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Captors-Duty of, to send prize into convenient port..

393

Duty of, to put prize master and crew on board of prize vessel..
Prohibited from converting cargo, or breaking bulk. Exceptions to rule as to.
Duty of, to send master, principal officers, and some of the crew of the cap-
tured vessel into the port of adjudication as witnesses..
And great importance of strict observance of this duty.
Duty of, on arrival with prize at port of adjudication.

394

395

395

395

396

Duty of, further considered, under orders and adjudications growing out of the
war in the United States....

436

Duty of, as to sending in captured property. Exceptions in case of physical
impossibility or moral restraint-Case of The British Empire.....
The necessities of, either as personal supplies, or for use in the prosecution of
the war-excuse for not sending in captured property..
Duty of, to have property appraised which is not sent in, but appropriated to
government use..

Duty of, as to persons captured on board vessels..

Consequence of neglect of duty by, in not sending in captured master, officers,
and crew, as witnesses--considered in the case of The Julia......
Duty of, to treat captured persons as detained witnesses, not prisoners of war.
Duty of, not to separate captured persons from the prize, except in cases of ne-
cessity..

436

437

438

439

439

441

441

Duty of, as to treatment of captured persons, considered in the case of The
Louisa Agnes....

442

Duty of, ås to vessel's papers.

442

By privateers.....

Duty of, as to other papers found on board the prize..

Duty of, as declared in circular of the Navy Department of the United States.
Capture-Definition of........

By public and private armed vessels..

Authority and power of..

To be lawful, must be commissioned...
How regarded by the United States..

Considered in conflict with the spirit of the age..
Efforts made in the United States to abolish...
Revocation of commission for...

449

450

175

176

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177

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185

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Invalid as to neutral power, if made in neutral waters-may be valid as be-

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To be lawful, must be made by public or private armed ships, commissioned... 194
By boats from man-of-war...

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Vindictive damages for injury resulting from, only given in extreme cases.

200

Property subject of, liable only to visible liens or encumbrances

201

Property subject of, must be sent in to convenient port of captor's country for
adjudication....

201

Duty of captors, on making

202

Duty of prize master and crew, on taking in property, the subject of.

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Capture, Joint-Rule and reasons of, in relation to vessels in sight, to constitute...
Rule of joint enterprise to constitute.....

Rule in. as to revenue cutter....

Cases illustrating the doctrine of constructive assistance, to constitute.
Not as between vessels in sight only from mast-head..

Proof of vessel in sight requisite to constitute...

Mere intimidation without co-operation insufficient to constitute.

Mere association insufficient to constitute...

Whether it can be made by co-operation of army with naval forces.

Previous concert, sufficient basis for, if not abandoned at the time of capture..

Rights of joint-captors in, not affected by the fraud of the actual captor.

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211

213

213

214

219

220

221

221

225

228

231

Claim to prize property-its proper form, what it should, and what it may not contain 403
By whom it may be made.

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Until filled, testimony and papers in prize cause, not examinable by claimant.. 405
For delivery of captured property to claimants, on bail, before a hearing, or af-
ter condemnation and appeal, never allowed..
Delivery of captured property to, on bail, the doctrine in relation to, further con-
sidered, in connection with the decision in the recent case of The Amy
Warwick, &c....

Requisites of, considered with the recent decisions in the cases of The Empress
and The Amy Warwick...

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Rule of right of pre-emption of, instead of confiscation, when and how applied 330
Innocent goods mixed with, are alike confiscated...

332

Hostile dispatches considered..

332

Carried in neutral vessel, by the old rule, subjected vessel, as well as cargo, to
confiscation, relaxed in modern times.

333

Treaty provisions as to......

465

Costs and Disbursements-Nature of in prize proceedings, and how liquidated..
Embarrassments in relation to, for want of requisite legislation....
Attempted remedy of embarrassments in relation to, by statute of United States
Construction of statute in relation to, by the Circuit Court of the United States
in the Second Circuit, in the cases of The Sarah Starr and The Aigburth. 467
Contradictory legislation in relation to, at the last session of the Congress
of the United States-necessity of immediate and careful revision of the
law..

469

334

464

465

D.

Distribution-Decree of, to follow condemnation and sale of captured property..
Who are entitled as distributees in decree of.

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Decree of, and proportionate interests, as provided by recent acts of Congress
(vide Appendix)..

Decree of, settling proportionate interests where capture is made by private
armed vessels....

415

Decree of, upon what evidence based, and how taken..
Decree of, necessary before distribution can be made..

415

416

Decree of, how executed under recent act of the Congress of the United States. 46)

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Further Proof-Order for, in a prize cause, when allowed by the court...

426

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Question of national character on, as affected by the flag or pass of the ship.

410

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Questions on, as to violation of blockade, of contraband trade, of prohibited

commerce, of resistance to search...

412

Hostile Character-Impressed upon persons and property, subjecting to the liabilities of

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Doctrine in the United States as to impression of, by the nature of the traffic. 125, 127

Impressed by official, without actual residence...

Of ship, determined by the residence of the owner..

Of ship, by her flag or pass....

Of ship, by the nature of her employment.

126

130

.130, 135

131

Impressed by employment in the commerce ordinarily confined to the adverse
belligerent...

133

Impressed by engagement in traffic under authority of the adverse belligerent.
Transfers in transitu, to avoid the rule of impression with.

134

138

Reservations of risk, to avoid the rule of impressment with..

141

Unsuccessful attempts to evade the rule of impression with, made by neutrals,

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Hostile Character-In the case of The Amy Warwick..

Not terminated by transfers from onemies to neutrals, the same being void as

in fraud of belligerent rights..

Secret liens on property impressed with, not regarded in prize-courts..
This doctrine discussed in the case of The Hiawatha..

The Crenshaw...
The Delta..

The Arcola.

The Amy Warwick..

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151

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153

153

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154

155

156

Neutrals-Who are considered....

The general commercial rights of.

N.

Rights of, as to pursuit of accustomed trade..

Exclusion of, from trade with colonial possessions of the enemy..
Reasons for the rule of exclusion of from the enemy's colonial trade.
Consequences of violation by, of the rule of exclusion from the enemy's colo-
nial trade.

Confiscation of property of, for employment in enemy's colonial trade, by for-
mer rule, penalty not now exacted, except in cases of specific fraud...
Excluded as well from the coasting as the colonial trade of belligerents..
Admitted to colonial trade in time of peace, not excluded in time of war..
Rule of admission of, to colonial trade in war which had been allowed in time
of peace, whence it originated

Cases illustrating the application of the rule of admission of, to colonial trade in
war, which had been permitted in time of peace, and exceptions thereto..
Circuitous trade by, unlawful, where direct trade prohibited..
Penalty for violation of this rule by..

Rights of, in connection with the question of "free ships, free goods," the
armed neutrality, and position of the United States government on this
subject.

259

259

259

260

261

262

263

263

267

267

268

270

272

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No power to release captures made beyond the jurisdiction of, when taken into
the ports of...

Treaty stipulations modifying the rule of non-interference by, in cases of capture

P.

274

346

347

348

348

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Rule of liability of registered owner of, not applicable to foreigners.

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Prize Jurisdiction vested in courts of admiralty.....

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383

Jurisdiction exclusively in courts of the captor's country.

384

Property captured as, need not be in a port of the captor's country, to give the

court jurisdiction to adjudicate..

385

Decree upon property captured as, final between the parties-open to review
between governments

Decree of condemnation of property captured as, requisite to complete transfer
of title......

385

385

Prize Cargo-Unlivery of, pendente lite.

When unlivery ordered, and how effected.

429

429

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Prize Commissioners-Their appointment, power, and duties..

433

396

Duty of, to receive possession of prize property.

397

Duty of, to seal it with their seals, and safely keep the same until process be
issued...

397

Duty of, to receive papers found on board from the prize master, to take his
affidavit of identification, to seal up and file the same.
Duty of, to take the testimony of the witnesses, and rules as to the examina-
tion of (vide interrogatories in the Appendix)..

397

398

Duties of, prior to recent legislation by United States Congress...

452

Duties of, considered with reference to the act of Congress of March 25th,
1862, and judicial construction of the same...

452

Prize Courts-Letter from Sir William Scott and Sir John Nicholl to Mr. Justice

Story, in relation to jurisdiction of, and practice and proceedings in (vide
Appendix)....

386

Notes of Mr. Justice Story, in Wheaton's Reports, in relation to jurisdiction of,
and practice and proceedings in.....

386

Extent, character, and peculiarities of jurisdiction of.

388

Prize, Decree-If no claim be filed on the return of the monition.

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Requisites of, considered and determined in the cases of The Revere and The
Empress...

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