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