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commission or engagement in the military or naval service of any foreign state at war with a friendly state;

Every ship referred to in Article 100 (d.) is to be detained until the trial and conviction or acquittal of the master or owner, and until all penalties inflicted on the master or owner have been paid, or the master or owner has given security for the payment of such penalties to the satisfaction of two justices of the peace, or other magistrate or magistrates having the authority of two justices of the peace; and

All illegally enlisted persons must, immediately on the discovery of the offence, be taken on shore, and must not be allowed to return to the ship.

ARTICLE 102.

INCREASING FORCE OF SHIPS FOR FOREIGN BELLIGERENTS, AND PROCURING ENLISTMENT BY MISREPRESENTATION.

Every person is guilty of a misdemeanor, and is liable upon conviction thereof to the punishment specified in the last Article, who

(a.) 1 Within the dominions of Her Majesty, and without such licence as is mentioned in Article 100, by adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting, the warlike force of any ship which at the time of her being within the dominions of Her Majesty was a ship in the military or naval service of any foreign state at war with any friendly state; or

(b) 2 Who induces any other person to quit Her Majesty's dominions, or to embark on any ship within Her Majesty's dominions, under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may aacept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state.

133 & 34 Vict. c. 90, s. 10.

2 Sect. 6.

ARTICLE 103.

PRESUMPTION OF KNOWLEDGE OF PURPOSE FOR WHICH SHIP

IS BUILT.

1 Where any ship is built by order of or on behalf of any foreign state when at war with a friendly state, or is 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.

133 & 34 Vict. c. 90, s. 9.

CHAPTER X.

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

ARTICLE 104.

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 (it seems) to the same punishment as if the act constituting

1 The definition is founded on one given by Sir Charles Hedges, in R. v. Dawson, 13 St. Tr. 454, and recognised 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 108, 109, and 110, 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.

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.

1

ARTICLE 105.

PIRACY WITH VIOLENCE.

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 106.

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.

4

ARTICLE 107.

ADHERING ON THE SEA TO THE QUEEN'S ENEMIES.

Every one is deemed to be a pirate who, being a naturalborn subject or denizen of Her Majesty, during any war commits any hostility against Her Majesty's subjects upon

1 7 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.

11 & 12 Will. 3, c. 7, s. 7. For this and the four following Articles, see Draft Code, ss. 107-109.

18 Geo. 2, c. 30.

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 108.

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 109.

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

Lays violent hands on his commander whereby to hinder

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

2 11 & 12 Will. 3, c. 7, s. 8. Section 9 enacts in substance that accessories to piracy shall be punished as pirates.

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