ABERDEEN, Lord, despatch, December, 1841, cited as to right of
search, page 280.
ADJUDICATION OF PRIZE, must be had as promptly as possible,
306, and in some convenient port, 307.
ADMIRAL, Lord High, his office, duties &c., described, 375–382.
ADMIRALS are not responsible for the wrong doing of officers
under their command, unless acting under their express
orders, and then not directly, 304.
ADMIRALTY, Lords of the, their power to commission privateers,
315.
ALIEN ENEMY, defined, 14; distinction between a permanent
and a temporary alien enemy, ib.; may not appeal to the
High Court of Admiralty from the condemnation of his
property in a Vice-Admiralty Court, 15; may not even
put in suit in cases of ransom, 16; relaxations of the rule
stated, ib.; has no locus standi in our courts, 59.
ALLIANCE, defensive, its conditions, 53.
ALLIES, their position defined; their liabilities, and their ex-
emptions, in time of war, 52-54; may not engage in
trade with the enemy, 67.
ALVANLEY, Lord, cited as to hostile character, 20.
AMERICAN COMMERCE, relaxation of rule of blockade towards,
153.
AMERICAN MERCHANTS, their position with regard to a hostile
character, commercial, 19.
AMMUNITION, contraband, 258.
AMSTERDAM, the blockade of, considered topographically, 164.
ANIMUS CAPIENDI, essentiality of, in claim of joint capture,
ANIMUS MANENDI, the chief element in the constitution of hos-
tile character by residence, 26; may be readily established,
33; there is no need of counting-house or fixed esta-
blishment to constitute it, ib.
ANIMUS PERSEQUENDI, on the part of a fleet, how sustained in
relation to joint capture, 329.
ARDEN, Sir Pepper, decision as to reservation of risk to neutral
consignors, 48.
ARMED NEUTRALITY OF 1780 AND OF 1801, failure of, 308.
ARMY, where it is entitled to a claim of joint capture with sea
forces, 337, 340.
ARTS AND SCIENCES properly exempt from the rigours of
war, 315.
ASHBURTON, Lord, cited as to right of search, 281.
AZUNI cited as to ransom, 346.
BALKS, where contraband, 256.
BARBARIAN STATES, their position with relation to blockade, 173.
BARING, Mr. (Lord Ashburton), cited as to liabilities of neu-
trals, 129.
BEAWES cited as to embargoes, 83, 84; as to detention of neutral
vessels by belligerents for the necessities of war, 213.
BELL, Messrs. J. & W., statement of their case, 131.
BELLEMARE, reference to his work on neutrals, 181.
BELLIGERENT SUBJECTS in a neutral country need not return
home, unless especially ordered, but they must return from
the hostile country, 12; royal declaration on this subject
as to the present war, ib.; certain relaxations as to,
favourably received by the Court of Admiralty, 211.
BERLIN AND MILAN DECREES referred to, 295.
BILL OF HEALTH described, 286.
BILL OF LADING described, 285.
BLACK BOOK of the Admiralty cited as to right of search, 278.
BLACKSTONE cited as to embargoes, 83.
BLOCKADE described, 139; vindicated, ib.; the two species dis-
criminated, 140; circumstances constituting, ib.; actual
blockade, the most essential element of blockade; illus-
trated, 141; what is legal cessation of, 142; specific object
of, ib.; essentiality of its strict observance, 143; the effect
of its non-effective maintenance, as to ships and cargoes,
discriminated, ib.; to be in actual existence, there must
be full power to enforce it, 144; it is not legally relaxed
by the mere effect of winds, ib.; its operation may include
any number of ports, aud even a great extent of coast,
144; the declaration of, to be valid, must be accompanied
by actual investment, 145; complete blockade, emphatic
import of the term, ib.; may be more or less rigorous, 146;
knowledge of by neutrals essential, 147; how this know-
ledge is to be communicated, ib.; notification, two modes
of, 148; a public declaration of not essential, ib.; nor
previous warning of, under treaties, ib.; notification of to
a foreign government operates upon all the subjects of that
government, 149; distinction, on this ground, between
blockade de facto and blockade by notification, ib.; effect
of notification of on states to whom it has not been directly
made, ib.; notification of must be made to the belligerent's
own subjects and cruizers, 150; rule, as to notification, of
the treaty of 1794; time must be allowed for due trans-
mission of notification, 151; the declaration of must be
specific, 153; it may not be extended by a blockading
officer, 154; blockade broken by egress, 156; in what
cases the breach of may be excused, 158; the breach of
not excused by misinformation on the part of foreign
ministers, 158; nor by allegation of want of provisions,
159; nor by allegation of purpose to ascertain the land,
160; nor by the intoxication of the master, ib.; but mis.
information of blockading ships will be received in favour
of the party misinformed, 161; blockade by sea does not
include blockade of inland communication, 162, 171;
where not evaded penally upon change of course by
master, 175; offence of breaking not purged until end
of voyage, ib.; penalty of breach of, 176; in what cases
the cargo is affected for such breach, with ship, 176, 178;
the breach of, on part of master, or by consignee, binds
the owner, 179; offence of intended breach of, wiped
away, if blockade is meanwhile raised, 180.
BLOCKADING SHIPS, where they may take prizes of war, 181.
BOATS OF SHIPS OF WAR, where they may make captures, 301,
302; distinction between the claims of, in the different
cases of an actual and constructive capture, 323.
BOILER, or parts thereof, for marine engines, contraband, 258.
BOOK OF FEUDS, cited as to allies, 53.
BOTTOMRY BONDS AND OTHER LIENS, are not binding on cap-
tors, 306.
BRIMSTONE, where contraband, 219.
BRITISH PROPERTY IN A HOSTILE COUNTRY, position of, as re-
gulated by the Courts, 71, 72.
BROOKE, cited, as to the declaration of war, 7.
BROUGHAM, Lord, cited as to Orders in Council, 372.
BYNKERSHOECK, cited as to the necessity of a declaration of
war, 6; as to the treatment of enemy's property and per-
sons found at the commencement of hostilities, within the
realm, 9; as to licence in war, 56; as to non-trade with
the enemy, 57, 60; as to debts due to the enemy, 77; as to
privateers, 99; as to property of neutrals, 130; as to
blockade, 142; as to neutral territory, 215; as to contra-
band, 217; as to knowledge of owner in contraband, 226;
as to effect of contraband on innocent cargo, 269; as to
right of visit, 280.
CAPITULATION AT SEA, effect of, on property, discriminated
from the effect of capitulation on land, 316.
CAPTORS, on what they rely, 51; need assign no reason for cap-
ture to the master of vessel violating blockade, 180; the
last, in law is the only captor, 298; acting illegally, but
from ignorance only, indulgently considered by the courts,
305; must proceed to adjudication as soon as possible,
306; how the rule that they take cum onere is understood
to apply, 305; have no liabilities as to mere rights in
action, 306; must send their prize to some convenient
port for adjudication, 307; where they cannot bring in
enemy's property for adjudication, they must destroy it; or,
where the property is uncertain, dismiss it, 307; they
must not convert property until after adjudication, except
in special cases, 307; their course upon arrival in port with
prize, 307; should not have their claim to prize compli-
cated or rendered uncertain by the admission of extra-
neous claims, 321; actual fraud on the part of, does not
bar claim of joint capture, 340; actual captor is alone
responsible for costs and damages, 341.
CAPTURE, defined; illustrated by the case of "The Jonge
Jacobus," 293; legality of, described, 294; what consti-
tutes valid capture, ib.; as to capture within neutral
waters, ib; as to the time when property vests in captors,
ib.; as to continuous capture, 297; actual possession not
essential to constitute a capture, such as to give occasion
to recapture, ib.; is completed by voluntary promise of
neutral master to go into a British port, 298; can only
be made by commissionated vessels, 300; restitution of,
by consent, does not bar a second capture, 301; may be
made by ships themselves incapable of going out on a
cruize, by means of their boats, 302; where convoying
ships may make captures, ib.; on whom the penalty for
wrong doing in capture lies, 303; illegal, indulgently con-
sidered by the court, 305; without commission, accrues
to the Admiralty, 314-(See "JOINT CAPTURE" and
"RE-CAPTURE.")
CARTEL SHIPS, their especial duty not to engage in trade with
the enemy, 64; their privilege described, 65, 66; passen-
gers on board of them must not engage in hostilities, ib.
CASUS FOEDERIS, when it arises, 52.
CHARLES II., order in council of, recited, 314.
CHARTER PARTY, described, 285.
CHASING UNDER ORDERS, what is sufficient to constitute a claim
of joint capture in, 330.
CHEESE, where contraband, 244.
CHINA, position of European merchants there, 28.
CICERO, cited as to debts due to the enemy, 17.
CLARENDON, the Earl of, his explanation as to the policy of
England towards Russian merchants in England, 11.
CLEARANCES, general, inexpedient, 287.
COASTING TRADE, review of the prohibition of, to the enemy,
and its relaxations, 184; of enemy prohibited to neutrals,
182; of the United Kingdom, present statutory limitation
of, 210.
COCKBURN, Sir A., Attorney General, cited as to right of search,
293.
COLLET DESCOTILS, M., cited as to contraband ship timber, 257.
COLONIAL TRADE OF THE ENEMY, communicates the hostile
character to neutrals engaging in it, 41; the grounds of the
prohibition reviewed, 188-194; as to neutrals, ib.; may
not be carried on circuitously, 202; discrimination between
fair importation, and colourable importation, 204; opinion
of Sir W. Grant on the subject, 204-206; specific defini-
tion of, by the Advocate-General (1801), 206; penalty of
illegal colonial trade, 208.
COMBAT AT SEA, under misapprehension, does not give any
claim to either party for damage done, 300.
COMMANDANTS OF TOWNS may, on occasion, raise troops, 3.
COMMERCE OF THE ENEMY, its liabilities in war, 79.
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