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and which they have expressed their intention of continuing to hold, is that no contract of marine insurance will be repudiated by them on the ground that it covers enemy goods, but that all such contracts will be faithfully carried out during war as in time of peace, and I may say further for myself that the position taken up by the English Underwriters is, in my opinion, the only one consistent with honesty and good faith.

INDEX

(A Table of Cases is printed on pp. xi—xiv)

Abrogation of Contract, when takes
place, 63-69; effect of, 69, 81
Affreightment, 83-89, 106-III
Agency, 112-116

Alien, effect of outbreak of war
upon, 20; exclusion and expul-
sion of, 17-18; status of, 16
Alien Enemy, definitions of, 23, 24;
personal and territorial tests of,
23-24; plea of, see procedural
capacity of; position of upon
outbreak of war, 21; repatriation
of, 48-49

Alien Enemy, procedural capacity
of, 26-58; early history of, 26-
31; from 1697 to 1914, 31-45;
during recent war, 46-58; sum-
maries, 43-45, 54-56

Aliens Act, 1905, 17

Aliens Restriction Act, 1914, 21-22,

33, 37, 46, 54

Allied subjects and residents, con-
tracts between allied and enemy
residents, 73-74
Annexation of territory, British
subjects by, 5

Attorney, Power of, 48-49, 70, 73,
113; and see Agency

Branch, 114-116, 122
British and Allies Capture Clause,
1916, 143

British Subjects, classes of, 2-6

Charter-parties, see Affreightment
Children, minor, nationality and

naturalization of, 12-14
C.I.F. contracts, 155-160
Companies, 51, 117-130; effect of

war upon shareholder's contract

of membership, 125-130; test of
enemy character of, 117-125
"Concomitants of the rights of pro-
perty," 69, 150
Constructive Total Loss, 139-147
Contracts, abrogation, see Abro-
gation of Contract; between
British residents (or persons
resident in British, Allied or

Neutral territory), 74-77; be-
tween Allied and Enemy resi-
dents, 73-74; between British
and Enemy residents, 60-73;
between Neutral and Enemy
residents, 73-74; discharge, see
Abrogation of Contract; disso-
lution, see Abrogation of Con-
tract; effect of war on, general
principles, 59-77; executed and
executory, 59 (n.); suspension,
see Suspension of Contract
Coronation Seat cases, 80-81
Corporations, see Companies

Debenture-holders, 130

Delbrück Law of 1913, 1, 14-16
Directors, 130

Discharge of Contract, see Abroga-
tion of Contract

Dissolution of Contract, see Abroga-
tion of Contract

Domicile, definition of, 2; enemy
commercial, effect of having,
153

Executive action in requisitioning,
etc., effect of, 77, 87-98, 160-
162

Frustration of the adventure, 82-
86, 108; clause in marine in-
surance policy, 143-145

German law of nationality, I, 14-16

Habeas Corpus, Writ of, alien ene-
my's claim to, 39, 53-54

Impossibility of performance of con-
tract, supervening, 78-98
Insurance, marine, 135-148; of
life, 148-150; of property, 135-
148

Intercourse with the Enemy, see

Trading with the Enemy
Interest, running of during war,61-63
Internment, effect of, 36-40, 46–48,
52-54

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CAMBRIDGE: PRINTED BY J. B. PEACE, M.A., AT THE UNIVERSITY PRESS

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