70
"committed upon land would have amounted to "felony there" (14).
In this case also, however, there had in frot been
a seizure of the ship.
6.
As against these three cases of dubious
authority in the present connexion, there are, besides
R v. Dawson and A.Q. v. Kwok a Sing, oertain other
cases which may usefully be noticed. In the Magellan
Pirates case for instɛnce, mention was made of an
American decision, United States v. Smith (5 Whoat on
153), and an extract from the judgment of Story J.
was given (nee page 90 of the report in the Magellan
Pirates, English Heports Vol. 164, p.52) In that
Judgment Story J..approved of the definition in
R
v. Dowson to the effect that "piraoy is only a sea
term for robbery" and concluded:
"So that whether we advert to the writers on "the Common Law, or the Maritime Law, or the "Law of Nations, we shall find that they "universally treat of piracy as an offeno
"against the Laws of Xations, and that its true "definition b; that law is robbery upon the ses"
In Falmer v. Maylor alao (1854, 10 Exch.3821 where emigrants
had overpowered the crew and seized the vessel and then
steered for the nearest land, not, apparently, for the
purpose of stealing her, but merely to escape, it was, it
80008
14. At com on law assault with intent to rob was a mis-
demeanour only, but by the statute 17 Geo.II o.21 (1.0.
prior to this oasel it was made a felony.
15. As will be seen (infra paragraphs 13-14) Storey's
definition of piracy in international law is too narrow.
No comments yet.
Private notes are available after approval.