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with intent to commit piracy" and the particulars
of the offence corresponded with this statement.
It would thus appear that at the time when these
two indictments were drafted, the draftsman gave
effect to the opinion that the stealing of the ship
constituted an essential element in the crime of
piracy.
Leaving the records of the courts, I now
come to the consideration of the tera piracy as it
has been used in the statutes dealing with piracy
(other than municipal piracy). It was not necessary
for the learned Atto mey General to argue, nor did
he do so, that cruising with a piratical object by
itself rendered a pirate liable to be punished by
international law in national courts. Still less
that the status and reputation of a pirate was such
as to render him amenable to this court. It has
been agreed by the learned Attorney General, in
presenting the view of the crown, that in order to
constitute the crime of piracy for the purpose of
these proceedings, there must have been present not
only a piratical mind, but also a piratical act.
The enquiry necessitated here will seek, in the
language of the statutes, to ascertain the nature
of the requisite act; and for the purpose of the
question of law here under consideration, the issue
has been narrowed down to discussion whether viɔlence
for the purpose of robbery is by itself enough or
whether further a completed robbery is required. This enquiry may be usefully prosecuted by study of statutes passed in England to supplement the
common law relating to piracy. That not every