COMMERCE.-(continued.) Law of nations as to, in general in time of peace.—(continued.) the reasons that induced Mr. Pitt to enter into a commercial treaty with illegality of interference with commerce between other independent states, no nation may impose regulations in restriction of commerce during each nation may buy and sell with every nation that chooses to deal with to molest a nation in prosecution of her commerce is to violate the law instance where it was so considered regarding Portugal, 76. this common right called freedom of trade, 76. this position not to be considered as authorizing a trade with another for a nation is at liberty to prevent any trade to her colonies, 76, 7. rule ceases when it is provided for by treaty, 78. thus nations of Europe by treaty restrict the commerce of Indian and when any nation makes a concession, she is entitled to annex of the right of a nation to decline commerce with another state, and con- in Europe, no nation prohibits commerce with another nation of the a state has liberty absolutely or conditionally to restrict her own com- she may prohibit import or export of certain commodities, 79. she may institute and augment customs, 79. she may prescribe the manner in which and the places where her own may make what distinctions in commerce, between nation and nation, European nations have exclusively appropriated commerce of their co- right acknowledged by all nations, 79. the authority on which the above rest, 79, 80, 81. usage does not give one nation a right to trade with another, 80.- if a nation desires a commerce not dependant on will of another, she obligation to trade is an imperfect obligation, 80, 81. monopoly of her own colonial commerce by a nation, not repugnant to liberty of commerce doth not preclude a state from allowing more favour of forfeiture and loss of right of action, if an alien be concerned in a pro- and seizing such property is just, 81. how far smuggling invalidates commercial contracts between subjects and of the right to impose or refuse limitations to passage by land of a state, COMMERCE.-(continued.) Law of nations as to, in general in time of peace.-(continued.) of the right to the dominion of sea, and to refuse or limit passage thereon, how freedom of commerce modified by treaties, 106 to 107.-(See relaxation of the law in respect to aliens made in favour of, 132.-(See freedom of, restored to the alien merchants, 147. freedom of, confirmed to the alien, 147. How commerce of nations is affected by war, 377 to 489. 1. How commerce between belligerents and their allies is affected by established rule of law of nations that commerce must cease when unless when otherwise stipulated by treaty, 378. principles on which rule founded, 378. king only has the power of declaring war and making peace, he may remove it, in part, and thereby permit commercial inter- reasons why the king only has power, 379. opinions of Sir W. Scott respecting, 379. insurance by British subject on alien's property ceases to be opera- same rule if a British colony taken by enemy, 380. contracts between alien enemy and subject, how far void, 381, 2. the law regarding cartel ships, 382, 3.-(See " Cartel.") how far commerce of allies in, is prohibited, 383 to .-(See attempts to elude rule, unavailing, 384. all commerce, either direct or indirect, with enemy is prohibited, and goods shipped to neutral countries, for purpose of being otherwise where a neutral subject is the bona fide owner, 385. partnership with neutrals no protection for trade with enemy, case deciding point, 385. decisions at law on this rule, 385 to 386. doubted formerly whether same rule prevailed at law, 385. Lord Kenyon's judgment in the case, deciding the point, 385. no difference whether trade carried on by land rather than water, and it is a misdemeanour at common law to carry corn to an exceptions to the rule, 386. shipment of goods before hostilities declared, 386. case on the point, and Sir W. Scott's judgment, 386, 7. COMMERCE.-(continued.) How commerce of nations is affected by war-(continued.) 1. How commerce between belligerents, &c. affected by war.—(continued.) judgment and case on the point, 387. mere intention to trade illegally not sufficient, 387. but commencement of a voyage towards hostile country is suffi- where goods laden before war, if all possible diligence is used to unless by the licence and protection of government, 388. but the general necessity for a licence exists, 388. the line of conduct to be pursued in order to withdraw property, what circumstance will induce a court to regard a case with in- Query, whether bills drawn in hostile country can be legally passed bills drawn by British prisoners abroad upon this country may be further instance where rule has been relaxed, 391, 2. 2. Of war, and who are to be deemed aliens, and what is an hostile cha- as to hostile character, 395.-(See "Hostile Character.”) as to the character imposed by residence, 399.—(See “ Re- sidence.") by traffic, 405.-(See " Trade.") as to hostile character by particular trading, 408. transfer of property in transitu, 411.—(See “ Transfers in 3. Of the detention, seizure, capture, and confiscation, by belligerents, of embargoes affecting commerce, 415.-(See " Embargo.”) as to seizure of neutral property, 449.-(See "Contraband Com- of the dispensations with the legal effects of war on the commerce king has the power to regulate it, 491. is the arbiter of it, 491.-(See "King.") COMMERCE.-(continued.) How commerce of nations is affected by war.-(cmtinued.) of the dispensations with legal effect of war-(continued.) during war how affected by orders in council, 508.—(See “Orders how affected by our own legislative enactments, 513. in early times commerce received encouragement, 513. thus a person who had made three voyages was to be a thane, 513. balance of trade now considered as a chimera, 514, legislative enactments went either to restrain importation or ex- or to encourage them, 514. the methods adopted to effect these ends, 514, 5. general view of the non-importation law, 517.-(See "Impor-. The facilities to British Commerce, by commercial treaties, 615.-(See " Treaty.") by colonies and foreign companies, 631.-(See " Colony.") Importation and Exportation, how restrained and encouraged, 513 to 615. How affected by the duties of customs and excise, 690 to 847.-(See COMMISSION. a nation having agreed to admit consul cannot reject the king's consular com- otherwise where no stipulation exists, 55. form of English consul, how it varies when sent under treaty or when under consular formerly in Latin, now in English, 56. see divers forms of, Appendix, last volume. of vice consul, signed by consul, 65. expenses of remitting money, &c. by agent falls on debtors, where debt is con- COMMISSIONERS OF CUSTOMS.-(See "Customs.") their duties in regard to fishing vessels, 344.-(See "Fisheries," " Whale when goods not taken out of warehouse, may order them to be sold to pay the must approve the bond and warehouse, before goods can be landed under the may grant permission to certain ships not to unload in London docks, 560.— what ships with West India produce they may order to unload in West India forfeiture for disobedience to the order, 561. may direct East India vessels to discharge their cargoes at Long Reach, 561, 2. must grant licence to ship bounty or drawback goods, 607.-(See "Licence.") may allow ships arriving from Ireland to unload at other than legal ports, 728. COMMISSIONERS OF CUSTOMS.-(continued.) may decide on amount to return, when damage is done to the goods, 758.— may mitigate the forfeiture, where goods are put on board a coasting vessel, and may COMMISSIONERS OF EXCISE.-(See "Excise.") may allow fish to be exported from other than legal quays, 368. have option as to penalty in case of shipping drawback goods which vary from action lies against for refusing to pay drawback, 613. may allow bounty on pilchards to be exported from such ports as they deem judgment of condemnation by, not conclusive as a judgment of court of ex- may order seizures to be restored upon any terms and conditions they deem sales by auction by order of, not liable to duty, 821. summons to witnesses, what sufficient, when issued by, 825. COMMON LAW.-(See "Law of Nations," " Municipal Law.”) jurisdiction of the British seas recognized by, 101.-(See "Sea.") this right has been recognized by foreign treaties, 101. who are natural-born subjects at common law, 110.—(See “Subject,” “ Al- no difference between it and civil law respecting illegality of trade with enemy, COMPUTATION OF TIME.-(See subsequent volumes Index, "Time.") of time in relation to the limitation of actions against officers of revenue, in computing this, the day on which act done to be included, 808. CONDEMNATION.-(See " Customs.") in court of Exchequer sufficient evidence of adulteration of an article, 785. but a condemnation by commissioners of excise is not so conclusive, 786. is conclusive evidence against defendant in an action for the penalty, 823. CONQUEST.-(See "Capture," "War.") denizen may be made by, 122.-(See "Denizen.") if king conquers a country, antenati and postnati are all denizens, 122. |