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Distinction between privateers and letters of marquo 186

Registered owner of privateer the person liablo 186

This rule not applicable to foreigners 187

Liability of owners of privateers 187

Basis of liability 187

Limitation of liability 187

Owners liable jointly and severally 183

Privateers not considered private property on capitulation 188

Limitation of the authority of letters of marque by the law of nations 189

Legality of captures dependent on government orders 189

Intention to seize requisite to a valid capture 189

Capture in neutral waters valid as between belligerents 190

Question of time of capture considered 190

And whether actual possession necessary 190

Liability for mistakes in engagements with friendly vessels 194

Lawful captures—only by public armed vessels or private armed vesselB commissioned 194

Capture by boats belonging to men-of-war 195

Restitution no bar to a second capture 196

Lawful capture by a convoying ship 197

Wrong-doer only liable for illegal capture 198

"Vindictive damages never given but in extraordinary cases 200

Prize property subject only to visible and immediate encumbrances.. 201

Prize must be sent to convenient port 201

Rule as to this 201

Duty of captors on arrival 202

To proceed forthwith to adjudication 202

Prize master and crew 203

Joint-capture.—Doctrine of constructive assistance 204

Vessels in sight 205

Doctrine of constructive assistance as between public and private armed vessels 209

The rule 211

Tho reasons of the rule 211

Joint-enterprise as affecting the question of constructive assistance 213

Rights of revenue cutters as joint-captors 213

No joint-capture when in sight only from the masthead 219

The being in sight to be affirmatively proved 220

Mero intimidation, without co-operation, insufficient to establish rights as joint-captors 221

Nor met e association - 221

Unless in a direct military capacity 221

Whether army forces can be entitled as joint-captors with naval forces 226

Material service requisite 226

Rights of joint-captors not vitiated by tho fraud of actual captors 228

Previous concert, sufficient basis to entitle as joint-captor, if not abandoned at the

time of capture 230

Recapture And Rescue.—Defined and distinguished 233

To recapture—a duty 233

To rescue—a meritorious act 233

Postliminium.—The right considered 234

To change property in favor of vendee 234

Sentence of condemnation necessary 238

Termination of the rights of postliminium 239

Tho right of postliminium by the laws of the United States 240

Salvage.—Right of salvage on restitution by recaptors 241

Rate of compensation 241

Salvage in cases of rescue as well as in cases of recapture 242

No commission requisite for recapture 242

Nor to entitle to salvage 243

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