common law. There have been English statutes against piracy from earliest times.

The United States has jurisdiction to punish the offense if committed on the high seas on an American ship, even if committed by a foreign citizen or subject, or if committed by an American citizen on a foreign vessel, and also takes jurisdiction over piratical acts committed by those owing allegiance to no country or on a ship not lawfully under the flag of any nation, or a piratical vessel.

All who aid are principals. are not pirates.

Privateers and belligerents1o

§ 834. Maltreatment of crew.-The master of a ship has the authority to punish summarily and corporally any misconduct of the members of the crew,11 but the lower officers have no similar right, except in the master's absence, 12 or in case of necessity.13 If the master beat or wound one of the

(1916),
United

3 U. S. Comp. Stat. §§ 10463-10483. See also States v. Jones, Fed Cas. No. 15496, 3 Wash. C. C. 228.

4 U. S. Comp. Stat. (1916) §§ 10463-10483.

5 United States v. Peterson, Fed. Cas. No. 16037, 1 Woodb. & M. 305.

6 United States v. Peterson, Fed. Cas. No. 16037, 1 Woodb. & M. 305.

7 United States V. Pirates, 5 Wheat. (U. S.) 184, 5 L. ed. 64; United States v. Klintock, 5 Wheat. (U. S.) 144, 5 L. ed. 55; The Ambrose Light, 25 Fed. 408.

8 United States v. Howard, Fed. Gas. No. 15404, 3 Wash. C. C. 340; Whart. Crim. L. (11th ed.), § 2221. 9 Whart. Crim. L. (11th ed.), § 2222.

10 United States v. Baker, Fed. Cas. No. 14501, 5 Blatchf. (U. S.) 6; Whart. Crim. L. (11th ed.), § 2224. See also Bangs v. Little, Fed. Cas. No. 839, 1 Ware (506) 520; Turner's Case, Fed Cas. No. 14248, 1 Ware (83) 77, 2 Wheeler Cr. C. 619.

11 Bangs v. Little, Fed Cas. No. 839, 1 Ware (506) 520; Turner's Case, Fed. Cas. No. 14248, 1 Ware (83) 77, 2 Wheeler Cr. C. 615; United States v. Hunt, Fed Cas. No. 15423, 2 Story (U. S.) 120; Carleton v. Davis, Fed. Cas. No. 2408, 2 Ware 225.

12 United States v. Taylor, Fed. Cas. No. 16442, 2 Sumn. (U. S.) 584.

13 United States v. Hunt, Fed. Cas. No. 15423, 2 Story (U. S.) 120.

crew he is liable to penalty under Federal statute,14 except in case of necessity."

§ 835. Revolt.-Revolt is the usurpation of the authority and command of the ship overthrowing that of the master, and is punishable by statute.16 An endeavor to revolt, that is, a conspiracy among the members of the crew to bring about a revolt or to resist the master, is also punishable.1 An overt act is necessary to constitute the offense of endeavor to revolt.18

Any deprivation of access by the master to any part of the ship or deprivation of personal freedom, or restraint, from performing his duties, maliciously done, constitutes the offense of confining the master.19

§ 836. Leaving seaman on shore.-To leave maliciously and without justifiable cause an officer or seaman on shore in a foreign country, or to force maliciously and without justifiable cause a seaman or officer ashore in a foreign country, or to refuse maliciously and without justifiable cause to bring home again all the officers and seamen who are willing and able to return, is punishable under Federal statute.20

14 U. S. Comp. Stat. (1916), § 10464.

15 Carleton v. Davis, Fed. Cas. No. 2408, 2 Ware (U. S.) 225; United States v. Freeman, Fed. Cas. No. 15162, 4 Mason (U. S.) 505.

19 United States V. Hemmer, Fed. Cas. No. 15345, 4 Mason (U. S.) 105; United States v. Bladen, Fed. Cas. No. 14606, Pet. C. C. 213; United States v. Sharp, Fed. Cas. No. 16264, 1 Pet. C. C. 118; United States v. Stevens, Fed. Cas. No.

16 U. S. Comp. Stat. (1916), 16394, 4 Wash. C. C. 547; United §§ 10466, 10467.

17 United States v. Seagrist, Fed. Cas. No. 16245, 4 Blatchf. (U. S.) 420; United States v. Kelly, 11 Wheat. (U. S.) 417, 6 L. ed. 508.

18 United States v. Savage, Fed. Cas. No. 16226, 5 Mason (U. S.) 460; United States v. Kelly, 11 Wheat. (U. S.) 417, 6 L. ed. 508.

States v. Henry, Fed. Cas. No. 15351, 4 Wash. C. C. 428.

20 U. S. Comp. Stat. (1916), § 10468. See also United States v. Netcher, Fed. Cas. No. 15866, 1 Story (U. S.) 307; United States v. Coffin, Fed. Cas. No. 14824, Sumn. (U. S.) 394

Engaging a vessel in the slave trade is a Federal crime.21 So is destroying a vessel with intent to defraud the underwriters.22

ARTICLE VI. MISCELLANEOUS STATUTORY OFFENSES UNDER POLICE REGULATIONS.

§ 840. Generally. The difference between police wrongs and other crimes has been previously considered. Perhaps the greatest difference is that the acts punishable by the statutes as police wrongs, are not usually considered to involve moral turpitude, but are acts which the growth of public opinion has recognized as inimical to the public good, and which the legislature has rendered punishable.1 In most crimes of this class a specific act is punishable, and intent is not an essential element of the offense.

In considering illegal sales of liquor and some other offenses, some specific crimes of this class have been treated. In this chapter little more will be done than to name other

1 See note to 78 Am. St. 236.

offenses made such by statute in most American jurisdictions, repeating that the only essential difference in prosecutions for these offenses is that a specific intent to violate the statute or do an unlawful act is usually immaterial. It is sufficient if an act is done which the law prohibits.

§ 841. Sale of adulterated and unwholesome food.-The sale of unwholesome food, or that which is unfit for consumption, is punishable by statute.

There are many state and Federal statutes which provide penalties for the sale of adulterated foods and drinks. These statutes are intended both to protect the public health and to prevent fraud of the purchasers. It is often made punishable, for instance, to sell milk which falls below a certain. legal standard in the percentage of its constituent elements; to sell certain foods colored with certain dyes; to sell foods containing ingredients other than those claimed; to sell imitations of butter as butter; and many other specific adulterations of food and drink are punishable. The Federal Food and Drugs Act of 1906 defines and punishes the adulteration of food and the misbranding of packages in which food and drugs are sold.2

§ 842. Housing laws-Regulation of conditions of employment.-Statutes may specify certain conditions under which houses may be erected, and certain specifications as to their character, in the interests of health and public welfare, which must be complied with, and render violation of these conditions indictable.

There may be penalties fixed for employing persons for a time longer than a certain number of hours in a day or week,

2 United States v. Lexington Mill &c. Co., 232 U. S. 399, 58 L. ed. 658, L. R. A. 1915 B, 774n; McDermott v. Wisconsin, 228 U. S. 115, 57 L. ed. 754, 48 L. R. A. (N. S.) 984n, Ann. Cas. 1915 A, 39n; In

re Afnew, 89 Nebr. 306, 131 N. W. 817, 35 L. R. A. (N. S.) 836, Ann. Cas. 1912 C, 676; McDermott v. State, 143 Wis. 18, 126 N. W. 888, 21 Ann. Cas. 1315n.