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PAGB

Distinction between privateers and letters of marque..

186

Registered owner of privateer the person liable.....

186

This rule not applicable to foreigners..

187

Liability of owners of privateers...

187

Basis of liability...

187

Limitation of liability..

187

Owners liable jointly and severally ..

188

Privateers not considered private property on capitulation..

188

Limitation of the authority of letters of marque by the law of nations.

189

Legality of captures dependent on government orders ..

189

Intention to seize requisite to a valid capture.

189

Capture in neutral waters valid as between belligerents.

190

Question of time of capture considered .

190

And whether actual possession necessary :

190

Liability for mistakes in engagements with friendly vessels....

194

Lawful captures-only by public armed vessels or private armed vessels commissioned 194

Capture by boats belonging to men-of-war.

195

Restitution no bar to a second capture..

196

Lawful capture by a convoying ship..

197

Wrong-doer only liable for illegal capture..

198

Vindictive damages never given but in extraordinary cases....

200

Prize property subject only to visible and immediate encumbrances...

201

Prize must be sent to convenient port.

201

Rule as to this....

201

Duty of captors on arrival...

202

To proceed forthwith to adjudication.

202

Prize master and crew...

203

JOINT-CAPTURE.-Doctrine of constructive assistance..

204

Vessels in sight..

205

Doctrine of constructive assistance as between public and private armed vessels. 209

The rule....

211

The reasons of the rule...

211

Joint-enterprise as affecting the question of constructive assistance.

213

Rights of revenue cutters as joint-captors.....

213

No joint-capture when in sight only from the masthead.

219

The being in sight to be affirmatively proved...:

220

Mere intimidation, without co-operation, insufficient to establish rights as joint-captors 221

Nor mere association....

221

Unless in a direct military capacity.

221

Whether army forces can be entitled as joint-captors with naval forces..

225

Material service requisite.....

226

Rights of joint-captors not vitiated by the fraud of actual captors....

228

Previous concert, sufficient basis to entitle as joint-captor, if not abandoned at the

time of capture ..

230

RECAPTURE AND RESCUE.-- Defined and distinguished..

233

To recapturema duty...

233

To rescue-a meritorious act.

233

POSTLIMINIUM.—The right considered..

234

To change property in favor of vendee

234

Sentence of condemnation necessary..

238

Termination of the rights of postliminium..

239

The right of postliminium by the laws of the United States.

240

SALVAGE.—Right of salvage on restitution by recaptors.

241

Rate of compensation...

241

Salvage in cases of rescue as well as in cases of recapture.

242

No commission requisite for recapture.

242

Nor to entitle to salvage..

242

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ADDENDA TO CHAPTER IV.

OF THE EFFECT OF WAR UPON THE COMMERCE OF NEUTRALS; AND HEREIN OF BLOCKADE;

OF CONTRABAND OF WAR; AND OF THE RIGHT OF VISITATION AND SEARCH

Who are neutrals ...

259

Their general commercial rights.

259

Coasting and colonial trade..

259

Neutrals excluded therefrom.

260

Character and reason of this rule of exclusion.

260

Consequences of its violation..

262

Confiscation in cases of fraud.

263

Rule the same as to the colonial and the coasting trade of belligerents...

263

Rule of exclusion does not operate, if it would deprive the neutral of his accustomed

commerce..

267

The rule relaxed after, and by reason of the rise of the United States government.. 267

The application of the rule, and the exceptions in particular cases...

268

Where direct trade is unlawful, cannot be pursued circuitously.

270

Penalty for violation of this rule..

272

The armed neutrality.

274

Doctrine of the United States on the subject of " free ships free goods”.

275

BLOCKADE.-Its definition...

275

A belligerent right..

275

Requisites to its validity.

276

Actual and effective..

276

Knowledge of blockade..

278

What is a violation of blockade.

283

What excuses a violation..

284

Penalty for violation....

287

Case of The Christiansberg.

288

Case of The Elizabeth.

290

Cases of The Cheshire and The Delta .

291

Blockade of the southern ports of the United States..

298

JUDICIAL CONSTRUCTION OF THE EXECUTIVE PR

ION.:

309

Opinion of Justice Grier...

323

CONTRABAND OF WAR.

327

Contraband commerce prohibited to neutrals.

327

Contraband defined...

327

ADDENDA TO CHAPTER V.

PAGB

PRIZE COMMISSIONERS.—Their appointment, powers, and duties .

396

To take possession of and place their seals upon the prize property.

397

To take the testimony of captain and officers and prize crew.....

397

Rules as to examination of witnesses in preparatorio..

397

THE PRIZE LIBEL.-Its proper form, and by whom filed.

400

Monition and warrant..

401

Service and monition ...

402

Proceedings on the return-day, if no claim be filed.

402

THE CLAIM.—By whom filed.

403

The test-affidavit of claimant.

404

Not amendable, as of course.

404

Papers in the registry not examinable until after claim and affidavit filed.

405

DELIVERY OF PROPERTY ON BAIL...

405

Never allowed before a hearing.

405

Appraisement and sale of property, if perishable, the rule of prize courts

406

THE HEARING.-In the first instance, exclusively on the libel and claim-papers found

on board-and the testimony taken in preparatorio ...

406

Consequence of sentence of condemnation. ...

406

Legal presumptions in prize courts, and the burden of proof resulting therefrom. 407

The national character of prize property generally the principal issue...

408

Question of national character.

109

As affected by domicile....

409

As affected by trade....

409

As affected by the ship's flag or pass.

410

As affected by transfer of ship during war.

411

Transfer of cargo in transitu...

411

Illegal trade affecting proprietary interest.

411

The effect of violation of blockade.

412

contraband trade ...

412

trade on the enemy's coast..

412

trade with the enemy's colonies

412

resistance to search.

412

THE DECREE OF CONDEMNATION

413

Proceedings thereon..

413

Captors and joint-captors..

413

Claim of joint-capturewhen to be filed

413

Distributive proportions ...

414

Sale and distribution-where no appeal and no claim of joint-capture.

415

DECREE OF DISTRIBUTION.

415

Decree requisite in all cases, before distribution.

416

HEAD-MONEY.

416

DECREE OF RESTITUTION, on recapture.

419

When made—and when on payment of salvage.

419

MILITARY SALVAGE.—Its amount in the United States fixed by statute....

420

421

Question of allowance of costs, damages, and expenses, on decree of restitution.

How determined.....

422

424

How costs, damages, and expenses ascertained

Execution of decree .

424

FARTHER PROOF.-Order for—when made

426

When not allowed...

427

428

What testimony allowed—when farther proof ordered

428

How testimony taken on such order.

JUDICIAL ORDERS pendente lite.

429

429

Unlivery of cargo.

In what manner effected.

429

Removal of ship or cargo, or both.

430

430

Expense of unlivery or removal—by whom borne.

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FURTHER CONSIDERATION OF THE PRACTICE AND PROCEEDINGS OF PRIZE COURTS, SUG-

GESTED BY THE ADJUDICATIONS UPON CAPTURES YADE DURING THE EXISTING WAR

IN THE UNITED STATES..

435

THE DUTY OF CAPTORS..

436

As to the property captured.

436

Exceptions to the rule requiring it to be sent in for adjudication.

436

Physical impossibility....

436

Exception arising from moral restraint..

436

Excuse arising from the necessity of the captors..

437
Captured property taken for the use of the capturing vessel or the government, must
be appraised before appropriation....

437

The amount of appraisal deemed to be in the treasury..

438

No rule requiring its payment by the government before final decree..

438

Duty of captors as to the persons taken with the captured property.

439

General rule to send them in with the prize, as witnesses.

439

Overpowering necessity the only excuse for a failure to comply with this rule.

439

Captured persons not to be separated from, but to be sent in with the prize..

440

Where crew of captured vessel escape, other inculpatory proof allowed..

441

Personal treatment of captured persons..

441

Detained as witnesses, not as prisoners of war.

441

Case of The Louisa Agnes. United States District Court, New York.

442

Duty of captors as to vessel's papers, found on board at the time of capture.

449
As to other papers, not being the vessel's papers..

449

Circular of instructions in this respect to naval commanders, from the United States

Secretary of the Navy..

450

Duties of United States prize commissioners prior to recent legislation..

452

Additional duties imposed by act of Congress..

453

Construction of the act by United States Circuit Court for the Second Circuit.

453

Witnesses to be examined without the presence of counsel...

455

The rule as to the general character of the averments of the libel and the claim, sus-

tained by the recent decisions..

455

DELIVERY TO CLAIMANTS, ON BAIL...

457

Delivery of captured property to claimants, on bail, before a hearing, subversive of

the policy and purpose of maritime capture..

457

Reasons for the rule of non-delivery still more cogent after hearing and condemnation 457

The doctrine of non-delivery fully sustained by the decision of the United States Dis-

trict Court of Massachusetts...

459

Reasons for the rule stated in the case of The Amy Warwick.

459

Reasons for the rule of non-delivery on bail, applicable to non-delivery on payment of

appraised value....

460

THB CAPTORS ENTITLED AS DISTRIBUTEES—How determined.

460

New rules of distribution by recent act of Congress..

460

Vessels within signal distance entitled to share..

461

Forfeiture of commander's share of prize money, for certain neglect.

461

Armed vessels in government service entitled as if in the navy

462

Merchant vessels making captures not entitled, in strict law-but in practice a share

is awarded them commensurate with the meritorious character of the service..... 462

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