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Limitation of the authority of letters of marque by the law of nations.
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186
187
188
189
190
194
Lawful captures-only by public armed vessels or private armed vessels commissioned 194
Prize property subject only to visible and immediate encumbrances.
Doctrine of constructive assistance as between public and private armed vessels..
The rule...
209
211
The reasons of the rule..
Joint-enterprise as affecting the question of constructive assistance.
Mere intimidation, without co-operation, insufficient to establish rights as joint-captors 221
Nor mere association.....
221
Unless in a direct military capacity..
Whether army forces can be entitled as joint-captors with naval forces..
225
Material service requisite....
226
Rights of joint-captors not vitiated by the fraud of actual captors..
228
Previous concert, sufficient basis to entitle as joint-captor, if not abandoned at the
time of capture
The right of postliminium by the laws of the United States..
Question as to provisions...
328
Pre-emption substituted for confiscation as to provisions..
329
Destined use-important consideration in determining questions of contraband.
Where innocent goods are mixed with contraband, confiscation attaches to all.
Hostile dispatches contraband, subjecting vessel to confiscation.
330
332
And cargo, if owned by the owner of the ship.....
333
Confiscation of entire property, the ancient penalty for dealing in contraband-relaxa-
The right as applicable to merchant vessels sailing under convoy..
336
337
339
Neutral states no power to release captures brought within their jurisdiction.
Treaties on this subject..
OF THE PRIZE JURISDICTION OF COURTS OF ADMIRALTY, AND OF THE PRACTICE AND PRO-
CEEDINGS OF PRIZE COURTS.
Jurisdiction may be exercised while the prize is in a neutral port.
385
Decree of condemnation requisite to complete a transfer of the property.
Rules as to first duty of captors on securing possession of prize.
With prize-master and prize crew, unless captured crew consent to navigate.
Captors prohibited from converting cargo, or breaking bulk..
394
Except in case of overruling necessity..
395
Duty of captors to send in the master and officers and some of the crew of the prize
vessel..
Importance of this rule and the consequence of its violation
Duty of prize-master to notify the admiralty immediately on arrival..
396
And to deliver up papers found on board the prize, with an affidavit that they are in
the condition in which they were found, and all that were found...
THE CLAIM.-By whom filed.
The test-affidavit of claimant.
Not amendable, as of course.
PRIZE COMMISSIONERS.-Their appointment, powers, and duties
To take possession of and place their seals upon the prize property..
To take the testimony of captain and officers and prize crew.
Rules as to examination of witnesses in preparatorio...
THE PRIZE LIBEL.-Its proper form, and by whom filed.
Monition and warrant.
Service and monition.....
Proceedings on the return-day, if no claim be filed
397
400
401
402
403
404
Papers in the registry not examinable until after claim and affidavit filed.
405
DELIVERY OF PROPERTY ON BAIL.
Never allowed before a hearing..
Appraisement and sale of property, if perishable, the rule of prize courts
406
THE HEARING. In the first instance, exclusively on the libel and claim-papers found
on board-and the testimony taken in preparatorio..
Consequence of sentence of condemnation...
Legal presumptions in prize courts, and the burden of proof resulting therefrom.
407
The national character of prize property generally the principal issue..
Sale and distribution-where no appeal and no claim of joint-capture.
414
415
MILITARY SALVAGE.-Its amount in the United States fixed by statute..
Question of allowance of costs, damages, and expenses, on decree of restitution.
How determined....
Order of sale..
How sale effected on order..
Expense of sale-by whom defrayed.
Delivery of property on bail to captors or claimants.
Stipulations and liability thereon..
APPEAL FROM DECREE...
Its effect on the possession or control of the prize property...
ADDENDA TO CHAPTER VI.
FURTHER CONSIDERATION OF THE PRACTICE AND PROCEEDINGS OF PRize courts, sug-
GESTED BY THE ADJUDICATIONS UPON CAPTURES MADE DURING THE EXISTING WAR
IN THE UNITED STATES..
430
431
432
433
435
THE DUTY OF CAPTORS..
As to the property captured..
Exceptions to the rule requiring it to be sent in for adjudication..
436
437
Captured property taken for the use of the capturing vessel or the government, must
be appraised before appropriation...
The amount of appraisal deemed to be in the treasury..
No rule requiring its payment by the government before final decree..
Duty of captors as to the persons taken with the captured property..
General rule to send them in with the prize, as witnesses.
438
439
Overpowering necessity the only excuse for a failure to comply with this rule.
Captured persons not to be separated from, but to be sent in with the prize..
Where crew of captured vessel escape, other inculpatory proof allowed.
Personal treatment of captured persons...
Case of The Louisa Agnes. United States District Court, New York..
442
Duty of captors as to vessel's papers, found on board at the time of capture.
As to other papers, not being the vessel's papers..
449
Circular of instructions in this respect to naval commanders, from the United States
Secretary of the Navy......
450
Duties of United States prize commissioners prior to recent legislation.
452
Additional duties imposed by act of Congress...
453
Construction of the act by United States Circuit Court for the Second Circuit.
Witnesses to be examined without the presence of counsel..
455
The rule as to the general character of the averments of the libel and the claim, sus-
tained by the recent decisions...
DELIVERY TO CLAIMANTS, ON BAIL..
457
Delivery of captured property to claimants, on bail, before a hearing, subversive of
the policy and purpose of maritime capture.....
Reasons for the rule of non-delivery still more cogent after hearing and condemnation
The doctrine of non-delivery fully sustained by the decision of the United States Dis-
trict Court of Massachusetts...
459
Reasons for the rule stated in the case of The Amy Warwick.
Reasons for the rule of non-delivery on bail, applicable to non-delivery on payment of
appraised value...
Forfeiture of commander's share of prize money, for certain neglect.
Armed vessels in government service entitled as if in the navy
Merchant vessels making captures not entitled, in strict law-but in practice a share
is awarded them commensurate with the meritorious character of the service..... 462
461
462
