[delivered to or to the order of such foreign state, or any person who to the knowledge of the person building is an agent of such foreign state, or is paid for by such foreign state or such agent, and is employed in the military or naval service of such foreign state, such ship must, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign state lies on the builder of such ship.]

CHAPTER XI.

OFFENCES AGAINST PERSONS ON THE HIGH SEAS-PIRACYSLAVE-TRADING.

2

1 ARTICLE 133.

PIRACY.

[PIRACY by the law of nations is

Taking a ship on the high seas or within the jurisdiction of the Lord High Admiral from the possession or control of those who are lawfully entitled to it, and carrying away the ship itself, or any of its goods, tackle, apparel, or furniture, under circumstances which would have amounted to robbery if the act had been done within the body of an English county.

Whoever commits piracy, by the law of nations is liable to the same punishment as if the act constituting piracy

1S. D. Art. 104.

2 [The definition is founded on one given by Sir Charles Hedges in R. v. Dawson, 13 St. Tr. 454, and recognized by the Judicial Committee of the Privy Council in A. G. of Hong Kong v. Kwok-a-sing, L. R. 5 P. C. 179, 199; see, too, 7th Rep. C. L. C. p. 70. As to the punishment, the text gives what I suppose is the result of 28 Hen. 8, c. 15, ss. 2 & 3; 39 Geo. 3, c. 37, s. 1; 1 Geo. 4, c. 90, s. 1; 7 & 8 Geo. 4, c. 28, s. 12. The doubt expressed at the end of the Article is founded on the absence of any express authority for the affirmative of the proposition, and on the absurdity of the negative. If a Queen's ship were to fall in with an armed vessel belonging to no state, and obviously cruising for piratical purposes, would the commanding officer hesitate to seize that vessel because it had not actually taken a prize? It seems equally difficult to suppose that the vessel would be permitted to escape, or that it could lawfully be arrested if the crew were not pirates. The language of several of the statutes given in Articles 137, 138, and 139, seems to imply that a pirate is the name of a known class of persons, like a soldier or sailor, and that a man may be a pirate though he has never actually robbed, as he may be a soldier though he has not actually fought. By 13 & 14 Vict. c. 26 the Admiralty Courts are empowered when any of Her Majesty's ships attack or are engaged with any persons alleged to be pirates afloat or ashore, to "take cognizance of and determine whether the persons or any "of them so attacked or engaged were pirates." The object of the Act was to determine the amount of certain rewards to be paid to the captors; no definition of pirates is given. See 2 Hist. Cr. Law, pp. 27-28, and Draft Code, s. 105.]

had been committed within the] jurisdiction of the Court before which the offender is brought for trial.1

[It is doubtful whether persons cruising in armed vessels, with intent to commit piracies, are pirates or not.

2 ARTICLE 134.

PIRACY WITH VIOLENCE.

3 Every one commits felony and must upon conviction thereof be sentenced to death who, with intent to commit or at the time of or immediately before or immediately after committing the crime of piracy in respect of any ship or vessel, assaults with intent to murder any person on board of or belonging to such ship or vessel, or stabs, cuts, or wounds any such person, or unlawfully does any act by which the life of such person may be endangered.

5

4 ARTICLE 135.

COMMITTING ACTS OF HOSTILITY UNDER FOREIGN

COMMISSION.

Every one is deemed to be a pirate who, being a natural-born subject of Her Majesty, or denizen of this kingdom, commits any piracy, robbery, or act of hostility against others, Her Majesty's subjects, on the sea, under color of any commission from any foreign prince or state, or pretence of authority from any person whatever.

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6 ARTICLE 136.

ADHERING ON THE SEA TO THE QUEEN'S ENEMIES.

Every one is deemed to be a pirate who, being a

1 R. S. C. c. 174, s. 8; 12 & 13 Vict. c. 96, ss. 1, 2.

2 S. D. Art. 105.

3 [7 Will. 4 & 1 Vict. c. 88, s. 2; Draft Code, s. 106;] 12 & 13 Vict. c. 96, ss. 1 & 2.

4 S. D. Art. 106.

[11 & 12 Will. 3, c. 7, s. 8. For this and the four following Articles, see Draft Code, ss.

107-109.]

S. D. Art. 107.

7 [18 Geo. 2, c. 30.]

[natural-born subject or denizen of Her Majesty, during any war commits any hostility against Her Majesty's subjects upon the sea, or in any haven, river, creek or place where the admiral has power or jurisdiction, by virtue or under color of any commission from any of Her Majesty's enemies, or is in any way adherent, or gives aid or comfort, to Her Majesty's enemies upon the sea or in any other such place as aforesaid.

2

1 ARTICLE 137.

BOARDING SHIPS AND THROWING CARGO OVERBOARD.

Every one is deemed to be a pirate who, belonging to any ship or vessel whatever, upon meeting any merchant. ship or vessel on the high seas, or in any port, haven, or creek, forcibly boards and enters into such ship or vessel, and though he does not seize or carry off such ship or vessel, throws overboard or destroys any part of the goods or merchandises belonging to such ship or vessel.

4

3 ARTICLE 138.

MASTERS AND SEAMEN FAVORING PIRATES.

Every one is deemed to be a pirate who, being the commander or master of any ship, or a seaman or mariner in any place where the admiral has jurisdiction, betrays his trust, and turns pirate, enemy, or rebel, and piratically and feloniously runs away with his ship, or any barge, boat, ordnance, ammunition, goods, or merchandise; or yields them up voluntarily to any pirate; or

brings any seducing message from any pirate, enemy, or rebel; or

1 S. D. Art. 108.

2 [8 Geo. 1, c. 24, s. 1 (last part).]

3 S. D. Art. 109.

[11 Will. 3, c. 7, s. 8. Section 9 enacts in substance that accessories to piracy shall be punished as pirates.]

[consults, combines, or confederates with or attempts to corrupt any commander, master, officer, or mariner to yield up or run away with any ship, goods or merchandise, or turn pirate or go over to pirates; or

lays violent hands on his commander whereby to hinder him from fighting in defence of his ship and goods committed to his trust; or

confines his master, or makes or endeavors to make a revolt in the ship ('even if the object of such revolt is to redress real grievances).

2 ARTICLE 139.

TRADING WITH PIRATES AND CONSPIRING WITH THEM.

3

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.]

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4 ARTICLE 140.

PUNISHMENT FOR STATUTORY PIRACIES.

Every one who commits any of the offences defined in

1 [The words in parentheses give the effect of R. v. Hastings, 1 Moody, 82; R. v. M'Gregor, 1 C. & K. 429. As to "confines," see R. v. Jones, 11 Cox, C. C. 393.]

2 S. D. Art. 110.

3 [8 Geo. 1, c. 24, s. 1 (first part).]

4 S. D. Art. 111.

5 By 7 Wm. 4 & 1 Vict. c. 88, s. 3, the offender was liable to be transported for life or for any term not less than fifteen years, or to be imprisoned for a term not exceeding three years. By 12 & 13 Vict. c. 96, s. 2, the offender, if tried in a colony, was liable to the