ports, List of.

Brunleger, Dissert, de Occupatione
Bellica, 685, 689.

Brusseau, Contract Social, 143.
Brutus (Decius,) 704.

Buckingham (Duke of,) Memoirs of
Court and Cabinet of George III., 165.
Bulstrode's Reports. See Reports, List
of.

Buonaparte. See Jerome Bonaparte
and Napoleon I.

Burlamaqui, Principe de Droit de la
Nat. et des Gens, 687, 691.
Burke, Letters on a Regicide Peace,

47, 72, 82. Appeal from the Old to
the New Whigs, 103. Works of, 143.
Burrow's Reports. See Reports, List of.
Bynkershoek, Quæstiones Juris Pub-

lici, 6, 7, 10, 11, 12, 14, 22, 23, 35,
67, 70, 71, 73, 75, 103, 113, 114, 115,
116, 126, 128, 133, 135, 138, 188,
195, 202, 209, 211, 224, 226, 243,
256, 321, 322, 327, 328, 329, 330,
331, 348, 371, 373, 395, 400, 418,
419, 424, 427, 452, 457, 461, 463,
467, 486, 487, 489, 490, 501, 504,
508, 509, 514, 527, 571, 579, 580,
596, 603, 613, 614, 617, 623, 624
637, 695, 723. De fora Legatorum,
11, 12, 14. Remarks of, upon the
Subject of Recapture, 508. See Re-
capture.

Canada, Possessions in, War with
France respecting Limits of, 85.
Canon Law.

Decretals (1. v. t. vi.), 319.
Extrav. Comm. (1. v. t. vi.), ib.
X. 4. 5. 1.
502.
Canning (Mr.), Speeches of, 215, 216,
217, 218. Letter of, to Sir Charles
Stuart, as to State of Spain, in 1823,
App., 756. Despatch of, on the
same Subject, to Vicomte de Mar-
cellus, App., 758. To Sir C. Stuart
(March 31, 1823,) App., 761.

Con-

struction of Articles of, ib. Speech
of Sir J. Mackintosh, on the capitu-
lation of Genoa, 169–185. Judg-
ment of Lord Stowell in the Case of
the Ships taken at Genoa, 172.
Vessels used as Privateers, not within
Terms of, protecting private Pro-
perty generally, 177. Public Pro-
perty ceded by, but not taken pos-
session of, and afterwards seized by
Privateers, belongs to the Crown, ib.
Of an Island, Rule as to Ships within
sight sharing in Capture of, 493.
Captors, Rights and Duties of, 449.

See Captures. Ditto, in reference
to the Conduct of Suits in Prize
Court, 563. Liable for Damages for
Captures without probable Cause, or
other Misconduct, 57. What is pro-
bable Cause of Capture, 567. Lia-
bility of, for Loss of Prize, ib. Prize
must be sent into some convenient
Port for Adjudication, 569. Treat-
ment of Crew of Captured Vessel by,
569. Captors not bound to explain
Cause of Capture, ib. May chase,
but not fire, under false Colours, ib.
No Right to injure Ship, &c., or
convert, &c., Property on board, 570.
Damages against, for wrongful Cap-
ture, ib. See Damages. Confisca-
tion of Prize, for Neglect or Miscon-
duct of, 572. When Damages given
or refused against, on Restitution of
Prize, 573. See Damages. Where
Compensation given, the Prize being
lost in the Hands of Captors, 575.
Where allowed Costs and Expenses,
although Restitution decreed, ib.
Neglecting to bring in Prize for Ad-
judication. Mode of compelling, 581.
Not permitted to furnish Evidence
in Prize Causes, 589. Further Proof
on Behalf of, in Suits for Prize, 601.
Admission of extraneous Evidence
for, ib. Damages decreed against,
621. Allowance of Freight to, 624.
How paid, 625. See Freight. Sale
or Converston of Prize, before Ad-
judication by, 629.
Captors (Joint). See Captures.

(Non-Commissioned,) Captures
by, 486. Enure, in England, to Lord
High Admiral, 487. Capture by a
Fort manned by a Ship's Hands, 487.
See Captures.
Captures, made before War, illegal,
Without Authority of Sove-
reign, 137. Enure to the Crown,
138. Right of, and Duty of Cap-

136.

tors, 449. What may be captured,
450. What constitutes Capture, ib.
Where Capture may be made, 451.
Treaties with United States, as to
Distance from Coast, within which
no Capture should be made, 455.
Opinions of United States, and of
Lord Stowell, as to Captures made
within Neutral Territory, 456, 457.
To whose Benefit Capture enures,
458. When it enures, 460. Decision
of Lord Mansfield, 462. Duty of
Captor after Capture; and Ports to
which captured Property may be
taken, 466. Courts in which Cap-
ture must be adjudicated upon, 468.
Opinion of Lord Stowell, upon Con-
demnations by incompetent Tribu-
nals, and by Tribunals sitting in
Neutral Country, 470. Invalid Sen-
tence upon, may be cured by subse-
quent valid Sentence, 475. British
Prize Courts, as regards the interests
of Foreigners, do not inquire into
Sufficiency of Sentence passed by
Neutral Court, 476. Defective Title
to, cured by intervening Peace, 476.
Capture made within, and in Viola-
tion of, Neutral Jurisdiction, 477.
Jurisdiction of Neutral, to try Ques-
tions of Captures made within its
own Waters, and brought within its
Ports, 479. Ditto, where captured
Vessel belongs to the Neutral State
within whose Ports it is brought, ib.
Opinions of Jurists upon, 480. Sti-
pulation between France and Eng-
land, in War against Russia, as to
Jurisdiction in Cases of Capture, 482.
Where captured Property must be
at the Time of Condemnation, 482.
Treaties altering, as between con-
tracting Parties, the general Inter-
national Law, respecting the Non-
interference of Neutrals as to Prizes
brought into their Ports, 483. For-
feiture of Title to Prize, by Miscon-
duct of Captor, 484. Made after
Conclusion of Peace, 645. See
Peace.

Capture by noncommissioned Captors,
486. By a Fort manned by Ship's
Hands, 487. Enure, in England, to
Lord High Admiral, ib. Droits of
Admiralty, ib. Illegal by Master of
Merchant Ship; Owners not respon-
sible, 617.

(Joint), Rule respecting Pri-
vateers being merely in sight, gives
no Right to share in Prize, 490. Rule
respecting Public Ships of War

being in sight, entitled to share in
Prize, 491. Exceptions to Rule,
492. Capitulation of an Island, 493.
Joint Chaser lost sight of by Dark-
ness, 494. By Revenue Cutter,
having Letter of Marque, 495. By
Convoying Ship, ib. By Ship's
Boats, ib. By Tenders, 496. By
Ships associated with others in a
joint Enterprise, and under same
superior Officer, 497. Exceptions,
by reason of Separation from main
Body, on distinct Service, ib. By
Transport Ships, 498. By Land and
Sea Forces, 499. By allied Fleets,
ib. By Public Ships of War, Statute
relating to Proportion in which they
are to share, 500. What constitutes
probable Cause for, 564. See Re-
capture.

Cargo, Penal Consequences to, in case
of Breach of Blockade, 405. Com-
plicity of Owners of, with Act of
Master of Ship, 407. What is pro-
bable Cause for Capture of, 567.
Proprietary Interest in, 608. Prin-
ciples of Prize Law applicable to,
ib. Transfer of, in transitu, by Bel-
ligerent, ib. Proprietary Interest in,
by what Circumstances changed,
610. Property purchased by Agent,
612. Retention of Interest in what
Circumstances do not affect, ib.
Same Penalty applied to Allies in
War trading with Enemy, as to
Enemy, 613. Citizen domiciled in
Enemy's Country, withdrawing his
Property on account of War, must
do so within reasonable Time, ib.
Vessel taking on board a Cargo on
Pretence of Ransom, ib._Vessel
carrying, sailing under Enemy's
License, 613. To found Claim to,
Neutrality must be proved from the
Time of Shipment to the Time of
Sale, 614. How far Owners of,
bound by Act of Master of Ship,
614. When Master of Ship deemed
Agent of Owners of, 615.

Freightage for, Allowance of, in case
of Capture (see Freight), 622. When
there has been an Unlivery of, ib.
When Freight deemed to be a charge
upon, 624. See Freight.
Unlivery of. See Unlivery. When
permitted, 631. Causes of Necessity
for, ib. Commission for, ib. See
Commission. Commission of Ap-
praisement, 632. See Appraisement.
Expense of, by whom borne, 633.
Sale of Cargo, when ordered ib.

Commission for Sale and Appraise-
ment, 633. See Appraisement &c.
Delivery of, on Bail, 634. Liability of
Sureties, ib. Expense of, by whom
borne, 635.

Carnarvon (Lord), 673.
Cartel Ships, 161. Privileges and
Immunities of, to be held sacred,
161. Actual Existence of War, not
necessary to their Employment, ib.
May be employed in Anticipation of
War, 162. Privileges of, confined
to Belligerents, ib. Must be pro-
tected in their Office eundo et rede-
undo, ib. Privileges of, not confined
to the Object of negotiating for Ran-
som of Prisoners, ib. Must not
abuse Privileges, 162. Must not
trade or take in Cargo, ib. Prison-
ers on Board Cartel Ships must do
no Act of Hostility, 163.
Carthew's Reports. See Reports, List

of.

Casaregis, Discursus of, 407, 563.

Cases cited. See List of, at Beginning
of Volume.

Castlereagh, Lord, 185.

Causæ Belli justificæ, App., 756.
Chalmers, Collection of Treaties, 84,
88, 260, 263, 265, 277, 547.
Charles VIII. (of France), Invasion of
Italy by, and seizure of Arragonese
Debts, 706.

Chaser (Joint). See Captures, Joint.
Chatham (Lord), 87. Speech of, on
Employment of Savages as Merce-
naries in Time of War, 142.
Chavelin (M.), French Minister, 93.
Letter of Lord Grenville (December
31st, 1792), dismissing, App., 753.
Cheese, considered as Contraband. See
Contraband Provisions, &c.
Christian V., Maritime Law of, 516.
Cicero, De Leg., 69. De Republ.,

534. Epist. ad. Fam., 640, 740.
Epist. ad Atticum, 704. Epist. ad
Brutum, 704. Topica, 685.
Circuit Courts (of the N. A. United
States), Jurisdiction of, 542.
Civil War, Effect of Conquest in, upon
Allegiance of conquered Subjects, 739.
Claim. See Claimants.

Claimants, Rights and Duties of, in
respect to Conduct of Suit in Prize
Courts, 582. Subject of Enemy
cannot claim, ib. Preparation of
Claim, 583. Appointment of Proc-
tor for, 584. Entering Appearance
and Claim, ib. Who may claim, 583,
585. How Claim made, 586. Ex-
amination of Ship's Papers by Claim-
OCTOBER, 1857.—40

ant not allowed, except on special
Order of Court, ib. What is Bar to
Claim, 587. When Prize condemned
for Want of Claim, ib. Amendment
of Claim, ib. Onus probandi in
Cases of Prize, rests upon, 594.
Pleadings in Suit for Prize, 588.
See Pleadings. Evidence of, in
Suits, 590. See Evidence. Farther
Proof, &c. National Character of.
See Domicil.

Clanricarde (Lord), 235.
Clarendon (Lord), Life of, 439. Let-
ter of, to Sir H. W. W. Wynn, as to
the Throne of Denmark, App., 802.
Clarke & Finelly's Reports. See Re-
ports, List of.

Clerk's Praxis. 570.
Clinton (Sir Henry,) 150.

Coal, considered as Contraband, 36.
See Contraband.

Coasting Trade. See Colonial and
Coasting Trade.

Cocceius, de Postliminio in Pace et
Amnestiâ, 641, 645, 692, 699, 705.
Grotious illustratus, 641,
651, 652, 682, 685, 686, 692, 703,
704, 735, 736, 744.

Code. See Roman Law.
Code de Commerce (by Sautayra,) 580,

des Prises, 523, 585, 629, 633.
Coke's Reports. See Reports, List of.
Institutes, 563. Commentary upon.
Littleton, 740.

Collectanea Maratima (Robinsons,)
468, 569, 587, 588, 590, 591, 593,
629.

Colonial and Coasting Trade.-Neu-
trals carrying on with Belligerents,
in Time of War, a Trade from which
they are prohibited in Time of Peace,
298-314. Origin and Introduction
of Rule of 1756, respecting Opinion
of Judge Story and Mr. Wheaton,
299. Trading between belligerent
Mother Country and her Colonies,
301. Freight to Neutrals carrying
Enemy's Goods, upon Capture, 301.
Neutrals trading with the Colonies
of the Enemy, 303. Penalty on
Neutrals for Breach of Rule of 1756,
306. Objections and Complaint of
United States against Rule of 1756,
306-310. Opinion of Jurists as to
Rule, 307. Examination of Treaties
relating to Subject, 308. Trading
between a Port of Neutral's own
Country and a Port of Belligerent
Country, 310. Ditto between Ports
of Belligerent, but with Cargo of
Neutral's own Country, ib. Deci-

sions upon the Subject in British
Prize Courts. See List, 312.
Colonies (North American) of Great
Britain, Alliance of France with,
during Revolt of, without Declaration
of War against England, 90.
Colours. See Flag.
Columbia, Treaty with United States
of North America (1824,) 292.
Ditto with Holland (1829,) relating
to Captures, 484.
Commission, Recapturing Vessel need
not hold, to entitle her to Salvage
on Restoration, 523. See Recapture.
for Unlivery of Cargo,
usually directed to Marshall, 631.
of Appraisement of Cargo.

See Appraisement.

of Inspection of Ditto.

See Inspection.

for Sale of Ditto. See

Sale.
Common Law and Equity Reports.

See Reports, List of.
Compensation for Property confiscated,
Right of Foreigners, &c., to claim,725.
Concluding Remarks of Author, 746.
Concordat, between Austria and the
Pope, Preface, p. iii.

Condemnation, of Prize, for want of
Claim, 587. See Capture. Sen-
tence of, in Prize Courts, 621. See
Sentence.

Confiscation, Right of, of Debts of Ene-
my, 132. Private Debts of ditto,
132. Of immovable Property, 134.
Of prize, as against Captors, for Ne-
glect or Misconduct, &c., 572. Of
incorporeal Things, of Debts, &c.,
by Conqueror, 685. Of Debt due
from the Thessalians to the Thebans,
by Alexander the Great, 700. Case
of Antiochus, King of Syria,-War
with the Romans and Rhodians, 703.
Case of the Dyrrachium Debt, due
to Caius Flavius, by Cæsar, 703.
By Pisan Government, of Debts due
to Florentine Subjects, 705. Of the
Arragonese Debts, by Charles VIII.
of France, 706. Of Debts and Do-
minions of Hesse-Cassel, by Napo-
leon I., 708. Decisions of English
Courts respecting Right of Confisca-
tion of Public and Private Debts,
720. Compensation to Owners of
Property confiscated, Right of For-
eigners, &c., to Claim, 725.
Congress (American,) Ordinances of
(1781,) relating to Breaches of Block-
ade, 400. Journals of, ib. Documents
of, 479.

Conqueror, Power of, over incorporeal
Things, 685. Power over Docu-
ments of Title, or Securities for
Money, 688. Power over Debts
due to Enemy, 690. International
Practice, as to Power of Conquerer
over incorporeal Things, 700. Cases
illustrative of Power of, ib. Cases
of Debts and Domains of Hesse-Cas-
sel, 708.

Conquest (of Territory) distinguished
from Occupation, 652, 653, 682.
Definition of, 682. How changed
into established Government, 691.
See also Conqueror. Reconquest
of Country from Enemy, 726. ̄Ef-
fect of, upon Allegiance of Subjects
of the Conquered, 737. Conclusions
adopted by the Supreme Court of
the N. A. United States, as to, 742.
Conseil des Prises, Decision of, in Case
of L'Etoile de Bonaparte, 355. Ori-
gin and Constitution of the, 544.
Exécutif Provisoire, of France,
Jurisdiction of, 544.
Consignee, Interest of, in Cargo, 610.
See Cargo, Interest, &c.
Constable and Marshall (Court of Chi-
valry,) Jurisdiction of Matters of
Booty and Prize, 186-188.

Consul (Neutral,) resident and trading
in Enemy's Country, deemed a Sub-
ject of that Country, 604. See
Domicil.

Consolato del Mare, 245, 247, 256,
506, 507, 528, 563, 622.
Contraband, Definition of, in Treaty
between England and Denmark
(1670,) 275. Neutrals prohibited
from carrying, 315. What is, 318.
Munitions (Military or Naval) of
War, in a completed State, 320.
Neutrals permitting Sale of such
Munitions within its Territory, to
Belligerent, 321. Materials of an
indefinite Character, applicable for
Purposes of Peace or War, 325-
333. Opinions of various Authori-
ties upon the latter, ib. Provisions
considered as, 335. See Provisions.
Unmanufactured Articles, Judg-
ment of Lord Stowell respecting,
350. Cheeses, 353. Biscuits, ib.
Ship Timber, 354. Naval Stores,
ib. Tar, 357. Pitch, ib. Resin, ib.
Sail Cloth, ib. Masts, ib. Anchors,
ib. Hemp, 359. Brimstone, ib.
Copper, ib. Barks, ib. Fir Plates,
ib. Battens, ib. Fire Wood, ib.
Ships, Sale of, by Neutral to Belli-
gerent, for War Purposes, 360.

Metals, 360. Money (Coinage,) ib.
Horses, 361. Ditto, Equipage for,
ib. Gunpowder, and other military
Stores, ib. Engines, and Parts of,
ib. Coal, ib. Doctrine of Pre-
emption, as applied to Cases of, 362.
Despatches of Ambassadors of Bel-
ligerent Nation in Neutral Country,
to their own Government, 368.
Ditto, from hostile Government to
Consuls in Neutral Country, 368-
370. Military Persons, 369. Penalty
for carrying, 371. Treaties relating
to, 374-381. Onus of proving it
Produce of Claimant's own Country,
rests on Claimant, 596. Ship car-
rying, with other Property not, how
far Owners of latter responsible in
case of Capture, 614.
Contracts, with Enemy during War,
void, 108, 159. Public and Private,
between belligerent Subjects, how
affected by War and subsequent
Peace, 666-735.

Conventions, general and particular,
during War, 164. Between France
and England (1854,) as to Captures
made during War with Russia, 482,
512. With Honduras as to Territo-
rial Arrangements, App., 807. See
also Treaties.

Conversations-Lexikon, 709.
Convoy, Conditions in Second Armed

Neutrality, respecting Search of
Vessels under, 286. Ships under,
Liability to Visit and Search, 435.
Provisions in Treaties of Armed
Neutrality (1801,) relating to Matter
of, 443.

(Ship), Right to share in Joint
Capture, 495. Ship sailing under,
Owners of, and of Cargo responsible
for Act of the Master, 615.
Copper, considered as Contraband,
359. See Contraband.
Cornwallis (Lord), Capitulations of
(1782,) 150.

Corporations (Foreign,) their Right
to exercise belligerent Rights, 138.
Power of, to make War, 139. Esta-
blished in Foreign Country, not en-
titled to claim Compensation for
Property confiscated, as subjects of
their original Country to which such
Compensation is to be paid, 726.
Corporations (Alien,) the legal Inca-
pacities and Disabilities of, during
War, 121.

Correspondence, respecting M. Paci
fico's Claims; presented to the House
of Commons (August, 1851,) 31. Re-

lative to the Neutrality of Denmark,
Sweden, and Norway; presented to
Parliament, 1854, 209. Relative to
the Danish Succession, Protocol of
Warsaw (Return to an Address of
the House of Commons (dated 18th
February, 1856,) 654, and App., 796.
Relating to the Marriages of the
Queen and Infanta of Spain (pre-
sented to Parliament 1847,) 674.
Costs and Expenses, when allowed to
Captors, 575, 625. See Damages.
What are deemed necessary Expen-
ses, and allowed, 626. On Acquittal
of Prize, 619. On Restitution, 620.
Allowance of Expenses to Master of
Neutral Ship, 627.

Courtenay's Life of Temple, 309.
Cowper's Reports. See Reports, List of.
Coxe's Life of Marlborough, 226.
Cranch's American Reports. See Re-
ports, List of.

Crew of captured Prize Vessel, Treat-
ment of, 569. Evidence of, 591.
Necessary Witnesses in Suit, 602.
Croke's Reports (temp. Elizabeth.) See
Reports, List of.

(Dr.,) Remarks on Mr. Schle-
gel's Work upon Visitation of Neu-
tral Vessels under Convoy, 245, 258.
Cromwell (Oliver,) Case of Reprisals
against France, during Time of, 24.
Treaty of, with Portugal (1654,)
291, 296, 353. Letter of, to General
Montagu, on the Subject of Visit and
Search, 438. Treaty of Upsall with
Christina (1654,) as to Neutral Ships
carrying Enemy's Goods, 260.
Curtis's American Reports. See Re-
ports, List of.

Cussy (De,) and Martens (De,) Index
Explicatif, 380. Recueil de Traités
et Conventions, 448.

Customs, Payment of Duties on Prizes
and Cargoes brought in, 562.

D.

D'Abreu. See Abreu y Bertodano.
D'Aguesseau, Dissertation sur l'Erreur
de Droit, 56.

Dallas's (American) Reports. See Re-
ports, List of.
Damages, for Capture without proba-
ble Cause or other Misconduct of
Captors, 570. Mode of proceeding
to enforce, 573. Where they are
given or refused on Restitution of
Prize, 573. Where Compensation
given or refused, the Prize being
lost in the Hands of Captors, 575.
Where, although Restitution de-