"
35
-2-
If this be so, it seems to me that what really happen ed
in the case under cons ideration is that, not for the first
time, an indictment was laid under the wrong Act, and that if
the persons had been indicted under the Statute to which I
have referred all would have been well.
Everybody, I think, feels that it is only possible to
promote legislation if there is a real gap in the existing law,
but if my theory is correct, I venture to doubt whether such
a gap ex is ts. It is clear that in any legislation which might
be produced it would be necessary to specify some overt act
on the part of the accused which would form the offence, and at
the moment I am far from clear how such an act could well be
described in any more general terms than those used in the
section I have quoted. The only circumstance which is not
covered is where the "pirates" have perhaps come alongside a
vessel and are repulsed before they have assaulted any of the
crew of the ship or done anything which might end anger the life
of such person. I should have thought such an occurrence would
be rare.
I should be very glad if you would kindly turn this matter
over in your mind and let me know whether you think that it is
worth while drawing official attention to this section and
P.T.O.