Page

325, 381

Berlin and Milan Decrees, revocation of, not proved
Blockade. Neutral vessel in ballast, not at liberty to proceed to a blockaded
port for the purpose of bringing away a cargo purchased before the
commencement of the blockade

Sale of cargo by compulsion in blockaded port, the master having
gone in voluntarily; excuse insufficient
imposed by order 26th April, 1809, not held to extend to places tem-
porarily in the possession of the enemy

breach of, excuse insufficient

Excuse, that the ship went in to procure a pilot for another port, in-
sufficient

of St. Sebastian's breach of

breach of, under the order of 26th April, 1809; condemnation
Excuse, that permission to proceed was given by British officer,
insufficient

32

203

207

311

249

252

208

Vessel coming out of a blockaded port, with her original cargo on
board, having gone in under stress of weather, restored

British Cruisers, deviation for the purpose of avoiding, how considered
British Officer, permission given by, to proceed to an interdicted port, not valid

C.

Capitulation. Public property withheld under a capitulation, and afterwards
seized, is property of the crown

terms of, protecting private property generally, will not protect
privateers .

Captors' Expenses, allowed, deducting charges incurred by the vessel, in conse-
quence of her being carried into a wrong port
Cargo. Port of destination, if interdicted, must be considered as port of delivery
of cargo

249

112

271

72

42

Quantity of beech wood, described by master as ballast, held to be cargo 365
Certificates of Origin. Neutral vessel not furnished with, liable to pay salvage
on recapture

Condemnation, of a vessel in the port of an ally by a French tribunal, legal;
title of British owner devested

Continuity of Voyage, not broken, by transshipment and sale at intermediate port
broken, by touching at a port of this country, for the
purpose of obtaining a license to go on

Convoy. Disobedience of orders of commanding officer, penalty
Costs and Damages, given on loss of a ship which had been captured on unjusti-

fiable grounds

Crown, takes cum onere

D.

Dallas, Reports by, of cases adjudged in the courts of the United States of Ame-

Despatches, conveyance of, in a neutral ship from a hostile port, to a consul of
the enemy, resident in a neutral country, not a ground of condem-
nation

Page

225

from an agent of the enemy on board a neutral ship, going from a
neutral port to a port of the enemy; plea of ignorance on part of
the neutral master, admitted

E.

Evidence, of master and mate in cases of blockade, considerations respecting
of master in a suit for wages, admitted

F.

Freight, demand of, on part of the crown, on suggestion that the cargo had actu-
ally been sold in this country, rejected

due where a neutral ship is brought in on account of the cargo
⚫ crown entitled to, though not decreed, prior to hostilities
Salvage given on freight, where it was in the course of being earned, at
the time of recapture.

right of owners to deduct, from freight decreed to the crown, moneys
advanced to the master for the prosecution of his voyage

for voyage not completed; moiety given under the circumstances
upon articles condemned as not enumerated in the license, refused

G.

Gibraltar, not within the Navigation Act
Greenwich Hospital. Forfeiture of one month's wages to, by seamen quitting the
ship before it is discharged

H.

Head Money, due for men who have escaped on shore, if on board at commence-
ment of attack

right to share in, limited to actual recaptors .

Heligoland, trade of, confined to British ships

Hostilities, intervention of, suspends, but does not extinguish, the rights of claim-

cessation of, against Spain, held to extend to Spanish ports in posses-
sion of the French.

51

92

39

280

236

62

182

I.

Instance Court. (See Wages, Jurisdiction, &c.)

J.

Joint Capture, claim of, by ships stationed at different points in support of the

blockade of Malta, established

claim by revenue cutter to share with actual captors, on suggestion

of being in sight, rejected

65

claim of, by the whole fleet, on the principle that the capture was
within the purposes of the association, established

126

Jurisdiction. Court of Admiralty has no authority to enforce municipal regula-

tions of America

241

K.

King's Ship, not entitled to salvage for rescuing transport employed on same ser-
vice

Rule for apportioning salvage between a king's ship and privateer

Page

66

270

L.

License, vitiated by changing the port of shipment.

"to sail from any port with a cargo," will not protect a ship sailing from
a blockaded port, with a cargo taken in there
general rules for construing

.

Expiration of time, unless impeachable with fraud or want of due dili-
gence, not fatal

.

95

190

Vessel not protected by license on board, not intended to be applied to
this ship

"to proceed in ballast to the port of an enemy," will not protect a vessel
carrying a cargo to the port of the enemy
Vessel proceeding under an expired license to the port of shipment in
ballast, for the purpose of bringing a cargo to this country under a
new license, actually obtained, but not on board, protected
Vessel proceeding to the Yadhe, under a license for a direct voyage to
this country, condemned

The words "to whomsoever the property may appear to belong,"
not being inserted in the license, enemy's property not protected
under it

347

to import a cargo in one vessel, good for the importation of the same
cargo in two vessels, and from a different port; it being shown that
there was an impossibility of making the shipment at the port speci-
fied in the license

349

Embargo in the port of the enemy, a sufficient justification for not
loading the cargo within the time specified in the license, although
government had ceased to grant such licenses

355

"to proceed from this country with a cargo," will protect the vessel
returning with the same cargo.

Condition of touching at Leith for convoy, not complied with; license
invalidated

359

"to import a cargo into this country," will protect a vessel going in bal-
last to the port of shipment for that purpose

360

"to import corn," time extended .

361

"to import a cargo into this country," not vitiated by an ulterior desti-
nation to a port of the enemy, after paying duties at a British port,
and obtaining permission to proceed.

"to carry corn to Norway," vitiated by the conveyance of military stores
"to bring a cargo to this country," not vitiated by touching for orders
at an interdicted port, not known to be such at the time of sailing
vitiated by touching for orders at an interdicted port
not vitiated, where permission was expressly given, to touch at an inter-
dicted port for orders

"to sail under any flag except the French," held to exclude French
ownership.

License, Continued.

not vitiated by the owner becoming a French subject during the trans-
action

Page

371

Condition of touching at Leith, for convoy, not complied with, condem-
nation
granted subsequent to the capture, no protection

.

375

377

379

Condition" to touch at Leith if proceeding to any port of this kingdom,
south of Hull," held not to include the ports of Ireland

M.

Master, right of, to sell ship in case of the necessity, without authority from

Owners

a competent witness in a suit for wages

N.

National Character. Ports and places of St. Domingo, wrested from the French
by insurgent negroes, not deemed parts of the enemy's
colony.

of Ionian republic

Navigation Act, does not apply to Gibraltar

Navigation Laws, ship condemned for breach of

0.

Orders in Council. Interposition of a British port, held to take voyage out of
the intendment of the order 7th January, 1807

of 11th November, 1807, prohibiting transfer of enemy's ves-
sels, held not to extend to prize vessels.
Property of Spaniards resident in ports of Spain, under the
control of the French, protected by order of 4th July, 1808 182
of 7th January, 1807, held to prohibit trade between Prus-
sian ports
of 26th April, 1809, held not to affect places temporarily in
possession of the enemy

122

. 184

191

Trade to Heligoland confined to British ships, by order of
31st May, 1809

236

Question under the order 7th May, 1810, prohibiting fishing
voyages to and from ports from which the British flag is
excluded

Possession, cause of, suit not entertained by court in case of a foreign ship
Privateer, operations of, against property on shore, limited by Prize Act to forti-

not within the terms of a capitulation, protecting private property
generally

Prize Act, interpretation of

Prize Agent. (See Agency.)

Prize Vessel, sale of, by the enemy, not within the restriction of the order in
council 11th November, 1807

Sale of, to a neutral under a sentence of condemnation, devests
interest of former British owner

Proceeds, transmission of, from Vice-Admiralty Court; registrar not responsible
for safe arrival, if sent in the usual way of business .

Page

123

. 244

23

R.

Recapture. (See Salvage.)

Registrar, of Vice-Admiralty Courts, not responsible for loss of proceeds, if trans-
mitted under proper precautions

principal and deputy, responsibility of, in case of loss by misconduct.
Registrar and Merchants, report of, objected to on a question of agency; sum
allowed by them increased

Revenue Cutter, not entitled to share as joint captor, on ground of being in sight
only

S.

Salvage, demand of, by king's ship, against transport employed on the same ser-
vice, rejected

not limited by Prize Act where a ship has been voluntarily abandoned
by the enemy; moiety given

Question, whether civil or military

on vessel purchased at sea, from the enemy by a neutral, for the pur-
pose of being restored to former owners

on property recaptured at Oporto

on cargoes landed and warehoused

given on British, not on Portuguese, property recaptured at Oporto
Value of property on which salvage is given, to be estimated at port of
restitution

by joint operation of army and navy
by army only

on freight, where the ships were chartered out and home as one entire
voyage

223

Neutral ships not furnished with certificates of origin liable to pay sal-
vage on recapture

for rescue of ship already released on bail by the enemy, not given
rule of apportionment, between king's ship and privateer
on Spanish ships recaptured from the enemy

St. Domingo. (See National Character.)
Setting forth for War.

British prize vessel having been fitted out as privateer
by the enemy, although navigated as a merchant vessel
at the time of recapture, not restored to former owner
Ship, sale of, by master, without authority from the owners
restored to parties, appearing by the ship's papers and register to be the
owners, without prejudice to the rights of other claimants