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CONTENTS.
PREFACE
ON SOME UNSETTLED QUESTIONS OF PUBLIC LAW
PAGE
ix
CHAPTER I.
INTERNATIONAL MARITIME LAW.
Freedom of the Sea-Right of Approach, of Visitation, and of
Search Treaties-Effect of Treaty Stipulations-Public
Ships of War-Detention for Enquiry-Resistance to Search
-Neutral Goods on board Enemy's Merchant-Ship-on
board armed Belligerent Vessel
CHAPTER II.
ENEMY CHARACTER AND DOMICILE.
Hostile Character: how impressed upon Persons and Pro-
perty-Domicile, Actual and Constructive-When Enemy
Character implied-Property embarked in Enemy's Trade
-Residence of Agent-Enemy Character sub modo
CHAPTER III.
TRADING WITH AN ENEMY.
Trading with the Enemy inconsistent with a State of War—
This Rule applied as well to Trade carried on by Sea as to
Commercial Intercourse by Land-Contracts with an Enemy
Void-Insurance of Enemy's Property-Drawing of Bills
of Exchange upon a Subject of the Hostile Country-Sus-
pension of Partnership in consequence of Hostilities-Ex-
ception when there is a License to trade proceeding imme-
diately from the Sovereign
24
53
1
CHAPTER IV.
SAILING UNDER AN ENEMY'S FLAG OR PASS.
Sailing under Enemy's Flag or Passport-English Rule on
the Subject-Flag not conclusive Evidence-Character of
Property, or of the Ship, cannot be changed in transitu―
Equitable Liens on Enemy's Property disregarded by Captors
-Exception to the Rule when Transactions had their Origin
in Time of Peace
73
CHAPTER V.
SHIP'S DOCUMENTS.
Proper Documents necessary to support Character of Neutrality
of a Ship-Spoliation or Concealment of Papers, Effect of:
justifies Capture and Detention-Simulated Papers-Treaty
Provisions-Nationality of a Public Vessel ascertained from
her Flag and Commission
83
CHAPTER VI.
CONTRABAND OF WAR.
Contraband of War-Doctrine of Text-Writers and the
Practice of Nations-Articles directly Contraband—Articles
Ancipitis Usus-Doctrine of Constructive Contraband-
Provision-Destination as affecting the Question of Contra-
band-Articles must be taken in delicto-Goods des-
tined for a Neutral Port not Contraband-Maxim that "the
Offence deposited with the Cargo "-Despatches-Ambas-
sadors in a Neutral Country-the Affair of the Trent—
Penalty, Confiscation of Cargo-Right of Pre-emption—
Neutrals may lawfully sell to either Belligerent.
90
CHAPTER VII.
BLOCKADE.
Blockade, Description of-Its Object-Violation of Blockade
-Convention of 1801--Blockade, when effective-Defini-
tion of Blockade by Grotius-Effect of Accidental Dispersion
of the Blockading Force-Conditions necessary to a valid
Blockade-Regular, Notice or Notoriety essential—Act of
Violation-Sailing for a Blockaded Port-Egress violates
Blockade as much as Ingress-Cargo, how far affected by
Conduct of the Ship-Cases when the Owner of the Ship
and Cargo are different Individuals-License, Effect of
Orders in Council-Violation of Blockade not an Offence
against Municipal Law--Sense in which Contracts to run a
Blockade are "illegal"
CHAPTER VIII.
PROCEDURE IN CASES OF PRIZF. JURISDICTION OF COurts.
Procedure in Cases of Prize-Judicial Proceeding necessary
-Evidence, Nature of Appeal-Mode of constituting
Prize Courts-Operation of Sentences, in rem--Captures
are jure belli consummated by Surrender-Vest primarily
in the Sovereign-Prize is a Creature of the Crown-Court
of Prize unnecessary where a Vessel sails openly under an
Enemy's Flag-Duty to bring the Prize into Port for Adju-
dication, or to destroy-Title to the Vessel as affecting the
Rights of Third Parties-Jus Postliminii-Perductio infra
Præsidia-Twenty-four Hours' Possession-Property in
Prize after Adjudication relates back to Capture-Mesne
Assignments-Case of the Prize lying in a Neutral Port-
A Prize Court of one Belligerent cannot sit in the Dominions
of a Neutral-Cases in which the Interference of a Neutral
Power is justifiable to devest Possession--Capture within
Neutral Territory as between Belligerents rightful-Possible
Conflict of Jurisdiction between Neutral and Belligerent
Prize Courts
120
180