30
'of any nation havin custody of the offenders."
To this passage Dana adds the following note
#
(pp.194-5): "20 constitute piracy jure gentium
"it is megessury, first that the offense, being
"adequate in degree - for instance robbery,
"destruction by fire, or other injury to persons
"or property. - must be committed on the high
"se68, and not within the torritorial juris-
"diction of any nation; and second that the
"offendere at the time of the commission of
"the aot should be in fact free from lawful
made
"authority, or should have
themselves
"so by their deed
"Bat if such a vessel passes into the seatrol
"of the robbers or murderers on board, e
"the lawful authority is in fact displaced,
#
she becomes an outlaw sny nation DAY
"seize the vessel and try the criminals."
Hyée, "International Law" Volume I,
p.412.. "Piratical aots may assume a
"of forms..
They may include, for example,
"homicide