INDEX.

A.

ALIEN ENEMY

ii. 274

cannot maintain a suit in the Municipal Courts of England
may maintain suit in Admiralty Court, when protected by
license
ALLEGIANCE

i. 41

due from all persons in a country except ambassadors, sovereign
princes, and prisoners of war

AMBASSADOR AND PUBLIC MINISTER,

credentials essential to .

cannot be required to disclose their instructions
reception of cannot be refused without just cause
arising from exceptions to the person sending
the person sent

or the subject of the mission

may be dismissed for just cause

i. 40, et seq.

when received unconditionally entitled to all privileges

i. 78, et seq.

i. 78

i. 80

i. 89

i. 89

when allowed to accept an appointment from sovereign to whom
accredited taken to waive privileges inconsistent with its
duties

orders of, four

precedence in each order according to date of notification of

functions cease by death of sovereign accrediting or to whom

but not to those whose service is merely colourable i. 121, et seq.
cannot exercise jurisdiction over his train without consent of
both sovereigns

i. 126

i. 120

accredited

extend to all his train and servants

AMBASSADOR AND PUBLIC MINISTER-continued.
houses of not privileged as sanctuaries without local cus-
i. 127 et seq.

tom

privileged for religious services, so far as regards himself,
his family, and train

ARBITRATOR,

i. 129

award of, when final and confined within the limits of the sub-
mission, conclusive

i. 186

unless collusive

i. 186

when the matter referred is territorial, he cannot determine
possession as distinguished from property

ASYLUM,

right of independent states to grant

ambassador's house not, except by custom

. i. 186

i. 58

i. 78

BARBEYRAC,

erroneous principles of

BLOCKADE,

B.

i. 28

cannot be imposed or extended without sovereign authority ii. 178

such authority delegated to commanders

stations

must be maintained by an adequate force

commences from the time that such force is stationed

a single frigate may be sufficient

on distant

ii. 178

ii. 179

ii. 179

ii. 180

ii. 179

ii. 180

blockading ships may be stationed at various distances
internal communications not affected by

raised in law, when unprivileged vessels are not excluded. ii. 180
raised where blockading ships are driven off by a superior

force

ii. 182

not raised or suspended when they are driven off by weather ii. 181
accompanied with notification presumed to continue till notifica-

Berlin and Milan decrees, and British Orders in Council,
illegality of

presumption of law that notification to official persons has
reached all to whom it was their duty to communicate it ii. 188
presumption does not arise till reasonable time for com-
munication has elapsed

notification confined to the ports specified

does not affect neutral waters

notice of actual,

. ii. 188

ii. 189

ii. 189

anything affecting the party with knowledge amounts to ii. 190
proof of such knowledge sufficient under American treaty ii. 190
may be proved by direct or circumstantial evidence
ii. 190, et seq.

presumed in law where a vessel comes out of a blockaded
port

vessels going in entitled to notice.

ii. 191

ii. 191

ii. 191

presumed from notoriety arising from time, &c.
secus, where vessels sail from a country likely to with-
hold information, and having no diplomatic intercourse
with their government

ii. 193

BLOCKADE-continued.

notice of actual-continued.

extending to ports not blockaded, bad altogether
breach of

any act done with intent to enter amounts to

ii. 193

ii. 194

sailing with intent to enter amounts to . ii. 194. 197, et seq.

though in ballast

secus, where intent abandoned and course changed
going to the mouth of the blockaded port amounts to

misinformation of foreign minister no excuse

secus of misinformation of British fleet

entry through unavoidable necessity, justifiable

ii. 195

ii. 203

ii. 196

ii. 199

ii. 196

ii. 195

ii. 202

ii. 203

coming out of a blockaded port in ballast, or with a cargo
laden before the blockade commenced, does not
amount to

secus, where a ship came out in ballast, and picked up
a cargo which had been sent out in lighters
purchase of an enemy's ship in a blockaded port illegal
secus of purchase of neutral ship by a neutral
license to enter implies license to come out again
penalty of breach,

. ii. 202

confiscation of property of all who are privy, by themselves
or their agents.

the ship is bound by the acts of the master
where the blockade is known at the port of shipment, the
master becomes agent for the cargo

ii. 194

ii. 205

where the blockade is known to the owner of the cargo, the

shipper is his agent

ii. 206

where there is a breach of faith in the agents, the owners
must look to them for indemnity

ii. 206

where a cargo is ordered without notice, time for counter-
mand is allowed

ii. 205

a fraudulent deviation to a blockaded port, with false
excuses, is conclusive against the cargo

when the port of destination is blockaded, the law presumes
it to be the port of delivery

ceases where the blockade is raised before the ship sails, or

goods on board an enemy's ship are presumed to be enemy's
property

ii. 98. 138

CAPTURE, RIGHT OF-continued.

but neutral goods on board an enemy's ship are not confis-
cable

ii. 138
[unless the ship is commissioned. See Search, Right of.]
a neutral ship is not confiscable for carrying enemy's goods, but
only liable to be brought in for adjudication of the goods ii. 139
by treaty between England and France goods take their cha-
racter from the ship, except contraband

ii. 140
and except goods put on board an enemy's ship before or
within certain periods after the commencement of war ii. 141
the Dutch treaty contains similar provisions
by the Portuguese treaty goods take their character from the
ship

ii. 142

ii. 144

nor to Portuguese ships engaged in an illegal trade
nor to Portuguese goods shipped in an enemy's vessel before
contemplation of war

the Portuguese treaty does not extend to ships not the pro-
perty of Portuguese

ii. 144

ii. 145

ii. 145

resistance to capture renders a neutral ship and cargo confis-

cable

ii. 146

but neutral property on board an enemy's ship is not affected
by an attempt of the master to seize his captor's ship ii. 147
a neutral master is not bound to navigate his vessel for the
captor

ii. 147

ii. 147, et seq.

the capture of ships within three miles of neutral coast is illegal,
and restitution is due if a claim is made by the neutral sove-
reign
but the enemy cannot take advantage of the objection ii. 147
nor can the claim be maintained by a neutral sovereign who has
not maintained perfect indifference between the contending
powers

COSTS AND DAMAGES,

ii. 149

a captor is entitled to his expenses, where there is probable
cause of seizure

ii. 163, et seq.

ii. 166

ii. 160

but may forfeit them by subsequent misconduct
a neutral master is allowed his expenses when the cargo is con-
demned, but the captor's expenses have priority
where a seizure is justifiable a captor is only responsible for due
diligence
166. 173. 175
where a ship justifiably captured, but not liable to be con-
demned, was lost by the culpable negligence of the prize
master, restitution in value of ship and freight was decreed ii. 157
where a seizure is not justifiable he is liable for all damages ii. 166
he is liable for loss occasioned by sending his prize to an incon-
ii. 164. 168, et seq.

venient port

is liable for demurrage in case of unjustifiable delay in
ceeding to adjudication

ii. 170
for loss of the ship where he refuses to take a pilot ii. 167
but not when there is a regular pilot on board. ii. 167
is liable for unnecessary severity towards the crew of the
prize

is liable for deficiency of cargo

. ii. 171

ii. 172

. ii. 172

but not for goods stolen from a warehouse after commission
of unlivery without negligence on the part of himself or

his agent

CAPTURE, RIGHT OF-continued.
where a ship is unjustifiably destroyed, a captor is respon-
sible

.

ii. 177、

secus, where a license which would have protected the ship was
concealed by the master

ii. 176

an admiral not privy to the act is not responsible for the
wrongful destruction of a vessel by one of his captains ii. 174
part-owners of a privateer are each responsible for the whole
amount of damages, and not each merely for his pro-
portion
ii. 174
claim to costs and damages is extinguished by accepting an
unconditional release of the vessel
ii. 173. 304

freight

a captor is entitled to freight on a neutral cargo in an
enemy's ship when the cargo is brought to its port of
destination
ii. 161, et seq.

a neutral ship whose conduct has been neutral, is entitled
to full freight on the condemned cargo

ii. 153

is forfeited by unneutral conduct.

ii. 159

is not given to ships engaged in the enemy's coasting

trade

ii. 154

ii. 155

is postponed to captor's expenses in the case of ships
trading between the ports of allied enemies
due to a vessel of a country becoming an enemy is forfeited
to the Crown

ii. 155

a ship captured on her return voyage and recaptured, is
not bound to wait an unreasonable time for the restitu-
tion of the cargo, and is entitled to full freight subject to
salvage, though she sails without the cargo

ii. 156

ii. 156

a ship captured on her outward voyage, and recaptured
and brought back to her port, is not entitled to
a ship and cargo protected by a license destined to London
and captured, and brought to Plymouth, was ordered to
be restored with freight and expenses on her arrival at
the port of London
where a ship and cargo are both restored, full freight is
not due where the ship through distress or embargo, not
affecting the cargo, cannot continue her voyage

ii. 157

ii. 158

a master is entitled to full freight where the owner of the
cargo has taken out a commission of unlivery, though the
master refuses to take the cargo on board after resti-

tution

ii. 157

is due on decree of restitution in value, though the owner
of the ship is owner of the cargo

ii. 172

where a ship is decreed to be restored with freight, and the
cargo is of a perishable nature, the Court will decree the
sale of so much as is necessary to pay freight

ii. 157

where the cargo is insufficient, the captor is not liable
without misconduct

ii. 157

freight is to be estimated on the footing of a fair mercantile
profit

ii. 160

CARTEL,

privilege of, does not commence till the ship has actually

acquired that character

is confined to belligerents

ii. 30
ii. 34

VOL. II.

EE