat."

(h.) To engage in any other manner in any act of slavetrading before mentioned, directly or indirectly, as a partner, agent, or otherwise.

(2.) To ship, tranship, lade, receive, or put on board of any vessel money, goods, or effects, to be employed in any act of slave-trading before mentioned.

1

(j.) To take the charge or command, or to navigate, or enter and embark on board any vessel in 2any capacity, knowing that such 1vessel is employed in any act of slavetrading before mentioned, or is intended to be so employed upon the voyage or upon the occasion in which the embarkation takes place.

(k.) To insure slaves or property employed or intended to be employed in slave-trading.

ARTICLE 114.

PIRATICAL SLAVE-TRADING.

4

3 Every subject of Her Majesty, and every person resident or being in any of Her Majesty's dominions commits piracy, felony, and robbery, and is liable, upon conviction thereof, to penal servitude for life as a maximum punishment, who upon the high seas, or in any place where the admiral has jurisdiction, knowingly and wilfully does or assists in doing any of the following things, that is to say:—

(a.) Who carries away, conveys, or removes any person As a slave; or

For the purpose of his being imported or brought as a slave into any place whatsoever; or

5

For the purpose of his being used, transferred, sold, or dealt with as a slave; or

(b.) Who ships, embarks, receives, detains, or confines any

1 "Ship, vessel, or boat."

2 "As captain, master, mate, petty officer, surgeon, supercargo, seaman, marine, or servant, or in any other capacity."

35 Geo. 4, c. 113, s. (redrawn). The punishment in the text is substituted for the punishment of death by 1 Vict. c. 81, s. 1, and the penal servitude Acts.

"Dominions, ports, settlements, factories, or territories now or hereafter belonging to Her Majesty, or being in Her Majesty's occupation or possession." "Island, colony, country, territory, or place."

person on board any vessel for the purpose of his being carried away, conveyed, or removed as a slave; or

For the purpose of his being imported or brought as a slave into any place whatsoever; or

For the purpose of his being sold, transferred, used, or dealt with as a slave.

ARTICLE 115.

PUNISHMENT OF SLAVE-TRADING.

2 Every one [owing allegiance to Her Majesty] commits felony, and is liable upon conviction thereof to be kept in penal servitude for a maximum term of fourteen years, or to be imprisoned with hard labour for a maximum term of five years who [3 in any part of the world] does any of the acts of slave-trading specified in Article 113, clauses (a.), (b.), (c.), (d.), (e.); or

Knowingly and wilfully does any of the acts of slavetrading specified in Article 113, clauses (f.), (g.), (h.), (i.), or (k.).

ARTICLE 116.

SERVING ON A SLAVE-SHIP, FELONY.

Every one commits the same offence, and is liable to the same punishment as is specified in the last Article, who takes charge or command, or navigates, or embarks on board any vessel as captain, master, mate, surgeon, or supercargo, or contracts to do so, knowing that such vessel is actually employed, or is on that voyage or occasion intended to be employed in any act of slave-trading.

"Island, colony, country, territory, or place."

25 Geo. 4, c. 113, s. 10 (redrawn).

3 These words are inserted to give the effect of R. v. Zulueta, 1 C. & K. 215, 226-7. See, however, Santos v. Illidge, 8 C. B. (N.S.) 861, in which the Court of Exchequer Chamber was equally divided upon a very similar, though not identical point.

45 Gen. 4, c. 113, s. 10.

ARTICLE 117.

SERVING ON A SLAVE-SHIP, MISDEMEANOR.

Every one commits a misdemeanor, and is liable upon conviction, to a maximum punishment of two years imprisonment, who with the knowledge mentioned in the last Article, does any of the things mentioned in that Article, as petty officer, seaman, marine, or servant, or in any other capacity not specifically mentioned therein.

ARTICLE 117A.

KIDNAPPING PACIFIC ISLANDERS.

2 Every one commits felony and is liable upon conviction thereof to the highest punishment other than capital punishment, or to any less punishment awarded to any felony by the law of the colony in which he is tried, who

(i.) Decoys a native of any of the islands in the Pacific Ocean, not being in Her Majesty's dominions nor within the jurisdiction of any civilised power, for the purpose of importing or removing such native into any island or place other than that in which he was at the time of the commission of such offence; or carries away, confines, or detains any such native for the purpose aforesaid without his consent, proof of which consent lies on the party accused:

(ii.) Ships, embarks, receives, detains, or confines, or assists in shipping, embarking, receiving, detaining, or confining,

15 Geo. 4, c. 113 s. 11.

235 & 36 Vict. c. 19, ss. 9 and 10, and see preamble, for a definition of Pacific Islanders. Sect. 9 provides that offenders may be tried and punished for such felony in any supreme Court of Justice in any of the "Australian colonies," i.e. (see s. 2) New South Wales, New Zealand, Queensland, South Australia, Tasmania, Victoria, and Western Australia. To these Fiji was added by 38 & 39 Vict. c. 51, which also empowered Her Majesty to erect a court at Fiji for the trial of offences committed in the Pacific Ocean, or the islands thereof. The Acts do not seem to contemplate the trial in England of such offences. There are however no words to exclude the jurisdiction of the English Courts, though the provisions as to punishment depend upon the laws of the colonies. It may be that if such an offence were tried in England, 7 & 8 Geo. 4, c. 28, ss. 8 and 9, would apply (see Article 18, supra). See as to this subject, 2 Hist. Cr. Law, p. 58-9.