Brown's Civil and Admiralty Law, 563. | Capitulation, Nature of, 169. Parliamentary Cases. See Re-
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.
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-
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
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.
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'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-
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