Piracy Act 1744 (repealed 5.11.1993)

Legislation Crest

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Piracy Act 1744

1744 CHAPTER 30 18 Geo 2

An Actto amend an Act made in the Eleventh Year of the Reign of King William the Third, intituled “An Act for the more effectual Suppression of Piracy.” Preamble, reciting the Act 11 W. 3. c. 7.

Whereas by theM1 Piracy Act 1698 it is (amongst other things), enacted, that . . .F1 if any of his Majesty’s natural born subjects or denizens of this kingdom shall commit any piracy or robbery or any act of hostility against others of his Majesty’s subjects upon the sea, under colour of any commission from any foreign prince or state, or pretence of authority from any person whatsoever, such offenders shall be deemed pirates, felons, and robbers; . . .F1: And whereas since the present wars with France and Spain, divers of his Majesty’s natural born subjects have entered in the service of his Majesty’s enemies on board privateers or other ships, having commissions from the crowns of France or Spain, and committed divers hostilities against his Majesty’s subjects upon the seas in the West Indies and other parts: And whereas doubts have arisen whether, as such offenders have by such their adherence to the King’s enemies been guilty of high treason, they can be deemed guilty of felony within the intent of the said Act, and as such, liable to be tried by the said Court of Admiralty appointed or to be appointed by virtue of the said Act: Therefore, to put an end to the said doubts, and to prevent the inconveniences that must arise by the want of speedy justice on such offenders,

Textual Amendments

F1Words omitted under authority of Statute Law Revision Act 1948 (c. 62), Sch. 1

Modifications etc. (not altering text)

C1Short Title given by Short Titles Act 1896 (c. 14)

C2Act repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. I

C3Criminal Jurisdiction of Court of Admiralty now exercisable by High Court of Justiciary: Circuit Courts (Scotland) Act 1828 (c. 29), s. 16

Commencement Information

I1Act wholly in force at Royal Assent

Marginal Citations

[1.] Subjects or denizens committing hostilities at sea, &c. against his Majesty’s subjects or giving aid, etc. to enemies at sea, may be tried as pirates;S

All persons being the . . . F2 subjects . . . F2 of his Majesty, who, during the present or any future wars, have committed or shall commit any hostilities upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdiction against his Majesty’s subjects, by virtue or under colour of any commission from any of his Majesty’s enemies, or have been or shall be any other ways adherent or giving aid or comfort to his Majesty’s enemies upon the sea, or in any haven, river, creek, or place where the admiral or admirals have power, authority, or jurisdiction may be tried as pirates, felons, and robbers in the said Court of Admiralty, on ship-board or upon the land, in the same manner as persons guilty of piracy, felony, and robbery are by the said Act directed to be tried: . . . F3

2 F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

Textual Amendments

3 Criminals not tried by this Act, may be tried for high treason, by 28 Hen. 8. c. 15.S

Provided, that nothing in this Act contained shall be construed to extend to prevent any persons guilty of any of the said crimes, who shall not be tried according to this Act, from being tried for high treason within this realm, according to the Offences at Sea Act 1536.