ENROLLMENT OF VESSELS, 206, 213. (See VESSELS.)
EQUITY. (See MORTGAGE.)

ERROR,

enforcement of the mortgage lien, 610, 611.

with regard to terms jus in re and jus ad rem, 29.

on the subject of notice, 69, 72, 605, 628, 635.

concerning condemnation, 416, 417, 420.

respecting collateral attacks on attachment judgments, 605.
respecting legislative limitation of condemnation, 400, 408.

ESTOPPEL IN REM,

exceptional to the rule that estoppels bind only parties and privies.
110.

EVIDENCE. (See FINDING OF FACTS.)

in prize causes, 101-106.

against non-claimants, 93.

burden of proof, 105; shifted, 191.

in seamen's suits for wages, 500.

in suits on bottomry and respondentia bonds, 481.

offered against the res, 99, 374, 565.

taken in open court, 104.

facts presumed proved, after decree has been rendered, 107.

jurisdictional facts must be shown by the record to have been proved,
568.

EXCEPTION,

to retroaction, 188, 219, 410.

EXERCISE OF JURISDICTION, 85.

EXHAUSTED JURISDICTION, 87, 437, 440.

EXPIRATION OF DELAY, 91.

EXPORTATION, 197.

EXTINGUISHED TITLE, 126, 559.
FACT. (See FINDING OF FACTS.)
underlying fiction, 623-637.
FALSE SWEARING. (See OATH.)
FICTION,

of property responsibility, 1-19.
historical suggestions of, 5-18.
fiction of guilt, 5-10, 141, 147.
fiction of hostility, 11, 12, 264.

fiction of indebtedness, 13-18.
utility and convenience of, 19.

FINDING OF FACTS,

by confession, 99.

by interrogating, 100, 101.

by evidence in open court, 104.

in prize causes, 101-106.

presumption after decree, 107.

jurisdictional facts not presumed, 5CS, 569.

burden of proof, 105.

necessity of a finding against the res after default of persons, 374.

FINDING OF FACTS-Continued.

in probate proceedings, 565, 568.
in attachment proceedings, 588, 603.

in mortgage proceedings, 611-613.

ill effects of disregarding finding of facts, 385.
FORFEITURE,

under internal revenue laws, 148, 149-177.

for illicit rectifying, 150.

for adulterating spirits, 152.

for not registering a still, 153.

for not giving bond, 154, 156.

for illicit storing, 159.

for illicit removing spirits, 159, 164.
for false entries, 161.

for omissions of entries, 162.

for doing business after notice of quitting, 163.
for bottling fermented liquors unstamped, 165.
for possessing them, with tax unpaid, 166.
for transporting them under false brand, 167.

for purchasing tobacco, etc., with tax unpaid, 168.

for omitting stamp on tobacco, etc., 169.

for fraudulent moving, selling, stamping, etc., 170.
forfeiture of cigars, 172.

of medicines, cosmetics, etc., 173.

forfeiture for fraudulent concealment, 174.

for false bond, permit, entry, etc., 175.

for fraudulent disposition of empty stamped packages, 176.
forfeiture of land for offenses, 178-182.

forfeiture of merchandise for not entering it on manifest, 183.

for false invoice or certificate, 190.

for unlawful unlading, 192, 193.

for unlawful removing, 195.

for fraudulent omission to invoice, 196.

for wrongful exportation, importation, etc., 197.

for not delivering manifest, 200.

for smuggling, 192, 199.

forfeiture of sealed vessels, 201.

of vessels proceeding inland without permit, 203.

of buildings concealing dutiable goods, 202.

of vessel for falsely or fraudulently obtaining registry, etc., 204,
206.

for wrongful use of certificate, 208.

for secret sale of a vessel to a foreigner, 209.

for violation of rules of navigation, 210.

of licensed vessel for going on a foreign voyage, 211.

for unloading imported goods without reporting, 212.

of unregistered vessel for trading without enrollment, 213.
for piracy, 215–220.

for breach of neutrality, 221.

FORFEITURE-Continued.

FORM.

FRAUD,

for slave trading, 222–227.

of obscene books, etc., 228, 229.

forfeiture of property for immoral uses, 228–231.

forfeiture for non-payment of taxes considered, 232–248.

forfeiture of land in the territories, 182.

no forfeiture for treason under insurrection laws, 249-256, 338, 378.
forfeiture for treason "worked" by fine, 345, 361.

forfeiture for treason inhibited, 346, 347.

purging property of, 119.

complete before sale, 432.

of monition in admiralty practice, 70.

of judgment by default, 90.

of claim, affidavit of interest and stipulation for costs, 78.

of answer, 79.

of decree and sale established by court, 356.

of bottomry and respondentia bonds, 475, 484.

when an element in property offenses under revenue laws, 152, 161,
172, and generally, 149–203.

under the navigation laws, 204-214.

in examination before appraisers, 196.

FREIGHT. (See AFFREIGHTMENT.)

GUARANTY. (See WARRANTY.)

GUILTY USE.

(See USE, OFFENSE, OFFENDER.)

HEARING. (See FINDING of Facts.)

rights of all persons to be heard, 625-628.
necessary, after default, 373, 374.

HEIR AT LAW, 402, 414, 420, 559.

not a debtor before accepting succession unconditionally, 564.
error as to his inheriting alienated property, 396, 420.
cannot take so as to cut off creditors, 402, 403.

HYPOTHECATION. (See LIENS.)

known to the ancients, 13-17.

of a ship by the master, 478

of a ship by the owner, 479.

of the cargo by the master, 483.

ILLICIT TRADING, 322-331.

IMMORAL USES,

property condemned for, under police power, 228.

method of procedure against things for such uses, 228.

right of the states to condemn property for such uses, 230, 231.

IMPORTATION, 197, 212.

IMPUTATION OF GUILT TO PROPERTY, 141, 147.

INCAPACITY, 415, 420, 421.

INFORMATION. (See LIBEL OR INFORMATION.)

INSOLVENCY,

proceedings in rem against assets, 616.

INTENT,

imputed to things, 147, 151.

of owner of goods, wares and merchandise, to defraud, necessary,
148, 151.

INTEREST. (See MARINE INTEREST.)

INTERNAL REVENUE LAWS, 149-177. (See FORFEITURE.)

how and when it should be pleaded, 80.

in cases under the insurrection laws, 391, 551, 553.
real owner remediless if he does not intervene, 391.
rejected, 560.

error as to statute right to intervene, 390, 391.

upon mortgage liens, 554-562.

INVOICE, 190, 196.

JUDGMENT.

(See RES JUDICATA.)

by relative condemnation, 121.

by absolute condemnation, 122.

by default. (See DEFAULT.)

JUDGMENT CREDITOR,

must sell the res condemned to pay, to effectuate the judgment,
121.

JUDGMENT OF DISTRIBUTION,

confirms sale of condemned property, 124.

in prize confiscations, 315.

in salvage suits, 514.

JUDGMENT OWNER,

need not sell to effectuate judgment, 122.

government sells because statutes usually require it, 122, 123.

but not to effectuate decree in rem, 123.

JUDICIAL SALES,

different kinds of, 128.

not to effectuate judgment of absolute condemnation, 125.
to effectuate judgment of relative condemnation, 125.

JUDICIAL STANDING, 401.

enemy has none in the courts of nations sitting in the country of the
opposite belligerent, 309, 371, 401.

JURISDICTION OVER SEIZED PROPERTY,

of United States District Courts, 82, 85, 334, 355, 350, 426, 428. 431,
548.

of United States Circuit Courts, 82, 334, 336.

of United States Supreme Court, 82, 417, 418, 437, 438, 440.

of United States Territorial Courts, 83.

of the State Courts, 83, 233, 237, 239, 568, 577, 594-597, 629-634.

at different stages of procedure, 84.

with respect to the subject matter, 41, 84.

with respect to rights of lien-holders, 88, 548-550.

distinct from jurisdiction over persons, 577, 623–629.

JURISDICTION OVER SEIZED PROPERTY-Continued.
yet must be over the rights of all persons, 88, 626, 627.

JURY,

exercise of, 85.

errors in exercise reviewable only by an appellate court, 85.

distinction between the want of jurisdiction and the erroneous exer-

cise of rightful jurisdiction, 86.

exhausted, 87, 437, 440. (See CORAM NON JUDICE.)

to order sale, 426–431.

by reason of seizure, 372, 597.

over things intangible, 380.

presumption of lawful jurisdiction, 89, 112, 389.
jurisdictionless character of collateral cases, 438.

over vessels, steamboats, etc. (See VESSELS, LIENS, FORFEITURE.)

of states, in property actions, over personal rights, 629.

of states, in property actions, restricted to law and equity, 630.

of states, with reference to "saving to suitors the common law
remedy," 631.

of states, with reference to questionable admiralty jurisdiction, 632.
of states, with reference to inter-state comity, 633.

not in admiralty causes, 82.

not in any case after judgment taken pro confesso. 94, 375.
waiver of, 94.

JUS IN RE,

defined, 27-30, 455.

from guilty uses, 3, 140-148.

exists against guilty things only so far as they are used, 155, 157, 181.

from hostile ownership or control, 3, 257-264.

from hostile ownership, arises under the law of nations, 261.

must exist before seizure, 32.

vindicated by absolute condemnation, 109.

tax creditor has no jus in re, 232–224.

JUS AD REM,

defined, 27-30, 455.

from property indebtedness, 3.

must exist before seizure, 32. (But, see ATTACHMENT.)

vindicated by relative condemnation, 109.

tax debt gives rise to jus ad rem only, 232–234.

liens are rights in things in lebted. (See LIENS.)

KEEPING THE RES. (See CUSTODY.)

LAND,

as the res proceeded against, 39.

not forfeitable for non-payment of taxes, 232–248.
confiscable for hostility, 340, 390, 391, 416.
offending, 158, 178–182.

like guilty chattels, 178.

no constitutional restriction of forfeiture, 179.
confiscable for hostile use, 340, 378.

forfeitable for guilty use, 158, 178-182.