PAGE Captors-Duty of, to send prize into convenient port. Duty of, to put prize master and crew on board of prize vessel.. 393 394 395 395 395 396 Duty of, further considered, under orders and adjudications growing out of the 436 Duty of, as to sending in captured property. Exceptions in case of physical 436 437 Duty of, to have property appraised which is not sent in, but appropriated to 438 Duty of, as to persons captured on board vessels.. 439 Consequence of neglect of duty by, in not sending in captured master, officers, 439 441 441 Duty of, as to treatment of captured persons, considered in the case of The 442 Duty of as to vessel's papers. 442 By privateers... Duty of, as to other papers found on board the prize.. Duty of, as declared in circular of the Navy Department of the United States. Capture-Definition of. By public and private armed vessels.. Authority and power of. To be lawful, must be commissioned. Considered in conflict with the spirit of the age.. 449 450 175 176 176 176 177 178 178 179 185 Invalid as to neutral power, if made in neutral waters-may be valid as be- To be lawful, must be made by public or private armed ships, commissioned.. Vindictive damages for injury resulting from, only given in extreme cases. 200 201 Property subject of, must be sent in to convenient port of captor's country for 201 Duty of captors, on making 202 Duty of prize master and crew, on taking in property, the subject of. PAGE Capture, Joint-Rule and reasons of, in relation to vessels in sight, to constitute.... 211 213 Rule in, as to revenue cutter...... 213 Cases illustrating the doctrine of constructive assistance, to constitute. 214 219 Proof of vessel in sight requisite to constitute.. 220 Mere intimidation without co-operation insufficient to constitute.. 221 221 Whether it can be made by co-operation of army with naval forces. Who are not allowed to make. Until filed, testimony and papers in prize cause, not examinable by claimant.. 405 Delivery of captured property to, on bail, the doctrine in relation to, further con- Requisites of, considered with the recent decisions in the cases of The Empress Rule of right of pre-emption of, instead of confiscation, when and how applied 330 332 Hostile dispatches considered.. 332 Carried in neutral vessel, by the old rule, subjected vessel, as well as cargo, to 333 Treaty provisions as to.... Costs and Disbursements-Nature of in prize proceedings, and how liquidated.. Distribution-Decree of, to follow condemnation and sale of captured property... Decree of, and proportionate interests, as provided by recent acts of Congress Decree of, settling proportionate interests where capture is made by private 415 Decree of, upon what evidence based, and how taken.. 415 416 Decree of how executed under recent act of the Congress of the United States. 46) E. Embargo-Defined.. Warlike and civil... Civil..... Civil, ordered by United States government in 1807.. F. Further Proof-Order for, in a prize cause, when allowed by the court... When not allowed.... Evidence on order for.. How taken, when ordered. H. PAGE 164 165 165 166 168 169 426 427 428 428 Question of national character on, as affected by the flag or pass of the ship.. 410 Questions on, as to violation of blockade, of contraband trade, of prohibited commerce, of resistance to search... 412 Hostile Character-Impressed upon persons and property, subjecting to the liabilities of Doctrine in the United States as to impression of, by the nature of the traffic. 125, 127 Impressed by employment in the commerce ordinarily confined to the adverse belligerent 133 Impressed by engagement in traffic under authority of the adverse belligerent. 134 138 Reservations of risk, to avoid the rule of impressment with. 141 Unsuccessful attempts to evade the rule of impression with, made by neutrals, PAGE Hostile Character-In the case of The Amy Warwick... 151 Not terminated by transfers from onemies to neutrals, the same being void as in fraud of belligerent rights.. 152 Secret liens on property impressed with, not regarded in prize-courts.. 153 153 153 154 155 156 Neutrals-Who are considered..... The general commercial rights of. The Crenshaw... The Delta.. The Arcola. The Amy Warwick.. N. Rights of, as to pursuit of accustomed trade.. Exclusion of, from trade with colonial possessions of the enemy. Confiscation of property of, for employment in enemy's colonial trade, by for- Cases illustrating the application of the rule of admission of, to colonial trade in Rights of, in connection with the question of "free ships, free goods," the 259 253 259 260 261 262 263 263 267 267 268 270 272 274 Jurisdiction of, inviolable by belligerents.. 346 Captures made in waters of, unlawful.. 347 No power to release captures made beyond the jurisdiction of, when taken into 348 Treaty stipulations modifying the rule of non-interference by, in cases of capture 348 Rule of liability of registered owner of, not applicable to foreigners. PAGE Prize-Jurisdiction vested in courts of admiralty..... 383 Jurisdiction oxclusively in courts of the captor's country. 384 Property captured as, need not be in a port of the captor's country, to give the 385 Decree of condemnation of property captured as, requisite to completo transfer 385 Decree upon property captured as, final between the parties-open to review 385 Duty of, to receive possession of prize property.. Liability of bail on delivery of.. Prize Commissioners-Their appointment, power, and duties.. Duty of, to seal it with their seals, and safely keep the same until process be 433 396 397 397 Duty of, to receive papers found on board from the prize master, to take his .. 397 Duty of, to take the testimony of the witnesses, and rules as to the examina- tion of (vide interrogatories in the Appendix). 398 Duties of, prior to recent legislation by United States Congress.. 452 Duties of, considered with reference to the act of Congress of March 25th, 452 Prize Courts-Letter from Sir William Scott and Sir John Nicholl to Mr. Justice Story, in relation to jurisdiction of, and practice and proceedings in (vide 386 Notes of Mr. Justice Story, in Wheaton's Reports, in relation to jurisdiction of, 386 Extent, character, and peculiarities of jurisdiction of. 388 Prize, Decree-If no claim be filed on the return of the monition. Requisites of, considered and determined in the cases of The Revere and The |