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CHAPTER X.

PIRACY.

ARTICLE 82, 83. “Pirate" defined.

84. Harboring pirates forbidden.
*85. Capture of pirates authorized.
86. Trial and condemnation.
87. Destruction.
88. Captor's reward.
89. Restoration of property.
90. Salvage, &c., not allowed to public vessels.

Pirate" defined.

82. Every person whosoever, who, being an inmate of a private ship,' upon the high seas,' as defined by Article 53, willfully and not in self-defense:

1. Destroys, or seizes by force and appropriates, any other ship, or its lading, or any part of either; or,

2. Kill, wounds, or seizes by force and abducts any inmate whatever of any other ship;

Is deemed a pirate. 1 It is not necessary that the ship should be an armed ship. Goujet et Merger, Dict. du Droit Commercial, 4, p. 178, § 13.

? By the law of the United States and of France, this limitation of place is not essential to the crime. Loi 10 avr, 1825, art. 2. See 2 Goujet et Merger, 4, p. 178.

3 “ The motive may be gratuitous malice, or the purpose may be to “destroy, in private revenge for real or supposed injuries done by per"sons or classes of persons, or by a particular national authority." Dana': Wheaton, 8 124, note 83.

Depredation not amounting to robbery is sometimes said not to amount to piracy. To the contrary, however, see Dana above ; Goujet et Merger, above, SS 9, 11.

The abolition of privateering is provided for in BOOK SECOND of this Code.

The same.

83. Every person whosoever, who, without authority from the owner, and with intent to injure, vex, or annoy any person whomsoever, or any nation whatever :

1. Removes, destroys, disturbs, obstructs, or injures any oceanic telegraphic cable not his own, or any part thereof, or any appurtenance or apparatus therewith connected, or severs any wire thereof; or,

2. Destroys or injures any international railway, canal, lighthouse, or any other structure or work, the perpetual neutrality of which has been declared ;

3. Or who beyond the territory' of any nation reduces to slavery, or holds in slavery, any person whomsoever, or conveys, or receives with intent to convey, any person whomsoever as a slave;

Is deemed a pirate.

The abolition of privateering will render unnecessary any provision for the case of foreigners, who accept privateering commissions or letters of marque from a nation at war with another, and who, when taken by the latter nation, may be punished as pirates, under some treaties. Treaty between the United States and Great Britain, 1794, Art. XXI., 8 U. S. Stat. at L., 127.

· The acts specified in this subdivision, when committed within the territory of any nation, should be left to the local law.

Harboring pirates forbidden.

84. No nation can receive pirates into its territory, or permit any person within the same to receive, protect, conceal or assist them in any manner; but must

Treaty between the United States and Great Britain, 1794, Art. XX., 8 U. 8. Stat. at L., 127.

Capture of pirates authorized. 85. If there be probable cause to suspect that a ship is piratical,' any person whosoever may cause its arrest and search ; and if thereupon the suspicion is justified, may capture the ship : but if the suspicion is not justified, the person and ship causing the arrest must make satisfaction in damages according to the circumstances.

The Mariana Flora, 11 Wheaton's U. 8. Sup. Ct. Rep., 40.
Trial and condemnation.

86. Any piratical ship may be brought into a port of any nation, and the ship, its lading and inmates, may be there condemned by the courts of such nation. Destruction.

87. If they are unable to bring her into port, the captors of a piratical ship may destroy her.

Captor's reward.

88. A ship or its lading condemned for piracy is to be adjudged to belong to its captors, except as respects the property of innocent third persons.

Restoration of property.

89. Property taken by pirates, and brought or found within the territorial limits of a nation, is to be restored' to its innocent owner, saving the rights of holders thereof in good faith and for value, and subject to the payment of such reasonable salvage and expenses, not exceeding one-fourth of its value, as may be adjudged by the courts of such nation. Proceedings for such restoration must be there begun on behalf of such owner, or the nation of which he is a member, within one year from the time of so bringing or finding the property.

1 To this effect are most of the following treaties :
Treaty between the United States and
France

1778, Art. XVI., 8 U. 8. Stat. at L., 22.
Sweden,

1783, « XVII., 8 Id., 70.
Great Britain, 1794. - XX., 8 Id., 127.
Central America,' 1825, " IX., 8 Id., 326.
Mexico,

1931, " XI., 8 Id., 414.
Chili,

1832, " VII., 8 Id., 435. Colombia, 1824, " VII., 8 Id., 308. Treaty between France and

New Grenada, 15 May, 1856, Art. XVII., 7 De Clercq, 102.
Honduras, 22 Feb. 1856,

7 Id., 10.
Nicaragua, 11 Apr. 1859, " XIV., 7 Id., 586.

San Salvador, 2 Jan. 1858, u XVI., 7 Id., 362. ? Treaty between the United States and Mexico, 1831, Art. XI., 8 U. 8. Stat. at L., 414.

Upon payment of one-third of their value, Valin, Commentaire sur L'Ord, liv. 3, tit. 9, art. 10 ; one-eighth, 6 Geo. IV., ch. 49, S III. ; 13 & 14 Vict., ch. 26, S V.

3 Within a year and a day after being reported at the Admiralty, Valin, above.

Salvage, &c., not allowed to public ships.

90. If property taken by pirates is brought in or found by a public ship of war, the deductions for salvage and expenses, allowed by the last article, are not to be made.

Treaty between the United States and Sweden, 1783, Art. XVII., 8 U. S. Stat. at L., 70. Approved by Hautefeuille, Des Nations Neutres, 4, p. 427.

TITLE I I I.

INTERCOURSE OF NATIONS.

CHAPTER XI. General Provisions.

XII, Public Ministers.
XIII. Consuls.
XIV. Commissioners.

CHAPTER XI.

GENERAL PROVISIONS.

ARTICLE 91. Intercourse, by what agents conducted.

92. Minister's or consul's nation, and consul's or commissioner's

residence defined. 93. Nations forbidden to entertain unofficial negotiations. 94. Public agents forbidden to make unofficial negotiations or

communications. 95. Falsely assuming diplomatic powers, &c. 96. Right of legation, &c. 97. Obligation to receive public agents. 98. A nation may refuse to receive its own members. 99. Personal objections. 100. Rank or status. 101. Conditions may be imposed. 102. Conditional reception. 103. Inconsistent pretensions. 104. Several missions. 105. List of family, official and personal, to be furnished. 106. Secretary in case of absence, &c., of chief. 107. Insignia of office, and flag. 108. Exemption from liability for official acts. 109. Emergencies. 110. Duty to enforce exemption. 111. Interference with a dispatch to or from a public agent.

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