INDEX.

[THE REFERENCES ARE TO SECTIONS.]

ABANDONMENT,

of seizure by libellant, 54.

of property by absconding debtor, 586.

ABSOLUTE CONDEMNATION, 109, 122, 372. 376, 378, 380, 387, 389, 390
391, 394, 395, 412, 416, 418. (See CONDEMNATION.)

in vindication of jus in re, 109.

when ownership decreed to be in the libellant, 109.

sale not necessary to its completion, 109, 122, 356.
res may be retained, under statute, 356.
conclusiveness. (See RES JUDICATA.)

ACTION,

against property guilty, hostile or indebted, 1–19.

ancient use of the action, against things thus classified, 5-18.
peculiarities of it in the three different applications, 2-4.
used as synonymous with proceedings, 20.

is due process of law, 22, 23.

to fix property status, 24.

civil in character, 25, 26.

not to punish offenders, 21, 249-256, 259, 338, 345-365.

to vindicate civil rights absolute or relative, 27-35.

the property-defendant and must be described and in court, 36-41.
proceeds upon seizure, 42–54.

how titled and instituted, 55-58.

necessary averments, 57, 59, 60-63.

alternate allegations, 61, 353, 354, 387-389.

requires notice, 64-72, 459, 567-579, 593-601, 625-628.
for forfeiture under internal revenue laws, 149–177.
under collection laws, 183-199, 200-203.

under navigation laws, 204-214.

for piracy, 215, 220.

for breach of neutrality, 221.

ACTION-Continued.

For forfeiture-Continued.

for slave-trading, 222–227.
for immoral uses, 228-231.

for non-payment of taxes, 232–248.

for confiscation under prize laws, 306–317.

under non-intercourse laws, 318-331.

under insurrection laws, 332-365.

for enforcement of liens for repairs and supplies for vessels, 465-474
of liens for bottomry and respondentia loans, 475–486.

wages of seamen, 487-500.

wages of master, 500.

pilotage, 502, 503.

wharfage, 504.

towage, 505.

salvage service, 506–514.

collision, 515–520.

other marine torts, 521-526.

affreightment, 527-533.

penalties under collection laws, 534, 535, 536, 539.

internal revenue laws, 537, 538.

navigation laws, 540, 541.

penalties peculiar to steam navigation, 541.

state liens, 542-546, 547-562.

tax liens, 232-248, 551-553.

in probate proceedings, 563-579.
in attachment proceedings, 580–605.
in mortgage proceedings, 606–622.

in bankruptcy and insolvency, 616.

in builders' and mechanics' proceedings on their liens, 619.
in landlord's and vendor's proceedings on their liens, 620.
ADJUDICATION,

by restoration, 108, 120.

by condemnation, 109. (See CONDEMNATION.)

conclusiveness of, 111. (See RES JUDICATA.)

collateral attacks upon, 112. (See COLLATERAL ATTACK.)
retroactory, 113. (See RETROACTION.)

ADMIRALTY,

ancient maritime laws, 14-18.

phrase "Admiralty and Maritime," 461, 462, 463.

illustrations of jus in re and ad rem, 28.

libel, 55.

monition, 70.

rules, 76, 468-472, 490-495, 502, 506, 515, 521, 544.

whether admiralty remedy in rem may be denied by court rules,

468-471.

jurisdiction on the instance and the prize sides, 82, 525

jurisdiction sometimes questionable, 546, 632.

evidence, 99-106.

ADMIRALTY-Continued.

procedure, 42-112.

proceedings under authority of statutes, 183-227, 534-536, 539-541.
proceedings under direction of statutes, in naval prize, 306–315.
proceedings under direction of statutes against other enemy prop-
erty, 335.

proceedings under general maritime law, 465.

proceedings to enforce state liens, 542-546.

proceedings on the instance side of the admiralty, 220, 227.
remnants, 544, 549.

ADMISSION,

of facts by non-claimants, assumed, 93, 627.

by mortgage importing confession of judgment, 615.

AFFIDAVIT. (See OATH.)

of interest, made by claimant, 74, 99.

in attachment suits, 588.

AFFREIGHTMENT,

AGENT,

ALIEN,

contracts enforceable in rem, 528-530.

on inland waters, 533.

on bills of lading, 531.

by charter party, 532.

modified by agreement, 531.

creates mutual liens between ship and cargo, 527, 530.

masters of ships hypothecate as agents, 478.

officers of government are its agents, 126.

agents of government bind their principal, 126.

enemy's property proceeded against like that of a domestic enemy,
264, 283, 447.

ALIENATION,

of property by forfeiture not cancelled by death of former owner.
453.

ALLEGATIONS. (See LIBEL or INFORMATION.)

AMBIGUITY,

how explained, 365.

AMNESTY,

is not oblivion of fact, and does not affect vested titles, 451.
ANSWER. (See PLEADING.)

APPEARANCE,

of claimant voluntary, 73, 625.

of intervenor, upon lien, allowed in cases against things hostile,
391, 551, 553.

of intervenor in general, 80.

of deb ́or, in attachment suit, renders the action personal, 580, 581.
to claim the res must be before default, and should be within the
legal delay, 78, 90.

to enforce lien against proceeds of res absulutely condemned, may
be after the condemnation, 544, 549.

APPRAISEMENT,

must precede the bonding and stands for the res, 81.
fraud in examination, 196.

of confiscated property before sale, 426.

ARTICULATE PROPOUNDING, 62.

ASSETS,

surrendered by insolvent debtor, 616.

ATTACHMENT,

contingently in rem, 580, 581.

jus ad rem from seizure, 582.

hypothetical lien, 583; perfected by judgment, 584.

analogy of procedure to other actions in rem, 585–603.

pleadings should follow the statute, 587.

notice essential to jurisdiction, 593, 594.

opposite view held, 595-598.

custody of the thing attached does not give jurisdiction to condemn,
597.

the unnotified not bound, 598.

seizure and publication with reference to absent debtors, 600

how different in procedure from mortgage foreclosure, 601

retroactive effect, 604.

collateral attacks upon judgments rendered in attachment suits, 605.
ATTACK COLLATERAL. (See COLLATERAL ATTACK.)

ATTAINDER,

BOND,

limited by the constitution, 346, 347, 361-365.
citizens not incapacitated by statute, 415.

bottomry, 475.

respondentia, 483.

forfeiture for not giving, 148, 154. (See FORFEITURE.)

distilling without, 156.

false or fraudulent, 175.

in place of thing seized, 37.

(See FORFEITURE.)

BONDING SEIZED PROPERTY, 81, 314.

BOTTOMRY.

ancient in its origin, 15.

the loan, bond and interest, 475-477-

hypothecation and its enforcement, 479, 481.

BREACH OF BLOCKADE, 301–304.

BREACH OF NEUTRALITY, 221.

BURDEN OF PROOF, 105, 191, 481. (See EVIDENCE.)
CAVEAT EMPTOR.

when the judgment-creditor is the seller, 3.

applicable in sales by the government as credit r, 130.
when inap licable, 442.

application of limited extent, 131.

CAVEAT VENDITOR.

when the judgment-owner is the seller, 3.

applicable in sales by the government, as owner,

130.