69

"of any nution having custody of the offenders."

To this passage bana adds the following note

(pp.194-5): "To constitute piracy jure gentium

"it is necessary, 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

"seas, and not within the territorial juris-

"diation of any nation; and second that the

"offendere at the time of the commission of

"the act should be in fact free from lawful

"authority, or should have made themselves

so by their deed

"But if such a tessel pesses inte the control

*of the robbers or murderere on board, at

the lawful authority is in fact displaced,

"and she becomes an outlaw, sny nation say

"seize the vessel and try the originals *

Hyde, "Intern tional Law" Volume I,

p.415. "Piratical acte may assume a variety

"of forms. They may include, for example,

"homioide

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