« PreviousContinue »
neutral, it is settled, that where a person has his domicil, there is his country, whatever may be his country of birth or adoption.
In all cases, the master and crew are presumed Question of to possess the national character of the vessel to acter. which they are attached, during the time of their employment.
A person who remains in a belligerent country As affected by for several years, paying taxes, etc., though his design at first was a mere temporary sojourn, loses his national character.3
A neutral consul resident and trading in a belligerent country, is deemed a belligerent.
The native character reverts at once, upon removal, and indeed as soon as one puts himself in. itinera to his native country, animo revertendi.
A neutral merchant trading in the enemy's coun- As affected by try as a privileged trader, is deemed an enemy, but not if he be engaged in the ordinary and accustomed trade of neutral merchants.5
The domicil of a commercial partnership is reg. ulated by that of the persons composing.
The Vigilantia, 1 Rob., 1; The Endraught, 1 Rob., 19; The Susan Christina, 1 Rob., 237; The Indian Chief, 3 Rob., 23 ; The President, 5 Rob., 277; The Neptunus, 6 Rob., 403; The Venus, 9 Cranch., 253 ; The Frances, 1 Gall., 614; McConnel vs. Hector, 3 Bos, and Pul., 113.
* The Endraught, 1 Rob., 23; The Bernou, 1 Rob., 102; The Frederick, 5 Rob., 8; The Ann, 1 Dod., 221. * The Harmony, 2 Rob., 232.
4 The Indian Chief, 3 Rob., 22; The Josephine, 4 Rob., 25; The Citto, 3 Rob., 38; La Virginie, 5 Rob., 98; The St. Lawrence, 1 Gall., 457.
5 The Anna Catherina, 4 Rob., 119; The Rendsberg, 4 Rob., 139.
• The Viglantia, 1 Rob., 1, 14, 19; The Susa, 2 Rob., 255; The Indiana, 3 Rob., 44; The Portland, "3 Rob., 44; The Vriend
The effect of violation of
and resistance to search.
affecting the important question to be determined at the hearing of proprietary interest.
Allied to the subject of illegal trade, prize courts blockade; of are often required, at the hearing, to determine trade; trade upon the evidence, whether there has been a violaon enemyisi tion or an attempted violation of a lawful blockher colonies; ade, an illegal traffic in contraband of war, a resist
ance to the right of search, an engagement in the coasting or colonial trade of the enemy, or unneutral conduct of any character. These several subjects have been fully reviewed. Some further authorities are here referred to, as well as others relating to the principles adopted by prize courts as to the important question, of the binding character of the acts of the master of the vessel, under various circumstances upon the owner of the vessel or
· The Vigilantia, 1 Rob., 1, 14; The Hoop, 1 Rob., 196; Potts vs. Bell, 8 T. R., 548; The Rapid, 8 Cranch, 155; S. C., 1 Gall., 295; The Alexander, 8 Cranch, 169; $. C., 1 Gallis, 532; The Joseph, 8 Cranch, 451; S. C., 1 Gallis, 545; The Naiade, 4 Rob., 251; The Neptunus, 6 Rob., 403 ; The Danous, + Rob., 255; The Ann, 1 Dod., 221; The Abby, 5 Rob., 251; The Mary, 1 Gallis., 620; S. C., 9 Cranch, 120; The Lord Wellingion, Gallis., 103 ; The Julia, 1 Gallis., 594 ; S. C., 8 Cranch, 181; The Aurora, 8 Cranch, 203; The Hiram, 8 Cranch, 444; S. C., 1 Wheat., 440; The Ariadne, 2 Wheat., 143; The Atlas, 3 Rob., 299; The Sally, 3 Rob., 300, and note a.
2 The Boedes Lust, 5 Rob., 233, 1 Wheat., 389, note, 1 Wheat., 507; app. note 3; The Vrow Judith, 1 Rob., 150; The Adonis, 5 Rob., 256; The Imina, 3 Rob., 167 ; The Mars, 6 Rob., 79; The Rosalie and Betty, 2 Rob., 343; The Alexander, 4 Rob., 93; The Elsebe, 5 Rob., 173 ; The Shepherdess, 5 Rob., 262; The Hiram, 1 Wheat., 440; The Dispatch, 3 Rob., 279; The Niroide, 9 Cranch, 388; The Fanny, 1 Dod., 443; The Vrou Judith, 1 Rob., 150; The St. Nicholas, i Wheat., 417; The Phcerit Ins. Co. vs. Pratt, 2 Binney, 308 ; Oswell vs. Vigne, 15 Last.,
tled to share
When a sentence is pronounced in a prize court, The decree of upon a hearing in the first instance, whether it be and proceedof condemnation, or acquittal and restitution, it is, ings thercon. in all cases, an interlocutory decree, where any thing further remains to be done by the court, after deciding that the property is to be condemned or restored. And first, we will briefly review the subsequent proceedings upon an interlocutory decree of condemnation.
Condemnation being decreed, the next question Who are cap for the prize court to determine is, who are the captors enticaptors entitled to distribution.
in distribution. We have already passed in review the settled principles upon which this question is to be decided by the court; in connection with captures made by commissioned or non-commissioned vessels--public, private or armed vessels--and as to joint-capture, and the principles upon which it is to be determined what is a joint-capture, and who are entitled to share in the distribution as joint-captors.
It is not usual to file a claim of joint-capture be. When a claira fore the interlocutory decree of condemnation; but to be filed, and if it be delayed until after a decree of distribution, established. it is too late-unless it should happen that an appeal has been taken from the decree, when, as matter of favor, it seems that a claim of joint-capture may be admitted.
It is a settled rule of prize courts, that a claim of joint-capture must be made in the ordinary way, by a regular allegation of the facts and circum
70; The Neptunus, 1 Rob., 170; The Hoop, 1 Rob., 196; The Daankbaarheit, 1 Dod., 183.
· Duckworth vs. Tucker, 2 Taunt., 7; The Stella del Norte, 5 Rob., 349; Home vs. Camden, 2 H. Bl., 533.