with intent to cost piracy" and the particulars of tue offence corresponded with this statement. it would thus appear that at the time when there two indictments were drafted, the draftæman gave effect to tas opinion that the stealing of the ship constituted an essential element in the erome of

piracy.

95

Leaving the records of the courts, i now

come to the consideration of the tare piracy as it hee bean used in the statutes dealing with piracy (other than municipal piracy). It was not necessary for the learned Attorney General to argue, nor did that cruising with a piratical pbject, by itself rendered a pirate liable to be punished by international law in national courts. Atill less

that the status and reputation of a pirate was such

as to render his 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 iratica) mind, but also a piratical not. 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 nere under consideration, the issue has been narrowed down to discussion whether violence 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

piratical

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