INDEX. A. ABANDONMENT, no claim within a year and a day, 51. ABATEMENT, none of suit in rem, 110. ABSENCE, of parties, 110. ACCIDENT, ship driven in by, 118. ACCOUNT, goods on, of third person, 66. neutral, 56. Suit to account for proceeds, 123. ACQUITTAL, rights of recaptors, revert, 85. by interlocutory decree, 112. ACTUARY, bill, 243. return, 242. ADMIRAL, responsibility, 43. ADJUDICATION, monition to proceed to, 45. ADVENTURE, private, 97. AFFIDAVIT, captors', further proof, 57. as to facts within knowledge, 27. must accompany claim, made by parties, if possible, 20. on bringing in papers, &c. 240. sometimes by agent, 20. special, 20. test, 51. AGENT, 66, 67, 68. 71. 74. proceeds in hands of, 123. 125. purchase by, 63. AGREEMENT, privateer, 123. ALIEN, enemy, 57. ALLEGATION, special, not usual, 49. ALLY, 65. See also "French Guiana," 2 Dod. 158. joint capture, 107. 110. not allowed to trade with common enemy, 69. recapture, 80. AMELIORATION, allowance for, 78. ANIMUS revertendi in itinere, 60. APPEAL, court, 5. by interlocutory decree, 111. condemnation by incompetent Court rendered good, 78. joint capture, claim may be interposed on appeal, 108. APPEAL, pending, no distribution, 124. security, 8. APPLICATION, for delivery of property on bail, 22. special, to examine papers to substantiate claim, 20. APPRAISEMENT, manner, 86, 87. ARMED, setting forth, evidence of, 80. ARREST, officer under, entitled to share, 121. ASSESSMENT, costs and damages, 112. ASSIGNEE may sue, 123. ASSOCIATED, 82. 105. ATTACHED by public authority, 117. ATTACHMENT, 34. 113. to enforce bond, discretionary, 90. AUTHENTICATION, none required of papers transmitted by Government, 55. BAIL, sale or delivery on, 88. responsibility, 43. 90. BAIL BONDS, 90, 91. B. BANKRUPTCY of one partner, 113. BARRATRY, 73. BILL OF SALE, 45. 114. proof of purchase, 63. omission of name, 45. 114. BLOCKADE, deviation into blockaded port, presumed service of cargo, binds owner, 71. coming from port under, claimants' expenses refused, 36. 96. commencement, 2 Dod. 284. · going to, justifiable capture, 36, 96. orders before, 74. shipment during, 74. BOAT, joint capture, 104. BOOTY, 115. BOUNTY, 122. BREAK BULK, 39. C. CAPITULATION of island joint capture, 102. effect on national character, 64. CAPTAIN, security for, 44. CAPTOR, affidavit not generally admissible, 57. commissioned, 35. costs entitled to, 36. "" pay, 39. delay, 37. 45. 110. duty, 6. 13, 14. 16. 37, 38, 39. ground need not be stated at commencement of suit, 49. instructions violation, 33. justification, 6. 35, 36. non-commissioned, 35. 116. responsibility, 34, 35, 36, 37. 39. 112. rights, 34. 114. sale, 39. who, 31. 111. CAPTURE, probable cause, 36. cause of, not necessary, though desirable, to be stated at time, 38. nor at commencement of suit, 49. CAPTURED CREW, conduct of, 36. ill treatment of, 32. CARGO, ambiguous, 36. clearance none, 36. in transitu, 64. master when agent, 72. nature of, effect on national character, 58. CARTEL SHIP, not allowed to trade, 117. CAVEAT, 113. CEDED, 56. CHANGE, domicile, during war, 70, course, joint capture, 102. of property by capture only after condemnation, 77. CHARACTER. Vide National. CHASE, 99. discontinuance, 103. joint, 102. night, 103. under false colours, 38. CLAIM, 7. 19. amendment not of course, 21. by whom made, 19. 21. CLAIM-continued. given in, 45. how made, 7. none, 21. 45. 51. supported by oath, 4. 7. time, within a year and a day, 51. CLAIMANT, proceeding, 6. 45. who, 52. CLEARANCE, none, 36. CO-AGENT, 124. COLLUSION, sale, 63. COLONY, 65, 66. 97. COMMISSION, 35. against one enemy, 116. expenses, 89. forfeiture, 32. 37. not issued to be executed in enemy's country, 58. sale, 88. standing, 10. war, 80. COMMODORE, 42. COMPETENCY, witness, 57. But see 3 & 4 Vict c. 66. s. 10. CONDEMNATION, 58. 77. as enemy's property, 58. as droit, 119. by enemy's consul in neutral port, invalid, 77. by interlocutory decree, 114. claim of joint captor after, 108. enemy's property mixed, 52. |