2.
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Law, to deal with piracy, what need was there to supplement
that jurisdiction by means of Statute? In this connection it
is not without sugnificance that whereas inother directions
the Courts of Common Law challenged the authority of the
Admiral's Court (Volume 1 Halsbury, p 59, paragraphs 86 & 87)
they seem to have put forward no claim to jurisdiction over
pirates.
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 such piracy is derived from the Statute 12 & 13
Vic.C.96, the Admiralty Offences Colonies Act, 1849, and from
no other source.
Section 2 of that Statute reads as follows:-
"If any person within any Colony shall be charged with the
"commission of any treason, piracy, felony, robbery, murder con-
"spiracy of what nature or kind soever committed upon the
"sea or in any haven, river, creek or place where the Admiral
"or Admirals have power authority or jurisdiction, or if any "person charged with the commission of any such offence upon "the sea or in any haven, river, creek or place shall be brought
"to trial in any Colony, then and in every such case all magistrates, Justices of Peace, Fublic Prosecutors, Juries, "Judges Courts, Public 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 "authorised empowered 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 such person for any such "offence wherewith he may be charged as aforesaid, as by the
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