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Further Proof-Order for, in a prize cause, when allowed by the court...

426

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Question of national character on, as affected by the flag or pass of the ship..

410

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Questions on, as to violation of blockade, of contraband trade, of prohibited

commerce, of resistance to search..

412

Hostile Character-Impressed upon persons and property, subjecting to the liabilities of

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Doctrine in the United States as to impression of, by the nature of the traffic. 125, 127

Impressed by official, without actual residence..

126

Of ship, determined by the residence of the owner..

130

Of ship, by her flag or pass...

130, 135

Of ship, by the nature of her employment.

131

Impressed by employment in the commerce ordinarily confined to the adverse
belligerent.

133

Impressed by engagement in traffic under authority of the adverse belligerent.
Transfers in transitu, to avoid the rule of impression with..

134

138

Reservations of risk, to avoid the rule of impressment with..

141

Unsuccessful attempts to evade the rule of impression with, made by neutrals,

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Hostile Character-In the case of The Amy Warwick..

151

Not terminated by transfers from enemies to neutrals, the same being void as
in fraud of belligerent rights....

152

Secret liens on property impressed with, not regarded in prize-courts..
This doctrine discussed in the case of The Hiawatha..

153

153

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The general commercial rights of..

Rights of, as to pursuit of accustomed trade...

259

259

Exclusion of, from trade with colonial possessions of the enemy.
Reasons for the rule of exclusion of from the enemy's colonial trade...
Consequences of violation by, of the rule of exclusion from the enemy's colo-
nial trade....

260

261

Confiscation of property of, for employment in enemy's colonial trade, by for-
mer rule, penalty not now exacted, except in cases of specific fraud..
Excluded as well from the coasting as the colonial trade of belligerents.
Admitted to colonial trade in time of peace, not excluded in time of war...
Rule of admission of, to colonial trade in war which had been allowed in time
of peace, whence it originated

Cases illustrating the application of the rule of admission of, to colonial trade in
war, which had been permitted in time of peace, and exceptions thereto..
Circuitous trade by, unlawful, where direct trade prohibited...
Penalty for violation of this rule by......

262

263

263

267

267

268

270

272

Rights of, in connection with the question of "free ships, free goods," the
armed neutrality, and position of the United States government on this
subject..

274

Jurisdiction of, inviolable by belligerents..

346

Captures made in waters of, unlawful...

347

No power to release captures made beyond the jurisdiction of, when taken into
the ports of....

Treaty stipulations modifying the rule of non-interference by, in cases of capture

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Rule of liability of registered owner of, not applicable to foreigners.

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Prize-Jurisdiction vested in courts of admiralty......

383

Jurisdiction exclusively in courts of the captor's country.

384

Property captured as, need not be in a port of the captor's country, to give the
court jurisdiction to adjudicate..

385

Decree of condemnation of property captured as, requisite to complete transfer
of title..

385

Decree upon property captured as, final between the parties-open to review
between governments

385

Prize Cargo-Unlivery of, pendente lite.

429

When unlivery ordered, and how effected.

429

Expense of unlivery of, by whom paid...

430

Order of appraisement and sale of, when made.

431

At whose expense, sale of, made, pendente lite.
Delivery of, on bail....

431

432

Liability of bail on delivery of.

Prize Commissioners-Their appointment, power, and duties.

433

396

Duty of, to receive possession of prize property..

397

Duty of, to seal it with their seals, and safely keep the same until process be
issued.

397

Duty of, to receive papers found on board from the prize master, to take his
affidavit of identification, to seal up and file the same..

397

Duty of, to take the testimony of the witnesses, and rules as to the examina-
tion of (vide interrogatories in the Appendix)..

398

Duties of, prior to recent legislation by United States Congress...

452

Duties of, considered with reference to the act of Congress of March 25th,
1862, and judicial construction of the same....

452

Prize Courts-Letter from Sir William Scott and Sir John Nicholl to Mr. Justice

Story, in relation to jurisdiction of, and practice and proceedings in (vide
Appendix)...

386

Notes of Mr. Justice Story, in Wheaton's Reports, in relation to jurisdiction of,
and practice and proceedings in..

386

Extent, character, and peculiarities of jurisdiction of..

Prize, Decree-If no claim be filed on the return of the monition..

Of condemnation on hearing, and effect of..

Of condemnation and proceedings thereon..

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Requisites of, considered and determined in the cases of The Revere and The
Empress..

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Rescue-Defined....
A meritorious service...

Unlawful, by captured crew of neutral merchant vessel-the doctrine consid-
ered with reference to the case of the Emily St. Pierre....

233

233

258

Restitution-Decree of, effect, as to the question of costs and damages..
When costs and damages are allowed to claimants on decree of.
When costs and damages are allowed to captors on decree of..
How damages ascertained on decree of..

421

429

426

41

Decree of, how executed..

Decree of, on recapture..

When decreed, and on what terms as to payment of salvage on recapture.
As fixed by statute of the United States..

The doctrine of payment of salvage on, considered upon principle.

Right of Search-A belligerent right, established by the law of nations..

Penalty for resistance to..

Applied to merchant vessels only..

How exercised...

42

419

41.

42

251

335

335

336

336

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Whether merchant vessels sailing under convoy are subjected to the..
Discussions and collisions on this subject..

339

340

Exercise of, as claimed by Great Britain for discovery in neutral ships and
removal therefrom of alleged British subjects..

343

As involved in the causes of the war of 1812 between the United States and
Great Britain..

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Not due to a public vessel for recapture of another public vessel, by the
English law...

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Privateers in sight not entitled to, when recapture made by a public ship..

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The doctrine of payment of military salvage on recapture, considered on prin-
ciple......

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The power to declare, where vested under the Constitution of the United
States

War-Formal declaration of, considered requisite in early ages.

Formal declaration of, not required by the existing law of nations..
Proclamation of, for guidance of citizens and neutrals...

Act of Congress of the United States, declaring the existence of, considered

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equivalent to a formal declaration...

Its legal commencement-when by statute, the date of the act.

Effect of, on persons and property...

General right of reprisals and captures resulting from.

Right of capture and reprisal resulting from, in the middle ages.

Right of capture and reprisal resulting from, as modified by treaty..

Rule as to right of capture and reprisal resulting from, in absence of treaty
stipulations..

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Wisdom of the policy of the belligerent blockade in prosecution of the, rather
than municipal interdict.

Objections raised to the belligerent blockade in the prosecution of the.
Judicial discussions and decisions of questions in connection with the.

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36

37

38

38

39

40

40

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41

44

45

45

46

47

The Tropic Wind, opinion of Mr. Justice Dunlop.

48

The General Parkhill, opinion of Mr. Justice Cadwallader.

55

The Hiawatha and nine other cases, opinion of Mr. Justice Betts.

67

The F. W. Johnson, opinion of Mr. Justice Giles..

76

The Amy Warwick, opinion of Mr. Justice Sprague..

82

The Amy Warwick, on the claim of Dunlop, Moncure & Co., opinion of Mr.
Justice Sprague....

98

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