All the other parts of the high sea are indisputably within the jurisdiction of the admiralty.

In and on board, &c.] This must be proved as laid. If the name be unknown, it must be stated so in the indictment. See ante, p. 10, 11.

In the peace of our Lord the King.] Some evidence must be given of this; for if the persons robbed be subjects of a state at enmity with this country, although it may perhaps be piracy, yet it is not cognizable, as such, in any court of admiralty within this realm. 4 Inst. 154. 2 R. 3, 2.

In bodily fear, &c.] This must be proved, in the same manner as in robbery. 1 Sir L. Jenk. xciv.

And the said ship, &c.] The things stolen are proved in the same manner as in ordinary cases of larceny. The value is immaterial, as in robbery upon land. Molloy, 64. s. 18. It is said, that if one or more of the crew or passengers in a vessel be taken for the purpose of being sold for slaves, it is piracy. Id. 63. s 16.

Of the goods and chattels of, &c.] These must be stated to be the goods of a subject or subjects of this realm, or of some state in amity with it; and the allegation must be proved as laid. Vide supra.

Piratically, feloniously, and violently.] The goods must be proved to have been taken animo furandi, as in other cases of larceny. Molloy, 71. s. 33. See ante, p. 119. And they must be proved to have been either taken with force and violence, or delivered to the pirates under the impression of that degree of fear and apprehension which is necessary to constitute robbery upon land. See ante, p. 144-146.

The taking, to be piracy, must be without authority from any prince or state. If a party making a caption at sea, do so by the authority of any prince or state, it cannot be considered piracy for a nation never can be deemed pirates; fixed domain, public revenue, and a certain form of government, exempt a people from that character. Even a capture by authority of the states of Algiers, Tunis, or Tripoli, cannot be treated as piracy. 2 Sir L. Jenk. 790. Grot. 2. c. 18. s. 2. Also, at common law, if a subject of this realm committed acts of hostility against another subject, under the authority of a commission from a foreign prince, it was not piracy; 2 Sir L. Jenk. 754; but the law has since been altered in this respect, by 11 & 12 W. 3. c. 7. and 18 G. 2. c. 30. s. 1.

If the subjects of the same state commit robbery upon each

other, upon the high sea, it is piracy. If the subjects of dif ferent states commit robbery upon each other, upon the high sea,-if their respective states be in amity, it is piracy; if at enmity, it is not; for it is a general rule, that enemies never can commit piracy on each other, their depredations being deemed mere acts of hostility. 1 Sir L. Jenk. 94. 4 Inst.

154.

But if a commissioned ship, by mistake, capture a vessel belonging to the subjects of a friendly power, imagining it to belong to an enemy, and bring it without damage into port for condemnation, this is not piracy. See 1 Sir L. Jenk.

xciv.

Steal, take, and carry away.] This is proved in the same manner as in robbery. Molloy, 64. s. 18. If persons at sea force the captain of a vessel to sell part of his cargo for less than its value, it is piracy. 3 T. R. 783. See 28 H. 8. c. 15. s. 4. But if a pirate attack a vessel, and before he obtains possession of her, the captain, in order to redeem her, give an oath to pay a sum certain, this is no piracy, for there was no taking. Molloy, 64. s. 18. But if there be an actual taking, it is piracy, although the pirate afterwards allow the party to proceed on his voyage. 1 Sir L. Jenk. xcviii.

Indictment for stealing from a wreck.

Herefordshire, being the next adjoining shire within England (where the King's writ runneth) to the county of Glamorgan, in Wales, to wit

The jurors for our Lord the King, upon their oath, present, that on the third day of May, in the third year of the reign of our sovereign lord George the fourth, a certain ship called the Catherine, the property of certain persons to the jurors aforesaid unknown, was stranded in his said Majesty's dominions, to wit, at the parish of l'yle and Kenfigg in the county of Glamorgan; and that J. S., late of the parish aforesaid in the county aforesaid, labourer, then and there, with force and arms, twenty pounds weight of cotton of the value of twenty shillings, the goods, chattels, merchandize, and effects of certain persons to the jurors aforesaid unknown, from the said ship so stranded as aforesaid, then and there feloniously did plunder, steal, take away, and destroy: against the form of the statute in such case made and provided, and against the peace of our lord the King, his crown and dignity. You may add a second count, stating that, on the day and year aforesaid, in the parish aforesaid, in the county last aforesaid, a certain other ship called the Catherine, the property of, &c. was in distress, within his said Majesty's dominons, to wit at, &c., and then state the larceny of the cotton from the " said ship so being in distress as aforesaid." You may add a third count,

stating the ship to have been " wrecked." And you may add a fourth count, stating the ship to have been "cast on shore." The venue may be laid either in the county in which the offence was committed, or in the next adjoining county; or if committed in Wales, it may be laid in the next adjoining English county. 26 G. 2. c. 19. s. 8.

Felony, death. 26 G. 2. c. 19. s. 1. However, if the goods stolen be of small value, and taken without circumstances of cruelty, outrage, or violence, the prosecutor may indict the offender as for petit larceny. Id. s. 2.

Evidence.

Prove the offence, in the same manner as a larceny; see ante, p. 114-127; and prove the goods to have been taken from the vessel named in the indictment, whilst stranded, or in distress, or wrecked, or cast ashore, according as it is alleged. It is immaterial whether any living creature be on board the, vessel or not, at the time of the offence committed. 26 G. 2. c. 19, s. 1. The value of the goods also is immaterial.

Indictment for a misdemeanor in receiving stolen goods.

Commencement as ante, p. 113.] One silver tankard of the value of six pounds, of the goods and chattels of one J. N., by a certain ill disposed person to the jurors aforesaid unknown, then lately before feloniously stolen, taken, and carried away, of the said ill disposed person, unlawfully and unjustly did receive and have (he the said J. S. then and there well knowing the said goods and chattels to have been feloniously stolen, taken, and carried away) to the great damage of the said J. N., against the form of the statute in such case made and provided, and against the peace of our Lord the King, his crown and dignity. It is not necessary to uver that the principal has not been convicted. R. v. Baxter, 5 T. R. 83. The venue may be laid in the county in which the defendant shall "receive or have" the goods, although the goods were stolen in another part of the united kingdom. 44 G. 3. c. 92. s. 8.

Fine, imprisonment, or whipping. 22 G.3. c. 58. s. 1. Buying or receiving goods stolen from a ship or vessel on the river Thames, knowing the same to be stolen, is punishable with transportation for fourteen years. 2 G. 2. c. 28. s. 12. Buying or receiving jewels, gold or silver plate, or watches, knowing the same to have been stolen, is felony, and punishable with transportation for fourteen years. 10 G. 3. c. 48. Buying or receiving lead, iron, copper, brass, bell metal, or solder, knowing the same to be stolen or unlawfully come by, is punishable with transportation for fourteen years. 29 G 2. c. 30. s. 1.

Buying or receiving pewter, knowing the same to be stolen or unlawfully come by, punishable with transportation for seven years, or imprisonment and whipping. 21 G. 3. c. 69.

Evidence.

Prove a larceny of the goods mentioned in the indictment, as directed ante,p. 114-127. Prove it to have been committed by some person unknown; or, if known, his name must be stated in the indictment, see ante, p. 11, and he is a competent witness to prove the larceny, and indeed the whole case. R. v. Haslam, I Leach, 418. But it is competent to the defendant to disprove the guilt of the principal. Fost. 365. It may be necessary to add, that the stat. 22 G. 3. c. 58. s. 1, upon which the above indictment is framed, does not extend to money, R. v. Guy, 1 Leach, 241, or bank notes. R. v. Sadi, et al. Leach, 468.

Having proved the larceny, you must prove the goods stolen, to have been received or bought by the defendant, the words in the statute being "receive or buy." See 2 East, P. C. 765. Proof that the goods were found in his possession, is good presumptive evidence of this fact; or it may be proved by the principal felon. If, however, it be proved, that the defendant not only received the articles, but also assisted in stealing them, he must, it seems, be acquitted; for the misdemeanor is merged in the felony. 2 East, P. C. 767. 768.

See

And lastly, it must be proved, that the defendant, at the time he received or bought the goods, knew them to be stolen. This is proved, either directly, by the evidence of the principal felon, or circumstantially, by proving that the defendant bought them very much under the value, 1 Hale, 619, or denied their being in his possession, or the like,

Indictment against the principal and receiver jointly.

After the conclusion of the indictment against the principal, continue it in the same paragraph, thus:] And the jurors aforesaid, upon their oath aforesaid, do further present, that J. S., late of the parish aforesaid, in the county aforesaid, labourer, afterwards, to wit, on the fourth day of May, in the year last aforesaid,* at the parish aforesaid, in the county aforesaid, the goods and chattels aforesaid, so as aforesaid feloniously stolen, taken, and carried away, feloniously did receive and have, he the said J. S., then and there well knowing the said goods and chattels last aforesaid, to have been feloniously stolen, taken, and carried away: against the form of the statute in such case made and provided, and against the peace of our Lord the King, his crown and dignity.

Receivers are made accessaries after the fact to the larceny, by stat. 3 W. & M. c. 9. s. 4., and 5 Ann, e. 31. s. 5; and are punishable with transportation for fourteen years, if indicted thus as artèssaries. 4 G. 1. c. 11. s. 1.

Evidence.

Prove the larceny, as directed, ante, p. 114-127; and prove the offence against the receiver, as directed under the last precedent. If the principal be found guilty of petit larceny merely, the receiver must be acquitted. R. v. Evans, Fost.73.

Indictment against the receiver as accessary, the principal being convicted.

•-so continu

Middlesex, to wit: The jurors for our Lord the King, upon their oath, present, that heretofore, to wit, [" at the general sessions of the delivery of the gaol of," &c. &c.ing the caption of the former indictment, it was presented, that one J. T., late of, &c. continuing the indictment to the end; reciting it however in the past, and not in the present tense.] Upon which said indictment the said J. T., at the session of of gaol delivery aforesaid, was duly convicted of the felony and larceny aforesaid: as by the record thereof more fully and at large appears. And the jurors aforesaid, upon their oath aforesaid, do further present, that J. S., late of the parish aforesaid, labourer, after the committing of the said larceny and felony as aforesaid, to wit, on the fourth day of May, in the year last aforesaid, [&c. as in the last precedent, from the *].*

Evidence.

Give in evidence an examined copy of the record of the conviction of the principal, as proof of his conviction, and of the commission of the larceny. An examined copy will be sufficient; because the statement of the indictment and conviction of the principal, is matter of inducement merely. See ante, p. 80. It is not necessary that it should appear from the record, that the principal was attainted; if it appear that he was convicted, it is sufficient. R. v. Baldwin, 3 Camp. 265. R. v. Hyman, 2 East. P. C. 782. And although the record be erroneous, it is good evidence against the accessary, until reversed. R. v. Baldwin, Camp. 265.

After thus proving the larceny and conviction, prove the offence of receiving the stolen property, as directed, ante, p.

154.

If the goods stolen have been altered between the time of the larceny and that of the receipt, so as to pass under a new