SECTION 302. Whoever, being engaged in any piratical Robbery on cruise, or enterprise, or being of the crew of any piratical shore by vessel, lands from such vessel, and on shore commits robbery, piratical is a pirate, and shall be imprisoned for life. This section is taken from U. S. Rev. Sts. § 5371. By the Act of Jan. 15, 1897, c. 29, § 2 (29 St. 487), the death penalty is changed to imprisonment for life. or crew citizens SECTION 303. Whoever, being a citizen of the United Arming States, without the limits thereof, fits out and arms, or attempts vessel to to fit out and arm, or procures to be fitted out and armed, cruise knowingly aids or is concerned in furnishing, fitting out, or against 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. This section is the same as U. S. Rev. Sts. § 5284. SECTION 304. Whoever, being a citizen of the United Piracy States, commits any murder or robbery, or any act of hostility under color against the United States, or against any citizen thereof, on of foreign the high seas, under color of any commission from any foreign commission prince, or state, or on pretense of authority from any person, is, notwithstanding the pretense of such authority, a pirate, This section is the same as U. S. Rev. Sts. § 5373. By the Charge to Grand Jury, 2 Piracy cation to foreigners. It changes the rule as respects citizens of the United States who take service under a commission commission to a vessel from an enemy of their country, and declares that, under color of foreign Piracy by aliens Running away with, or yielding up vessel or cargo as respects them, the commission shall not be admitted as a defense. United States v. Baker, 5 Blatch. 6, 24 Fed. Cas. 962; 3 A. G. Op. 120. SECTION 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. This section is taken from U. S. Rev. Sts. § 5374. By the Act of Jan. 15, 1897, c. 29, § 2 (29 St. 487), the death penalty is changed to imprisonment for life. Charge to Grand Jury, 2 Sprague, 279, 285. SECTION 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. This section is the same as U. S. Rev. Sts. § 5383. “Piratically and feloniously runs away with a vessel" means a running away with a vessel with the wrongful and fraudulent intent thereby to convert it to the taker's use, and make it his own property against the will of the owner. The intent must be animo furandi, though the taking need not be with personal force and violence. United States v. Tully, 1 Gall. 247, 28 Fed. Cas. 226; United States v. Kessler, Baldw. 15, 26 Fed. Cas. 766. If one other than the captain is charged with the offense, it must be shown that the vessel was taken from the command of the captain by the accused, and without the Running former's consent, for some period of time, with felonious in- away with, or yielding tent to convert her to the use of the person or persons who up vessel were concerned in the taking. United States v. Haskell, 4 or cargo Wash. C. C. 402, 2 Wh. Cr. Cas. 101, 26 Fed. Cas. 207. If a master sells a vessel in accordance with the orders of the owners, it is no offense hereunder if he fails to remit the proceeds. 2 A. G. Op. 19. SECTION 307. Whoever attempts or endeavors to corrupt Confederany commander, master, officer, or mariner to yield up or to ating, etc., run away with any vessel, or with any goods, wares, or mer- with pirates chandise, 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. This section is the same as U. S. Rev. Sts. § 5384. United States v. Howard, 3 Wash. 340, 26 Fed. Cas. 390. Islands SECTION 308. Whoever, being subject to the authority of Selling the United States, shall give, sell, or otherwise supply any arms, intoxiarms, ammunition, explosive substance, intoxicating liquor, cants, etc., in or opium to any aboriginal native of any of the Pacific Islands Pacific 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 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 Selling bona fide for medical purposes, it shall be lawful for the court arms, intox- to dismiss the charge. icants, etc., in Pacific Islands Offenses deemed on high seas Vessels of the United States defined This section is the same as the Act of Feb. 14, 1902, c. 18, §§ 1, 2 (32 St. 33). SECTION 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. This section is the same as the Act of Feb. 14, 1902, c. 18, § 3 (32 St. 33). SECTION 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. This section is new. SECTION 311. Except as otherwise expressly provided, the Places apoffenses defined in this chapter shall be punished as herein- plicable after provided, when committed within any Territory or District, or within or upon any place within the exclusive jurisdiction of the United States. This section is new. any etc. SECTION 312. Whoever shall sell, lend, give away, or in Circulating any manner exhibit, or offer to sell, lend, give away, or in obscene manner exhibit, or shall otherwise publish or offer to publish literature, in any manner, or shall have in his possession for any such purpose, any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception, or for causing unlawful abortion, or shall advertise the same for sale, or shall write or print, or cause to be written or printed, any card, circular, book, pamphlet, advertisement, or notice of any kind, stating when, where, how, or of whom, or by what means, any of the articles above mentioned can be purchased or obtained, or shall manufacture, draw, or print, or in anywise make any of such articles, shall be fined not more than two thousand dollars, or imprisoned not more than five years, or both. This section is taken from U. S. Rev. Sts. § 5389. There are a few changes including the addition of the words "or both" at the end. See § 311. See notes to § 211. United States v. Williams, 3 F. R. 484, 488. |