Imágenes de páginas
PDF
EPUB

NEUTRAL RIGHTS AND OBLIGATIONS-continued.

The Alabama Case-continued.

The Geneva Award, 369.

The damages awarded, 371.

Indirect claims, 371.

[blocks in formation]

Supply of coal to warships, 377.

Illegal augmentation of forces, 62, 373, 378, 381.
Restoration of prize by neutral state, 62, 378, 380.
Breaches of, in 1870..382.

The Twenty-four Hours Rule,

Generally, 379.

Evasion of, by Federal warship, 379.

Augmentation of Forces of Belligerent Vessels,

Generally, 380.

Neutrals may legally permit, 380.

But equipment must be limited, 380.

Illegal,-effect on subsequent captures, 380.

Neutral obligation to restore prizes, 378, 380.

Assistance to Belligerents,

Generally, 381.

Neutrals may impartially render, 382.

The Gauntlet case, 382.

May be granted under previous treaty, 383.

Loans to belligerents, 384, 413.

Insurance,

Contrary to municipal law, is void, 384.
Lawful, of trade open to neutrals, 384.

NEUTRALITY, ARMED, OF 1780..88, 147.

NEUTRALS,

Complaints of, 324.

May purchase condemned prizes, 131, 318, 322.

Must trade straightforwardly, 240.

Rights and Obligations of. [Vide NEUTRAL RIGHTS, &c.]

NON-COMMISSIONED CAPTORS, 133, 136.

OBJECTIONS TO TREATY OF PARIS. [Vide DECLARATION.]

OBLIGATIONS, BELLIGERENT, 311.

OWNERSHIP, 15. [Vide also DOMICILE.]

Colourable transfers of, 20.

Test of, 21, 25.

OWNERSHIP-continued.

Transfer of, during transit, 22.
must be absolute, 23.

in neutral port, 25, 271.

Interlocutory sales, 323.

Joint ownership, 18, 359.

Vesting of, in prize, 59. [Vide PRIZE.]

Ship and cargo, same ownership (false papers), 224.
Taint of contraband, 189, 200.

PACIFIC BLOCKADE. [Vide sub BLOCKADE.]

PACIFICO CASE, 122.

PAPERS,

Must be produced and in order, 152, 219.
The subject generally, 219.

Consequence of defective, 219.

Irregularity with misconduct, 220.

Irregularity without misconduct, 220, 228.

Spoliation and destruction of, 220.
If obviously fictitious, 221.

False destination, 221.

False papers to support contraband, 221.
If some doubtful and some false, 222.

Irregular, are only evidence of criminality, 222.

Discrepancies between affirmations and papers, 223.
How innocent cargo affected, 223.

How innocent ship affected, 223.

If ship and cargo under common ownership, 224.
Master must withhold nothing, 224.

Alternative destinations: general clearances, 224.
List of necessary papers, 224-228.

Re Attempted breach of blockade, 117.

Insurance,

Neutral warranty implies regularity of papers, 228.
Consequence of defective papers, 228, 229.

Treaty-papers must be carried, 230.

but not every document ordered by belligerents, 230.
but cargo not responsible for ship's papers, 230.

Leave required to carry false papers, 231.

Neutral warranty:-the American view, 231.

PARIS. [Vide DECLARATION OF PARIS.]

Silk locked up in, 41.

PARTNERSHIPS. [Vide CONTRACT.]

PART-OWNER. [Vide OWNERSHIP.]

PASSPORT. [Vide LICENCE.]

PEACE,

Capture after conclusion of, 64.
Defective title cured by, 318.

PERFORMANCE, substituted, 429.

PERILS OF THE SEAS,
Torpedoes, 84.

Re Charter-party, 414.

PETER THE GREAT, 254.

PILOTAGE INTO ENEMY PORTS, 271.

PIRACY, 433.

PORT OF DISCHARGE, capture at, 82.

POSTLIMINY. [Vide also RECAPTURE.]
Definition, 126.

As regards prisoners of war, 126.
The ancient law, 127.

Conflicting usages, 127.

The British usage, 127.

Effect of these differences, 127.

Prizes converted into public vessels, 128, 377.

Inapplicable if capture effected during peace, 129.

Purchase after lawful condemnation destroys postliminy, 129.
Treaty of peace, effect of, 129.

PRE-EMPTION,

The subject generally, 244.

Provisions, their position, 244-247.

No pre-emption if conduct fraudulent, 245.

Price to be paid, 246.

Captors must not unduly detain property, 246.
Seizure of property about to sail to enemy, 246.
The Naval Prize Act, 1864..246.

Difficult to starve out enemy nowadays, 247.
Pre-emption as a means of self-preservation, 247.
Angary, 247.

Belligerents may requisition neutral property, 247.

The British vessels sunk to block the Seine at Rouen, 248.

Award of compensation for loss of same, 250.

Railway stock seized by the Prussians, 251.

The Genoese corn ship, 39, 251.

Insurance,

Pre-emption is rather arrest than capture, 252.
The Genoese corn ship, 252.

In what cases abandonment is justified, 252.

Underwriters not liable for wages, &c., of crew under detention,

253.

PREMIUM, Return of, re Convoy, 393-396.

PRINCES, Restraint of, 415.

PRINCIPAL, Agent and, 114, 413.

PRISONERS OF WAR,

Captured seamen are, 58.

Treatment of, 58.

Their position on landing, 58.
As regards Postliminy, 126.

L

PRISONERS OF WAR-continued.
On board cartel ships, 294.
Their release in 1667..294.
Release of (Treaty of Paris), 294.
Treatment of captured crew, 295.
Illegal sentence on, by aliens, 295.

PRIVATEERING (AND LETTERS OF MARQUE): PRIVATEERS,
Definition, 91.

Abolished by Declaration of Paris, 27, 98.
Distinction between, and Letters of Marque, 92.

Security to be given by owners, 93.

Duties of masters, 93.

Owners liable for costs and damages, 94.

Commission must be on board, 94.

Prizes must be brought in, 94.

Master must be on board, 95.

not accept concurrent commissions, 95.

Effect of capture without commission, 96.
Non-commissioned captors ?Pirates, 96, 136.

Enlistment of aliens to serve on privateers, 96.

Flag to be carried, 97.

Nations holding aloof from Declaration of Paris, 32, 98.
Declaration of Paris only binding as between signatories, 98.
Former treaties against, 100.

Volunteer Navy may supersede, 29, 100.

Privateers may be visited, 147.

Insurance,

visit and search, 149.

Letters of marque must be sanctioned by policy, 101.

Permission to carry,-how construed, 101.

Permission to cruise,-how construed, 102.

PRIVILEGED TRADE OF THE ENEMY. [Vide also ILLICIT
TRADE and CONTINUOUS VOYAGES.]

The subject generally, 233.

Rule of the War of 1756..233.

Vessels so engaged regarded as enemy transports, 234.

Different view in America, 235.

The Rule superseded by Order in 1854..235.

Ships restored, but freight refused, 235, 239.

Misconduct involves confiscation, 240.

Privileged coasting trade, 239.

Confiscation,

Not complete unanimity as to penalty, 242.

The subject generally, 242, 243.

Effect on freight, 340.

Insurance,

Breach of neutral warranty, 243.

Void, in protection of neutral trade, if privileged, 243, 405.

Privileged trading may be barratrous, 243.

PRIZE. [Vide also sub CAPTURE; PRIVATEERING; and ADJUDICATION.]
At what moment vested in captors, 59.

Carried into neutral ports, 62, 317.

Condemnation of, in neutral territory, 62, 317.

Prize proclamation, 130, 319, 407, 411.

Legal condemnation is title-deed of purchaser, 131, 322.

PRIZE-continued.

But illegal condemnation void, 131.

Recaptured neutral, may be armed for defence, 133.
Captured by non-commissioned vessels, 96, 133, 136.
On inland waters, 133.

Purchased from captors, 134.

Insurable interest in, 407.

Court of ally, 316.

Within territory of ally, 317.

To what port to be brought, 318.

Effect of peace on defective title to, 318.

Right to, vested in sovereign, 319, 407.

Gift to captors, 319.

Right to, how forfeited, 319.

When Droits of Admiralty, 136, 319.

Loss or destruction of, does not preclude adjudication, 320, 330.

Captors must not delay adjudication, 320.

Property in, not changed till legal condemnation, 322.

Purchase by neutrals, 131, 318, 322, 323.

Interlocutory sale of, 323.

In custody of marshal; his responsibility, 335.

Illegal augmentation: Foreign Enlistment Act, 372, 378.
Hospitality to, 376, 378.

Conversion of, into warships, 128, 377.

Restoration of, by neutral state, 378, 380.

After conclusion of peace, 318.

Liability of captors. [Vide ADJUDICATION.]
Effected in neutral waters, 60.

Privateers must bring in, 94.

PRIZE ACT, NAVAL. [Vide NAVAL.]

PRIZE COURT IN TERRITORY OF ALLY, 316.

PRIZE PROCLAMATION, 1854..130, 411.

PROHIBITION OF EXPORT,

Belligerent rights, re Warlike articles, 306.
British enactments, 306.

In 1854..306-308.

Coal, 308.

Insurance,

Effect of prohibition on insurance, 308, 384, 406.

Not permissible in support of municipal breach, 308, 309, 406.

But otherwise, re alien regulations, 308.

But underwriter must be fully informed, 309.

If on mixed goods, 309.

PROHIBITION OF TRADE WITH ENEMY. [Vide TRADE WITH
ENEMY.]

PROOFS

in support of claim, 322.

when further required, 333.

PROPERTY CHANGED BY CONDEMNATION, 322.

PRO-RATA FREIGHT, 67, 415, 428, 423-432.

« AnteriorContinuar »