101
Law, to deal with piracy, what need was there to supplement that jurisdiction by means of Statute? In this connection
itis not without significance that whereas in other directions the Courts of Common Law challenged the
autnority of the Admiral's Court (Volume 1 Balscury, p.59, paragraphe 86 & 87) they seem to have put forward no claim
to jurisdiction over piraten.
it would thus appear that the jurisdiction of the
English Courts over piracy jure gentium is based not on
international law but on Statute; and if this contention is correct it follows inevitably that the jurisdiction of this Court in respect of suen piracy is derived from the statute 12 a là Vic.0.96, the admiralty offences Colonies
Act, 1849, and from no other souros.
Section 2 of that statute reads as follows:-
"If any person witain any Colony shall be charged with the commission of any treason, piracy, felony, robbery, murder conspiracy of what nature or kind soever committed upon the sea or in any haven, river, creek or place mere tue admiral or admirals have power authority or jurisdiction,
or if any person charged with the commission of any such offence won the sea or in any haven, river, creek or place
snall be brought to trial in any colony, then and in every
such case all magistrates, Justices of rsace, rublic
Prosecutors, Juries, Judges Courts, rublic officers and
other persons in such Colony shall have and exercise the
same jurisdiction and authorities for inquiring of, trying hearing, determining and adjudging such offences, and they are hereby respectively authorisei expowered and required to institute and carry on all such proceedings for the bringing of such person so charged as aforesaid to trial,
and for and auxiliary to and consequent upon the trial of
any