JOINT CAPTURE-continued.

a previous renunciation of risk by a master of a privateer
excludes a claim of joint capture

ii. 347

where ships are in sight, under such circumstances that they
can produce neither intimidation nor encouragement, they
are not entitled to share

ii. 347

where a chase was seen over an island from the top masts of
ships at anchor, with their sails furled, and engaged in a strict
blockade, they were held not entitled

ii. 348

constructive assistance by boats will not entitle their ships
a king's ship has no authority to dispossess the actual captor,
whether privateer or non-commissioned

ii. 349

ii. 345

in the case of privateers being in sight, is not enough, the animus
capiendi must be shewn by overt acts

ii. 350

so of revenue cutters

ii. 351

a privateer casually diverting the attention of enemy's ships,
which might have prevented the capture, not entitled to
share

ii. 351

ii. 348

so of a ship or fleet, that diverts the course of an enemy, and
occasions her capture by a distinct force
a claim of joint capture cannot be admitted before condemna-
tion without security for payment to the actual captor of the
claimant's proportion of expenses, costs and damages, nor
after condemnation, without payment of his proportion, and
cause shewn why the claim was not made at or before the
return of the monition

ii. 378

L.

LAW OF NATURE. See International Law.
LIBELS

against foreign sovereigns, &c.

LICENSE

. i. 200

is stricti juris, but not to be construed literally where there is
good faith, and the intention of the grantor has been substan-
tially pursued
ii. 245, et seq.
granted by an admiral void, unless ratified by government ii. 246
trifling informalities will not vitiate

vitiated by want of good faith, or unnecessary departure from

its terms

ii. 250

by alteration of date

ii. 265

to neutral ships, vitiated by substitution of hostile or British

but not where vessels are to all appearance neutral, and

ii. 251

there is no collusion

on board will not protect a vessel unless shewn to apply to it ii. 252
not endorsed till after capture will not protect the vessel ii. 265
to export will protect a vessel returning with the identical cargo,
where exportation defeated

to import will protect a vessel going in ballast for that pur-

pose

ii. 252

to sail under any flag but that of such a nation, excludes
vessels of that nation, though not bearing the national flag ii. 253
to purchase a vessel valid, though agent has without authority
given bond of restitution

ii. 253

LICENSE-continued.

will not enure beyond its specific purport
ii. 253
to British merchants, or their agents or bearers of their bill of
sale, will not protect the property of an enemy. ii. 253, 254
nor the property of other British merchants colourably
consigned to party licensed

ii. 254

to British merchant to import, will not protect the importation
of goods exported by him as a merchant in the enemy's
country

to sail in ballast, vitiated by carrying part of a cargo

ii. 255

to proceed to a port for clearance, vitiated by taking in part of
a cargo there

ii. 256

ii. 257

to import enumerated articles, will not protect articles not
enumerated, though shipped with ulterior destination to
neutral port

ii. 256

to import specific goods will not protect goods not specified ii. 256
party shipping goods not licensed, is not permitted to aver com-
pulsion

ii. 256
for specific cargo from a distant port, will protect a second
cargo of the same species to replace the first damaged in
port

ii. 258

to import in a vessel named or in any neutral vessel, held to
protect its cargo imported in two neutral vessels where the
vessel itself was put under sequestration

ii. 259

ii. 257

to import, will not protect re-exportation
to navigate between enemy's ports, implies a condition that the
navigation shall be subservient to the trade of the grantor ii. 259
will not protect a vessel going to be sold in the enemy's
port

vitiated by change of port of shipment

ii. 260

ii. 260

to import to specified port by specified course, will not extend
to a distinct port reached by a different course
for direct voyage, vitiated by touching at an interdicted port for
orders

secus, where port not known to be interdicted at time of
sailing

ii. 263

tion

conditioned to touch at a specified port for convoy, vitiated by
breach of condition

secus, where deviation was ordered by a British ad-
miral

ii. 264

to import to a specified port, not vitiated by contingent ulterior
destination, not intended to be pursued without license ii. 263
is determined by peace

ii. 266

general, will protect all who act under it in compliance with its

ii. 262

will not extend to a blockaded port, unless specially desig-

ii. 262

267, et seq.

nated

expired, will protect in case of unavoidable delay by violence
of the enemy, or other insurmountable obstacle
inaccurate description will not vitiate, where understood by
grantor

ii. 254

where the words United Kingdom and this kingdom were used
in, the words this kingdom were construed to mean England

ii. 263

N.

NATIONAL CHARACTER,
acquired by domicil.

a merchant domiciled in a country is deemed a merchant
of that country
partners domiciled some in a neutral and some in an enemy's
country, are neutrals or enemies according to their
domicil

domicil is where a person takes up his abode animo
manendi

ii. 40

ii. 37

ii. 36, 37
ii. 40

domicil is presumed to be where a party resides
time is a great ingredient in constituting domicil, and will
fix it even where the original purpose of residence was
special
where the original purpose is permanent residence, recency
of arrival is immaterial

ii. 37, et seq.

ii. 40

not changed by mere intention of removal
person returning home is presumed to return to his native
character

ii. 43

but native character is not revested by returning for a tem-
porary purpose

ii. 44

is revested as soon as a person quits his foreign
residence sine animo revertendi

ii. 44

intention is presumed where a treaty allows time for
removal

or is only prevented from so quitting it by hostile
detention

ii. 44

ii. 45

jus postliminii does not attach where a new character is
acquired by conquest

ii. 45

Eastern traders take their national character from the
factory under which they live and carry on their trade

ii. 42

46, et seq.

acquired by trade

a merchant carrying on commerce in different countries in
time of war has the national character of each in his
respective trades

ii. 49. 78, et seq.

a counting-house is not essential to the character of a mer-
chant

secus, as to shipments made before war

a neutral collecting his debts in the enemy's country, and
investing the proceeds in a cargo for a foreign port, is an
enemy merchant

secus, where exportation is made for the sole purpose
of withdrawing funds without mercantile profit ii. 40
neutrals carrying on fishing trade of the enemy, are hostile
traders
native Dutchman domiciled in Prussia, fishing off the Dutch
coast, and selling his fish in Dutch ports, held Dutch
trader

secus, where he resorted to Dutch ports only for bait,
and sold his fish at sea

neutrals carrying on any privileged trade of the enemy,
hostile traders

NATIONAL CHARACTER-continued.

acquired by trade-continued.

trade from an enemy's country to an enemy's colony,
hostile
permitted from enemy's colony to the country of the
ship

ii. 64

ii. 63

so from one West Indian island to another

ii. 65

trade to enemy's colonies in the East not presumed
illegal
colonial produce that has been bonâ fide imported
neutral country loses its colonial character
secus, where the importation is colourable
though the goods have been landed, and
paid

though transhipped and transit duty paid

of ships; and see Ship.

is generally determined by owner's domicil
flag and pass conclusive against those who adopt them
cannot be changed in transitu

carrying military persons to their duties in an
colony, hostile

enemy's
ii. 94, 95

confined exclusively to enemy's trade, hostile
trading on freight between enemy's ports, hostile
habitually engaged in the coasting trade of the enemy,
hostile

carrying on the enemy's coasting trade with false papers,
hostile

ii. 97

of mariners.

follows that of the country in whose service they are
engaged

follows the national character of the proprietor
on board an enemy's ship are presumed to be enemy's pro-
perty till proved to be neutral

shipped in time of war, cannot change their character in

transitu

ii. 98

ii. 98. 138

contracts of transfer in transitu made in contemplation of
war, invalid

an absolute contract of sale vests the property in the con-
signee

ii. 107

where the contract is defeasible by the vendor, the pro-
perty remains in him

goods sold to an enemy to be delivered at the risk of the
vendor, are enemy's goods during transit
goods shipped by a house of trade in the enemy's country to
a house of trade in a neutral country, though consisting
of the same partners, neutral

where appropriation is revocable, the property is in the
shipper

ii. 108

where consignee is not bound to accept, the property
remains in the consignor

112, et seq.

in case of insolvency of consignee, goods are revested by
countermand of consignor

ii. 107

produce of landed estate while unsold, follows the character
of the country of the estate

. ii. 114

NATIONAL CHARACTER-continued.

of countries.

in case of conquest follows that of the power in possession ii. 115
in case of cession, not changed till possession is changed ii. 115
possession of insurgents, is not recognised by Prize Courts

until recognised by the government of which they are
Courts

NEUTRAL. See National Character; Capture; Search.

ii. 116

PASSPORTS,

P.

to go to such a place implies license to return
to a person by name, includes his necessary attendants
but not his family unless named

not determined by death of the grantor

ii. 29

to be construed according to grammatical sense of the words

ii. 28

granted to a class includes all of that class of whatever degree

ii. 28

ii. 28

ii. 28

ii. 28

ii. 29

i. 199

extends to all places occupied by the grantor

violation of

PIRACY,

depredation on the high sea without lawful commission
may be tried in any country to which pirates are brought
excess of authority by commissioned officers not piracy
robbery or murder on board a national ship not piracy
by municipal law not piracy by international law
acts declared to be piracy by treaty, are piracy by international
law as between the contracting parties, unless jurisdiction
is reserved

i. 179, ii. 150

Brazilian treaty renders Brazilian slave-traders liable to be
treated as pirates by England

has the property in all ships detained by embargo, and con-

demned

ii. 295

so where a British ship is condemned for illegal trade
so of money paid after capitulation to redeem ships not
protected thereby

ii. 295

ii. 296

so of prize taken by custom-house or excise vessels having
letters of marque

ii. 296

so of all ships and cargoes collusively restored without
being brought to adjudication

ii. 298

so of all shares of prizes forfeited by breaking bulk, &c.

ii. 298, 299

so of all prizes forfeited by breach of instructions, or any
offence against the law of nations

ii. 299

so of prize taken by a convoying ship deserting its convoy ii. 299
has power to release before adjudication without consent of
ii. 299, et seq.

the captors