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both the act and the attempt to perform the act of destruction, and is in the following words:

"Sec. 301. Whoever, not being an owner, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, wilfully and corruptly casts away or otherwise destroys any vessel of the United States to which he belongs, or, wilfully, with intent to destroy the same, sets fire to any such vessel, or otherwise attempts the destruction thereof, shall be imprisoned not more than ten years."

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The Act, it will be noted, covers the offense not only upon the high seas, as did the original statutes, but upon any other waters within the admiralty and maritime jurisdiction of the United States. In United States vs. Vanranst, 28 Federal Case, No. 16608, the Court held that the offense was complete under this section if the mate destroyed the vessel, even though he had no interest therein, and even though the plan for its destruction was laid before the sailing by the owner himself. See also United States vs. Jacobson, 26 Federal Cases, No. 16461. See also United States vs. Wilson, 28 Federal Case, 718; U. S. vs. McAvoy, 26 Federal Case, 1044.

§ 333. Robbery on Shore by Crew of Piratical Vessel. -Section 5371 becomes Section 302 of the new Code as follows:

"Sec. 302. Whoever, being engaged in any piratical cruise, or enterprise, or being of the crew of any piratical vessel, lands from such vessel, and on shore commits robbery, is a pirate, and shall be imprisoned for life."

In the construction of the general terms "piratical cruise," of this section, the pleader will look to the definition of piracy, as heretofore given.

§ 334. Arming Vessel to Cruise Against the Citizens of the United States.-Section 303 of the new Code takes the place of old Section 5284, and is as follows:

"Sec. 303. Whoever, being a citizen of the United States, without the limits thereof, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly aids or is concerned in furnishing, fitting out, or arming, any private vessel of war, or privateer, with intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States, or their

property, or whoever takes the command of or enters on board of any such vessel, for such intent, or who purchases any interest in any such vessel with a view to share in the profits thereof, shall be fined not more than ten thousand dollars and imprisoned not more than ten years. The trial for such offense, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended or first brought."

See United States vs. Howard, 3 Wash., 430; 26 Federal Case, 390.

$335. Piracy Under Color of a Foreign Commission. -Section 5373 of the old Statutes becomes Section 304 of the new Code, as follows:

"Sec. 304. Whoever, being a citizen of the United States, commits any murder or robbery, or any act of hostility against the United States, or against any citizen thereof, on the high seas, under color of any commission from any foreign prince, or state, or on pretense of authority from any person, is, notwithstanding the pretense of such authority, a pirate, and shall be imprisoned for life."

See United States vs. Palmer, 3 Wheat., 610; United States vs. Baker, 5 Blatchf., 6; 24 Federal Cases, 962; United States vs. Hutchings, 26 Federal Case, 440; United States vs. Terrel, 1 Federal Case, 999.

§ 336. Piracy by Subjects or Citizens of a Foreign State.-Section 305 of the new Code displaces Section 5374 of the old statutes, and is as follows:

"Sec. 305. Whoever, being a citizen or subject of any foreign state, is found and taken on the sea making war upon the United States, or cruising against the vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which the offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall be imprisoned for life."

§ 337. Running Away with or Yielding up Vessel or Cargo. Old Section 5383 becomes new Section 306 in the following words:

"Sec. 306. Whoever, being a captain or other officer or mariner of a vessel upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, piratically or feloniously runs away with such vessel,

or with any goods or merchandise thereof, to the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both."

In United States vs. Tully, 28 Federal Case, 16545, the intent must be alleged and proven, as in other criminal cases requiring such proof and allegation; but the piratical and felonious running away with a vessel does not mean that personal force and violence must have been used. See also United States vs. Howard, 26 Federal Case, 15404; United States vs. Kessler, 26 Federal Case, 15528.

§ 338. Confederating, Etc., with Pirates.-New Section 307 takes the place of old Section 5384, and is in the following words:

"Sec. 307. Whoever attempts or endeavors to corrupt any commander, master, officer, or mariner to yield up or to run away with any vessel, or with any goods, wares, or merchandise, or to turn pirate, or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out any vessel knowingly and, with a design to trade with, supply, or correspond with any pirate or robber upon the seas; or whoever consults, combines, confederates, or corresponds with any pirate or robber upon the seas, knowing him to be guilty of any piracy or robbery; or whoever, being a seaman, confines the master of any vessel, shall be fined not more than one thousand dollars and imprisoned not more than three years."

See U. S. vs. Howard, 26 Federal Cases, 390.

§ 339. Sale of Arms and Intoxicants Forbidden in Pacific Islands.-The Act of February 14, 1902, 32 Statute at Large, 33, becomes Section 308 of the new Code, in the following words:

"Sec. 308. Whoever, being subject to the authority of the United States, shall give, sell, or otherwise supply any arms, ammunition, explosive substance, intoxicating liquor, or opium to any aboriginal native of any of the Pacific Islands lying within the twentieth parallel of north latitude and the fortieth parallel of south latitude, and the one hundred and twentieth meridian of longitude west and the one hundred and twentieth meridian of longitude east of Greenwich, not being in the possession or under the protection of any civilized power, shall be fined not more than fifty dollars or

imprisoned not more than three months, or both. In addition to such punishment, all articles of a similar nature to those in respect to which an offense has been committed, found in the possession of the offender, may be declared forfeited. If it shall appear to the court that such opium, wine, or spirits have been given bona fide for medical purposes, it shall be lawful for the court to dismiss the charge.'

§ 340. Offenses Under Preceding Section Deemed on High Seas. Another part of the Act of February 14, 1902, becomes Section 309 of the new Code, as follows:

"Sec. 309. All offenses against the provisions of the section last preceding, committed on any of said islands, or on the waters, rocks, or keys adjacent thereto, shall be deemed committed on the high seas on board a merchant ship or vessel belonging to the United States, and the courts of the United States shall have jurisdiction accordingly."

§ 341. Vessels of the United States Defined.-Section 310 of the new Code reads as follows:

"Sec. 310. The words 'vessel of the United States,' wherever they occur in this chapter, shall be construed to mean a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof."

CHAPTER XVI.

CERTAIN OFFENSES IN THE TERRITORIES.

§342. No Conflict Between Territory Code and United States Code: New Code, 311.

343. Circulation of Obscene Literature, Promoting Abortion, How Punished: 5389-312.

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351.

Adultery: I Sup., 568-316.

Incest: I Sup., 568-317.

Fornication: I Sup., 568-318.

Certificates of Marriage; Penalty for Failure to Record. 352. Prize Fights, Bull Fights, Etc.: II Sup., 446–320. 353. "Pugilistic Encounter” Defined: II Sup., 446–321. 354. Train Robberies in Territories, Etc.: New Code, 322.

§ 342. Territory Code and U. S. Code. The Code provides certain specific offenses for the territories of the United States and if there be in any territory a statute relating to a like matter, such statute ceases to be controlling. In other words, the law of the parent government is paramount. The legislation of Congress will supersede the legislation of a state or territory, without specific provisions to that effect, in those cases wherein the same matter is the subject of legislation by both. There the action of Congress may well be considered as covering the entire ground. David vs. Beason, 133 U. S., 333. Chancellor Kent in 1st Com., page 387, says on this subject, "Two distinct laws cannot at the same time be exercised in relation to the same subject, effectually, and at the same time be compatible with each other. If they correspond in every respect then the latter is idle and inoperative. If they differ they must, in the nature of things, oppose each other so far as they do differ." The Supreme Court of the United States in Passenger Cases, 7 How., 394, said, "A concurrent power excludes the idea of a dependent power. The general government, and a state,

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