ÆäÀÌÁö À̹ÌÁö
PDF
ePub

CHAPTER X

OFFENCES AGAINST PERSONS ON THE HIGH SEASPIRACY-SLAVE-TRADING

ARTICLE 108.

PIRACY.

1 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

1 The definition is founded on one given by Sir Charles Hedges, in R. v. Dawson, 1696, 13 St. Tr. 454, and recognised by the Judicial Committee of the Privy Council in A. G. of Hong Kong v. Kwok-a-sing, 1873, 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 112, 113, and 114, 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. 27-8, and Draft Code, s. 105.

(it seems) to the same punishment as if the act constituting piracy had been committed within the body of an English county.

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

ARTICLE 109.

PIRACY WITH VIOLENCE.

1 Every one commits felony and must upon conviction thereof be sentenced to 2 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.

ARTICLE 110.

COMMITTING ACTS OF HOSTILITY UNDER FOREIGN COMMISSION.

3 Every one is deemed to be a pirate who, being a naturalborn 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 colour of any commission from any foreign prince or state, or pretence of authority from any person whatever.

ARTICLE 111.

ADHERING ON THE SEA TO THE QUEEN'S ENEMIES.

4 Every one is deemed to be a pirate who, being a naturalborn subject or denizen of Her Majesty, during any war

17 Will. 4 & 1 Vict. c. 88, s. 2. Draft Code, s. 106.

2 The Act 31 Vict. c. 24, as to executions taking place within the walls of a prison, does not apply to this offence; see ss. 2 and 16.

3 11 & 12 Will. 3, c. 7, s. 7. For this and the four following Articles,

see Draft Code, ss. 107-109.

4 18 Geo. 2, c. 30.

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 colour of any commission from any of Her Majesty's enemies, or is any way adherent or gives aid or comfort to Her Majesty's enemies upon the sea or in any other such place as aforesaid.

ARTICLE 112.

BOARDING SHIPS AND THROWING CARGO OVERBOARD.

1 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.

ARTICLE 113.

MASTERS AND SEAMEN FAVOURING PIRATES.

2 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

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

18 Geo. 1, c. 24, s. 1 (last part).

211 & 12 Will. 3, c. 7, s. 8. Section 9 enacts in substance that accessories to piracy shall be punished as pirates.

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 endeavours to make a revolt in the ship [1 even if the object of such revolt is to redress real grievances].

ARTICLE 114.

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 115.

PUNISHMENT FOR STATUTORY PIRACIES.

3 Every one who commits any of the offences defined in Articles 110-114, both inclusive, is liable upon conviction of such act to penal servitude for life.

ARTICLE 116.

NOT FIGHTING PIRATES.

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

As to " confines," see R. v.

1 The words bracketed give the effect of R. v. Hastings, 1825, 1 Moody, 82; R. v. M'Gregor, 1844, 1 C. & K. 429. Jones, 1870, 11 Cox, C. C. 393.

2 8 Geo. 1, c. 24, s. 1 (first part).

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

4 8 Geo. 1, c. 24, s. 6. Draft Code, s. 110.

G

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 117.

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 2 vessel slaves or other persons—

any 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, despatch, use, employ, let, or take to freight, or on hire, any 2 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,

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 the Acts, see 3 Hist. Cr. Law, 255-6.

2 "Ship, vessel, or boat.'

« ÀÌÀü°è¼Ó »