Further Proof-Order for, in a prize cause, when allowed by the court... 426 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 official, without actual residence.. 126 Of ship, determined by the residence of the owner.. 130 Of ship, by her flag or pass... 130, 135 Of ship, by the nature of her employment. 131 Impressed by employment in the commerce ordinarily confined to the adverse 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 enemies to neutrals, the same being void as 152 Secret liens on property impressed with, not regarded in prize-courts.. 153 153 The general commercial rights of.. Rights of, as to pursuit of accustomed trade... 259 259 Exclusion of, from trade with colonial possessions of the enemy. 260 261 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 262 263 263 267 267 268 270 272 Rights of, in connection with the question of "free ships, free goods," the 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 Treaty stipulations modifying the rule of non-interference by, in cases of capture Rule of liability of registered owner of, not applicable to foreigners. PAGE Prize-Jurisdiction vested in courts of admiralty...... 383 Jurisdiction exclusively 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 complete transfer 385 Decree upon property captured as, final between the parties-open to review 385 Prize Cargo-Unlivery of, pendente lite. 429 When unlivery ordered, and how effected. 429 Expense of unlivery of, by whom paid... 430 Order of appraisement and sale of, when made. 431 At whose expense, sale of, made, pendente lite. 431 432 Liability of bail on delivery of. Prize Commissioners-Their appointment, power, and duties. 433 396 Duty of, to receive possession of prize property.. 397 Duty of, to seal it with their seals, and safely keep the same until process be 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- 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.. Prize, Decree-If no claim be filed on the return of the monition.. Of condemnation on hearing, and effect of.. Of condemnation and proceedings thereon.. Requisites of, considered and determined in the cases of The Revere and The PAGE Rescue-Defined.... Unlawful, by captured crew of neutral merchant vessel-the doctrine consid- 233 233 258 Restitution-Decree of, effect, as to the question of costs and damages.. 421 429 426 41 Decree of, how executed.. Decree of, on recapture.. When decreed, and on what terms as to payment of salvage on recapture. The doctrine of payment of salvage on, considered upon principle. Right of Search-A belligerent right, established by the law of nations.. Penalty for resistance to.. Applied to merchant vessels only.. How exercised... 42 419 41. 42 251 335 335 336 336 Whether merchant vessels sailing under convoy are subjected to the.. 339 340 Exercise of, as claimed by Great Britain for discovery in neutral ships and 343 As involved in the causes of the war of 1812 between the United States and Not due to a public vessel for recapture of another public vessel, by the Privateers in sight not entitled to, when recapture made by a public ship.. The doctrine of payment of military salvage on recapture, considered on prin- The power to declare, where vested under the Constitution of the United War-Formal declaration of, considered requisite in early ages. Formal declaration of, not required by the existing law of nations.. Act of Congress of the United States, declaring the existence of, considered PAGE 4 5 equivalent to a formal declaration... Its legal commencement-when by statute, the date of the act. Effect of, on persons and property... General right of reprisals and captures resulting from. Right of capture and reprisal resulting from, in the middle ages. Right of capture and reprisal resulting from, as modified by treaty.. Rule as to right of capture and reprisal resulting from, in absence of treaty Wisdom of the policy of the belligerent blockade in prosecution of the, rather Objections raised to the belligerent blockade in the prosecution of the. 7 36 37 38 38 39 40 40 41 41 44 45 45 46 47 The Tropic Wind, opinion of Mr. Justice Dunlop. 48 The General Parkhill, opinion of Mr. Justice Cadwallader. 55 The Hiawatha and nine other cases, opinion of Mr. Justice Betts. 67 The F. W. Johnson, opinion of Mr. Justice Giles.. 76 The Amy Warwick, opinion of Mr. Justice Sprague.. 82 The Amy Warwick, on the claim of Dunlop, Moncure & Co., opinion of Mr. 98 |