insured ship [not stated to be British] and goods at London and Rotterdam, ran the goods on shore in England, with intent to defraud the owners and insurers, and when the ship was burned (probably by him), duly protested' ship and cargo, on an indictment for piracy and stealing, it was held to be only a breach of trust and no felony, and that it could not be piracy to convert the goods in a fraudulent manner until the special trust was determined. Mason, East P. C. 796; 8 Mod. 74, 1723: trial under a commission by 22 H. 8, 15. Defendants were convicted on a count for feloniously and piratically stealing cable, &c., on the high seas, within the jurisdiction of the admiralty. They were Deal pilots, who, taking a vessel into Ramsgate, had, in collusion with the master, cut away the cable and part of the anchor, which had before been broken, for the purpose of causing an average loss to the underwriters; they contrived to tow away the cable and convert it to their own use. It was objected that their offence was not larceny, having been committed by them jointly with the master of the vessel, not for the purpose of defrauding the owners. but for the purpose of defrauding the underwriters for the benefit of the owners. A majority of the judges, however, held the conviction right. Curling, R. & R. 123, 1807.

Accessories] were triable only by the civil law, and, if their offence was committed on land, they were not punishable at all before 11-12 W. 3, 7, 10. By that s. and by 8 G. 1, 24, 3, they are declared to be principal pirates, felons, and robbers, and are to be in every way dealt with as such.

The knowingly receiving and abetting, within the body of a county, one who has committed piracy upon the sea is not an offence cognizable by the common law, for where the common law cannot punish the principal, it cannot punish anyone as accessory to such principal. Query:-Whether the Admiralty has jurisdiction in such case.' The Case of the Admiralty, 6 Coke Rep. Pt. 13, 51, 1610.

Admiralty jurisdiction] is concurrent with any other which may exist when piracy as defined by the law of nations' is also an offence under 41-2 V. 73, the Territorial Waters Jurisdiction A. 1878, by s. 6 thereof.

Venue] See that title and Coombe, 1785.

By 46 G. 3, 54, all treasons, piracies, felonies, robberies, murders, conspiracies, and other offences, 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, may be inquired of, tried according to the common course of the laws of this realm, used for offences committed upon the land within this realm, and not otherwise, in any of his Majesty's islands, plantations, colonies, dominions, forts, or factories, under and by virtue of the king's commission or commissions, under the Great Seal of Great Britain, to be directed to any such four or more discreet persons as the lord chancellor, &c., shall from time to time think fit to appoint.' The commissioners are to have the same powers as commissioners under the 28 H. 8.

Chinese coolies rose at sea, between Macao and Peru, against a French captain and crew which was conveying them, killed them, took the vessel back to China, and abandoned her. Some were tried in China; one fled to Hong-Kong. The J. C. of the P. C. ultimately

decided that the murder by a Chinese of one who was not a subject of China, outside of China, could not, without evidence, be assumed to be a crime against the laws of China (within the ordinance regulating extradition between Hong-Kong and China, which did not include piracy generally), though it might be against French law, having been committed on French territory; defendant, therefore, could not be extradited to China on this ground. But he ought to have been committed for trial at Hong-Kong for piracy, jure gentium, for this is justiciable anywhere; presumably, therefore, in China. AttorneyGeneral for Hong-Kong v. Kwok-A-Sing, L. R. 5 P. C. 179; 12 Cox C. C. 565; 42 L. J. P. C. 64; 29 L. T. 114; 21 W. R. 825, 1873. On a writ of hab. corp. defendant had been discharged from felony in seizing ship and murder; this was approved by the J. C.; a second discharge from piracy, jure gentium, was reversed; apparently, if they had believed the ship was a slave-ship (and the coolies rose to regain their liberty), they would have upheld it. Mellish L.J. approved the definition: Piracy is robbery within the jurisdiction of the Admiralty.'

POACHING.

See Game and cf. Deer.

POISONING.

Intent or attempt to murder] See 24-5 V. 100, 11, 14.
Cf. Abortion, and ss. 58, 59, for drugs therein, and Williams, 1844.

Other intents] By 24-5 V. 100, 22: 'Whosoever shall unlawfully apply or administer to or cause to be taken by, or attempt to apply or administer to, or attempt to cause to be administered to or taken by, any person, any chloroform, laudanum, or other stupefying or overpowering drug, matter, or thing, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence, shall be guilty of felony, and being convicted thereof shall be liable to be kept in penal servitude for life

Not triable at Q. S.

Endangering life, &c.] By s. 23: 'Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, shall be guilty of felony...' Conclusion as in s. 22, above, but maximum term,

ten years.

Triable at Q. S.

Intent to injure, aggrieve, or annoy] By s. 24: Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, with intent to injure, aggrieve, or annoy such person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable to be kept in penal servitude," i.e. the maximum term is five years.

Indictment and verdict] By s. 25: 'If, upon the trial of any person for any felony in . . . section [23] mentioned, the jury shall not be satisfied that such person is guilty thereof, but shall be satisfied that he is guilty of any misdemeanour in . section [24] mentioned, then and in every such case the jury may acquit the accused of such felony, and find him guilty of such misdemeanour, and thereupon he shall be liable to be punished in the same manner as if convicted upon an indictment for such misdemeanour.'

Poisoning fish] See Sea, &c., and cf. Fish.

The intent] Administering cantharides to a woman with intent to excite her sexual passion [see under Procuration], in order that defendant may have connection with her, was held to be within 23-4 V. 8, 2, rpd., where the words are identical with s. 24, above. Wilkins,

Quantity of Drug, &c.

951

L. & C. 89; 31 L. J. M. C. 72; 9 Cox C. C. 21, 1861. But where cantharides was administered in so small a quantity as to be insufficient to occasion injury or to produce any effect on the human system, it was held by Cockburn C.J. that there was no offence within s. 24, despite the intent to annoy, because it could not, in that form, be said to be noxious: Hennah. The question is whether the drug in the form and quantity in which it is administered is noxious or not. Cramp, 1880.

Cf. cases under Assault.

PONDS, OFFENCES CONNECTED WITH.

See Sea.

POSSESSING STOLEN PROPERTY.

See Receiving, &c., which is not quite the same offence.

POST-OFFICE OFFENCES RELATING TO THE.

See titles, Letters, Stamps and Telegraph.

Statutes] 8 E. 7, 48, the Post Office A. 1908, is the principal A.

Larceny of postal packets, &c.] By s. 12 of the Larceny A. 1916 (with which s. 50 of the P. O. A. is almost identical), every person who (1) steals a mail bag; or (2) steals from a mail bag, post-office, officer of the post-office or mail, any postal packet in course of transmission by post; or (3) steals any chattel, money or valuable security out of a postal packet in course of transmission by post; or (4) stops a mail with intent to rob [or search] the mail, shall be guilty of felony: maximum sentence, penal servitude for life.

The words, or search, are only in the P. O. A.

By s. 51 of the P. O. A., anyone who unlawfully takes away or opens a mail bag sent by any vessel employed by or under the Post Office for the transmission of postal packets under contract' or unlawfully takes a postal packet in course of transmission,' &c. out of such a bag is guilty of felony: maximum sentence, 14 yrs. p. s.

Receivers] S. 52 is almost verbally identical with s. 33 (2), (3) of the Larceny A. 1916, which see. Sentence, therefore, is subject to the remarks on s. 55, below.

Fraudulently retaining letters, &c.] By s. 53: 'If any person fraudulently retains or wilfully secretes, or keeps, or detains, or when required by an officer of the post-office, neglects or refuses to deliver up (a) any postal packet which is in course of transmission by post and ought to have been delivered to any other person, or (b) any postal packet in course of transmission by post or any mail bag which shall have been found by him or by any other person, he shall be guilty of a misdemeanour'; on conviction on indictment punishment is by fine and imprisonment.

Diversion of letters] By s. 54: (1) If any person not in the employment of the postmaster-general wilfully and maliciously with intent to injure any other person either opens or causes to be opened any letter which ought to have been delivered to that other person, or does any act or thing whereby the due delivery of that letter to that other person is prevented or impeded, shall be guilty of a misdemeanour, and be liable to a fine not exceeding fifty pounds, or to imprisonment. . . for any term not exceeding six months. (2) Nothing in this section shall apply to a person who does any act to which this section applies where he is parent or in the position of a parent or guardian of the person to whom the letter is addressed.

(3) A prosecution shall not be instituted in pursuance of this section except by the direction or with the consent of the postmaster-general. A letter in this section means a postal packet in course of trans