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NEUTRALITY Continued.

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of 1793, duly and truly observed, 579.
Jefferson's direct assurances, 580.

declaration of, if disregarded, may become a national offense, 595.
NEUTRALS,

to conduct with good faith, 576.

rights of, to be duly observed, 579.

duties of, to be strictly adhered to, 480.

a novelty to English statesmen, 484.
unused to discharge them, 604.

want of good faith in Lord Russell, 605.

his unneutral conduct and course illustrated by reference to British

possessions, 599.

cases of the Caroline and Trent, 581.

ORDERS IN COUNCIL, 473. (See Prize.)
legality of, how sustained, 474, 475.

as binding as proclamation, 1861, 479.
statement of, 516.

opinion of, by Sir J. Mackintosh, 520.

OWNERS. (See Salvage, Possession and Restraint.)

PARIS, CONVENTION OF 1856,

its four articles, 622, 623.

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branch or general, 338.

should be encouraged and obeyed, 344.

as salvors, 96. (See Salvage.)

PLEADINGS. (See Collision, Bottomry, Freight, Lis Pendens, Mariners'
Wages, Possession and Restraint, and Salvage.)

PORTS,

on inland waters and gulfs, 532.

difficulty of closing them, 533.

POSSESSION,

not prerequisite to the validity of maritime liens, 393.
POSSESSION AND RESTRAINT,

suits for, 428.

remedy for co-owners, 432.

POWER TO SELL.

in foreign ports. (See Master.)

PRACTICE. (See Pleadings and Rules of Navigation, Appendix B,

and F.)

PRIZE, 443.

definition of, 461.

bail in, 434.

security for rem, given to the court directly, 435.

causes, 443.

tribunals, captor's duty, 444.

jurisdiction, 445.

proceedings, 451.

practice, 452.

708

PRIZE - Continued.

INDEX.

standing interrogatories, 449. (See Appendix L.)
irregularities in practice, 453.

rebuked, 454.

reformed, 455.

master's duties, 446, 636.

preparatory evidence in, 448.

further proof in, 448.

acts of Congress in 1862 and 1864, 450.

question of, exclusively for the Admiralty courts, 459.

captors of, to be commissioned, 463.

liable for loss of, or negligence, 458.

lawful capture of, 464.

condemnation as, either for violation of neutrality and blockade or
trading in contraband goods, 465.

adjudications of, by the United States Supreme Court, 548.

legal points, then decided, 550.

PROHIBITIONS,

by Queen, not duly observed by her minister, 585. (See Neutrality.)

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of Massachusetts Colony, 34. (See Appendix D.)
RECOUPMENT,

similar to, but not strictly, set-off, 347.

with no cross libel, is defense only, 348.

but no remedy for excess of damage, 349.

is in nature of mitigation or reduction of damages, 351.
RESCUE, 124.

RESPONDENTIA. (See Bottomry.)

RESTITUTION. (See Costs and Damages.)
RISK,

marine, 181. (See Bottomry.)

SALVAGE,

tender in, 82.

awards of, 84.

right to, 85.
service, 86.
life, 113.

SALVORS,

who may become, 88.
passengers may be, 89.
pilots may be, 96.

seamen may be, 97.

agents, 100.

owners and also ships, if steamers especially, 101.

SEA-DAMAGE. (See Collision.)

SEAMEN. (See Mariners.)

SEARCH. (See Visit, etc.)

SECESSION. (See American Rebellion.)

SHIP-PAPERS, 631.

SHORT ALLOWANCE,

redress for, 440. (See Miscellaneous.)

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STOPPAGE IN TRANSITU. (See Freight, Bill of Lading.)

TENDER. (See Salvage and Collision.)

TOWAGE,

may be ranked as a salvage service, in case of great merit, 401
TRADE WITH THE ENEMY. (See Prize.)

TREATIES. (See Naval Officers.)

UNLIVERY. (See Freight.)

VICE ADMIRALTY COURT COMMISSIONS. (See Appendix C.)
VISIT, SEARCH, AND DETENTION, 560.

not to extend to public ships, 564.

WAGES. (See Mariners.)

WAR,

forfeiture of, by fraud or negligence, 297.

by desertion, embezzlement, or incompetency, 298.

may be lost by interruption of voyage, 321, 322.

right to, how revived, when once lost, 323.

in time of, states to observe good faith, 589. (See Neutrality.)
want of good faith during, the basis of the Alabama and similar
claims, 590. (See Alabama Claims.)

WHALING, 410.

as a business, now chiefly American and in New England, 413.
its recognized usages, 416.

mateship, lays, slops-advances, 418.

importance of Judge Sprague's judicial action in cases of, 422.

WHALEMEN,

rights of, 424.

WITNESSES, 324.

parties, competent as, 325.

made so by Congressional and State legislation, 326 et seq.

in Admiralty, are generally admitted to testify-if not in
equity, 331.

judicial discretion to admit a party to testify declined, in a case in
equity, 334, 335, 336.

WRITERS

on maritime law. (See Maritime Law.)

60

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