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English authorities not numerous
CONTENTS.
French Ordinance-a portion translated
Sacrifice for security is the legal result and effect of references
vii
PAGE
156
157
160
162
Conflict of decision between the United States courts and State
court.
164
Cognizable in Admiralty courts
a master's, or consul's, may be valid
Risk justifies agreement to pay marine interest
173
175
176
178
What sufficient communication; its want not supplied by advertis-
180
182
183
184
185
186
188
Discussion by Story and others at the bar in Massachusetts
Rule of procedure - pleadings and defense.
Credit, laches, duress may invalidate a Bottomry Bond
189
192
197
Their lien on proceeds, if once doubtful, given expressly in 1861
220
A master, in the exercise of his implied authority to procure Neces-
saries, must act with good faith
CHAPTER IX.
222
POWER OF MASTER TO SELL.
This power is not a general, but implied, authority
224
to be exercised, under a legal and paramount necessity
when so exercised, the transfer is complete
225
226
Decree and survey may justify master also
English cases-exception becomes the rule
The present prevailing doctrine anticipated in 1809 by Sir Wm.
Scott
His early views, since adopted in England and United States
Mr. Justice Clifford's decision and opinion in the Amelie.
Affirmed on appeal to United States Supreme Court
CHAPTER X.
MARINERS' WAGES AND RIGHTS.
227
229
230
232
233
234
237
Indefinite description of voyage nugatory
Clauses, detrimental to sailor, void
Contract for wages, earning and payment, forfeiture .
243
Rights and duties of mariners
244
Foreign codes and ordinances
245
Deviation justifies leaving
266
267
269
272
273
274
276
278
283
283-5
287
291
Wrongful disrating, ground for damage
Rightful removal, ground of forfeiture
Duties of crew, master's control, punishment moderate
Flogging abolished 1831 wages lost, right revived and how
CHAPTER XI.
WHO WITNESSES IN ADMIRALTY.
Competency of Witnesses in Massachusetts
United States Act of 1865, designed to enlarge judicial discretion
Case of Hetty Robinson, discretion declined.
333
335
CHAPTER XII.
PILOTAGE.
Pilots, commissioned officers
branch or bay
Compulsory Pilotage
Right to legislate vested in Congress, remitted temporarily to the
States, afterward resumed
ix
337
338
339
341
343
344
345
Carrier, guilty of unneutral conduct, forfeits Freight
376
377
379
Use and effect of bills of lading as original contracts
Neutral carriers, conducting fairly, entitled to Freight generally
Towage is secured by lien and may become a salvage service
a service of merit and defined by cited cases
in case of the R. B. Forbes
CHAPTER XVII.
LIS PENDENS.
395
396
397
398
399
400
401
402
404
A prior suit pending, if pleaded, good defense
406
must be for same cause substantially, and between the same
parties
408
should be seasonably pleaded, if relied on as a defense
409
CHAPTER XVIII.
WHALING.
Whaling, once a European business, now engrossed by New England-
ers
Authorities chiefly American; a few English
Usages as to mateship, lays, and supplies.
Effect and importance of Judge Sprague's decisions
Whalemen's rights and liabilities
Source and extent of Whale fishery
shown by statistics
CHAPTER XIX.
POSSESSION AND RESTRAINT.
Causes of possession or restraint are legal remedies for the majority
and minority of ship owners respectively
The rule is that the majority shall control, upon giving security
English authorities
CHAPTER XX.
BAIL.
Bail, in Admiralty, is security given to the court for the rem subjectam
412
415
418
422
424
425
427
428
429
431
434
435
436
437
CHAPTER XXI.
xi
MISCELLANEOUS.
Legal effect of a receipt in full
Redress for short allowance
Droits in Admiralty are forfeited in England as perquisites of Ad-
miralty; in the United States, such seizures are condemned
jure reipublicæ and belong to Government
PART II.
PRIZE LAW.
Lord Mansfield's exposition in Lindo v. Rodney
Distinction between Instance and Prize tribunals
Jurisdiction of Prize Courts - how exercised
Duties of captor, claimant, and Prize-master
Preparatory evidence, further proof
Prize interrogatories
Prize proceedings and practice
Early irregularities in practice, noticed
Bar admonished
Practice reformed
Prize reports neutral property
Captors liable for negligence, or misconduct
Booty forced levies - Prize
Lawful capture made only by commissioned cruisers
Privateers in War of 1812
Legal definition of Prize
Contraband trade; breach of neutrality
Penalty for breach, is confiscation
Blockade; prerequisites
RIGHT TO BLOCKADE, unrestricted
439
440
443
443 et seq.
445
Duke de Bassano's Report to French Senate
If Orders in Council be legal, so should the Queen's Proclamation of
1861, as a prohibitory and legal measure, have been adhered
to, in good faith
Sir James Mackintosh's judicial opinion
English magistrates and ministers fallible, from want of experience in
discharge of neutral duties
All blockades to be duly imposed, notified, and maintained
Difficulty in closing inland gulfs.
531
533