A Digest of the Law of Maritime Captures and Prizes, Volumen1

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R. M'Dermut & D.D. Arden, 1815 - 380 páginas
 

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Contenido

Taking by pirates
54
Capture in neutral territory Ibi 15 Cartels
59
Licenses to trade with the enemy
60
CHAPTER III
62
Transfer of vessels Ib 3 British orders in council and French regulations Ib 1 Invalidity of these municipal ordinances
63
French ordinance requiring certain proofs of transfer
64
Sale of vessels must be absolute and unconditional Ib 7 Proofs of property
65
Rule as to the effect of these proofs
66
Neutral goods in enemy vessels
67
Freight to captors on neutral goods
70
Confiscation of neutral vessels laden with enemy goods
71
Enemy goods in neutral vessels whether liable to confiscation
74
Conventional law of nations Ib 13 Customary law of nations
78
Freight to the neutral carrier of enemys property
79
Neutral aud other liens upon enemys property
80
Transfers of euemys property in transitu i
85
Contracts of purchase executory and contingent
92
CHAPTER IV
101
CHAPTER V
158
Flag and pass how affecting the national character
171
Ships built for war
180
Confiscation of contraband
181
Vehicle of contraband how far subject to confiscation Ib 7 Penalty of confiscation whether extending to return voyage
183
Transportation of military persons or despatches 134
184
Carrying despatches of the enemy
186
Trade to blockaded ports
190
Right of blockade extended to total prohibition of neutral commerce Ib British orders in council and French decrees
191
Definition of blockade
193
Notice of blockade Ib 15 Acts of violation
199
J6 Penalty for breach of blockade
203
CHAPTER VII
209
Intercourse in time of war unlawful Ib 2 Maritime law of England as to trading with the enemy Ib 3 Common law
213
Law of the United States
214
Property taken in trade with the enemy condemned as prize
219
Attempts to evade the rule
220
Trade to the enemys country through a neutral port Ib 8 Trade by a partnership in a neutral country Ib 9 Apparent exceptions to the rule
221
Trade in neutralized commodities Ib 11 Implied license Ib 12 Other cases and authorities examined
223
Trade with the enemy by an ally in the war Ib 14 Property engaged in violation of municipal law
225
Exception of neutrals
226
From a pirate Ib 12 From a captor commissioned but not an enemy
239
Recapture from an enemy The Jus Pasiliminii
241
The law of reciprocity 212
242
Law of France
244
Of Spain
245
Of Portugal
246
Of Denmark Ib 18 Of Sweden Ib 19 Of Great Britain Ib 20 Of the United States
247
Sale by the enemy to a neutral at sea Ib 22 Recapture of merchant vessels under convoy by convoying ship
249
Salvage upon freight
250
Freight upon cargo to recaptured vessel
251
Rescue and derelict
252
Rescue Ib 26 Derelict Donation by a belligerent to a neutral at sea
254
CHAPTER IX
258
In all other cases property continues in the captor when brought into neutral territory
259
Extent of belligerent rights in neutral ports 2Ct 7 Prizes carried into the port of an ally and adjudicated in a consular tribunal
260
Jurisdiction of the prize courts of the captors country
261
Constitution of prize courts
266
In France
267
In Great Britain
272
Conclusiveness of their judgments
274
Exception lb 17 Jurisdiction as to property taken on land
278
Prize proceedings
283
Distribution of prize
286
Joint capture By public vessels
287
By private armed vessels By cooperation of land forces
288
Rules of distribution
293
British regulations as to distribution to flag officers
294
Construction of these regulations
295
Applied to the law of the United States
296
CHAPTER X
299
Responsibility for captures in violation of
300
Limitation of captures as to time and place
301
Such limitation extends to recaptures
302
Effect of peace upon titles of possession
307
Letter from Sir William Scott and Sir J Nicholl
309
Presidents Instructions to private armed vessels
341
Rescript relative to the Berlin decree
360
Rules of the District Court for the Southern District
369
Form of Prize Libel
385

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