dicta respecting Blockade, notice and knowledge thereof, which are inserted as Interrogatories 33 and 34. Portions are included in brackets thus, [] to indicate that there are slight variations between the original Interrogatories adopted respectively by Great Britain, and the United States of America.) 33. Did the said vessel, on the voyage in which she was captured (or on) or during any or what former voyage or voyages, sail under the convoy of any ship or ships of war, or other armed vessel or vessels ? For what reason or purpose did she sail under such convoy? Of what force was or were such convoying ship or ships, and to what state or country did the same belong? What instructions or directions had you or did you receive on each and every of such voyages, when under convoy, respecting your sailing or keeping in company with such armed or convoying ship or ships; and from whom did you receive such instructions or directions? Had you any, and what directions or instructions, and from whom, for resisting or endeavoring to avoid or escape from capture, or for destroying, concealing, or refusing to deliver up your vessel's documents and papers; or any and what other papers, that might be or were put on board your said ship? If yea, interrogate particularly as to the tenor of such instructions, and all particulars relating thereto? Let the witness be asked if he is in possession of such instructions, or copies thereof, and, if yea, let him be directed to leave the same with the examiner, to be annexed to his deposition. 34. Did the said ship, during the voyage in which she was captured, or on, or during any, and what former voyage or voyages, sail to or attempt to enter any port under blockade by the arms or forces of any, and which, of the belligerent powers? If yea, when did you first learn or hear of such port being so blockaded, and were you at any, and what time, and by whom warned not to proceed to, or to attempt to enter such blockaded port? What conversation or other communication passed thereon? and what course did you pursue upon, and after, being so warned off? NOTE. Other interrogatories were prepared in Great Britain in 1854, to be used in prize cases during the Russian War: likewise in the United States, during the American Rebellion— Vide 2 Sprague, pp. 305 to 325-consisting in all of 103 questions, 57 general interrogatories, and 46 others: some also in Upton on Prize, p. 295 et seq. consisting altogether of 43 interrogatories. rebels not, though they may, in rebel territory, be treated as enemies, 550. AMERICAN REBELLION. (See Neutrality, Blockade, and Prize.) if allowable, not feasible, 602. AVERAGE, GENERAL, BAIL, definition of, 135. elements of, 137. ground for claim of, 139. origin, 136. what contributory to, 145. translated extracts from French ordinance relating to, 157. adjustment of, 134. mode, at Lloyd's and elsewhere, 150, 151. in Admiralty, when taken, 435. restricted in prize proceedings, 436. BILL OF LADING. (See Appendix I.) use and legal effect of, 380. BLOCKADE, 465. of Baltic ports 1854, 487, 528. as belligerent right, not restricted, 467. penalty for breach of, confiscation, 468. pretenses for violation, 469. (See Prize.) BOOTY, 460. (See Prize.) BOTTOMRY BOND, 166. for what given, 185. tests of its validity, want of credit, funds, and distress, 186. defined, 558, 559. belligerent right of, founded on three principal grounds, 566. (See CARTELS, protected, going or returning to exchange prisoners, 634, 635. may be by parol, 358. COLLECTORS, of customs duties, 273, 274. COLLISION, 61. (See Appendix F.) damages, old rule, full compensation, 61. new rule, limited to value of faulty vessel, 62. party in fault liable, 71. both in fault, damage divided, 72. Trinity rules, 68. other rules and appendix, 76, 77. CONDONATION, 287. (See Desertion.) CONVOY, 635. COSTS AND DAMAGES, 534 et seq. conflict as to new practice in the Ostsee, 534 et seq. American decisions sustain Admiralty courts against the Privy Coun- cil as appellate court, 538. protest and criticisms, 543. French Berlin and Milan, 472. statement of, 516. revocation by French, accepted by United States, 517. DERELICT, 124. finally acted upon by Great Britain, 519. DESERTION, 280. (See Mariners' Wages, Ch. 10.) of what and whom, 629. when justifiable, 632. DISRATING, illegal, 303. DISTRESS, 123. DROITS, in Admiralty, 440. perquisites of, in England, 440. in United States belong to the Government, jure reipublicæ, 440 EMBEZZLEMENT, 291. (See Mariners' Wages.) INDEX. FORCED LEVIES, 460. (See Prize.) or negligence, 297. (See Forfeiture.) FREIGHT, 353. payable on delivery, 364. pro ratâ, 358. due on delivery, or voluntary acceptance, 377. neutral carriers entitled to, if fair in conduct, 388, 389. FRENCH CONSERVATIVE SENATE, report to, by Duke de Bassano, 476. GENERAL AVERAGE, 134. (See Average.) ILLEGAL COLORS. INCOMPETENCY, of marine, ground of forfeiture of wages, 298 marine, 182. (See Bottomry.) JOINT CAPTURE. (See Capture.) qualifications, 51, 52. JURISDICTION, 705 struggle and contest between the civilians and common law judges, 14. Ordinance of Hastings, Queensborough Inquisition and other acts, 16. 706 MARITIME LAW, foreign ordinances, 2-8. preferred claims, 391. INDEX. valid, without possession, 393. Sir J. Jervis's definition of, 395. attaching to rem, follow the proceeds on and after sale, 396. MASTER'S CONTROL, over the crew, vindicated, 312. MASTER'S POWER TO SELL, 224. also by decree and survey, 232. legal necessity for, defined by court in case of the Amelie, 239. redress for short allowance, 440. NAVAL OFFICERS, 617. as commanders to act discreetly, 625. powers of, in time of war, great, 627. suggestions for, as to knowledge of treaties, 618. as to other matters, 626, 630. preliminary preparation as commanders, for and during war, 621. change recommended by Huskisson; his fair exposition led to change; NECESSARIES, master's power to procure, 200, 202, 207. duties difficult, 203. master should be judged charitably, 205, 206. lien for, on foreign or domestic ships, 208. expressly given by legislation, 1861, 220. test of master's authority, 211. necessity and good faith required of him, 222. material-men's priority, 218. bases of master's authority are agency, necessity, and fidelity, 223. of English Cabinet, 1861, 481. (See Fraud, Forfeiture, Wages.) recognized by international law, 566. general or declared, 567-571. declaration of, no exoneration from general neutral duty, 568. may bind declarant more stringently, 571. if so observed, secures amity, 577. |