POSTLIMINY, RIGHT OF-continued. as regards prisoners of war, ii. 516 as regards towns, provinces, &c., ii. 518 decision of the United States' courts as to grants of territory by as regards a 'retrocession,' ii. 519 as regards a subjugated State resuming its independence, ii. 520 as regards recapture, ii. 521 et seq. See RECAPTURES law of nations as to, how far binding, ii. 523 municipal laws of different nations as to the application of the, ii. PREEMPTION, remarks on the ancient custom of, ii. 263 modern usage as to, ii. 263 27 and 28 Vict: c. 35 as to, ii. 264 n. PREROGATIVE, definition of, i. 125 encroachment on, of a State, i. 127 n. PRESERVATION OF THE BALANCE OF POWER, i. 460 et seq. PRISONERS OF WAR, in neutral waters, i. 176 power of, to make treaty of peace, i. 254 who may be made, ii. 3 n. treatment of, ii. 74 ransoming, ii. 75, 357 exchanging, ii. 75 permitting, to resume their liberty, ii. 77 conditions which may be enforced on release of, ii. 78 duty of supporting, ii. 79 what labour may be required of, ii. So provisions of Brussels Conference as to, ii. 80 n., 350 n. treatment of, in 1809, by the Spaniards, ii. 86 n. monies expended for support of, ii. 87 modern custom as to supporting, ii. 87 treatment of, refusing to give their parole, ii. 87 violating parole, 87 who cannot be kept and cannot safely be put on pa- role, ii. 88 by Charles XII., ii. 89 by Admiral Anson, ii. 89 by Henry V. of England, ii. 89 weak garrison when made, ii. 90 remarks of Wellington in 1810 on, ii. 94 n. taken, during armistice, ii. 344 duty of, released on parole, ii. 350 duty of soldiers made, in the vicinity of their commander, ii. 350 hostages for, ii. 360 slaves if, ii. 426 n. rights of postliminy as regards, ii. 516 United States' navy regulations as to, ii. 350 n., 388 n. United States' army regulations as to, ii. 41 to 49 PRIVATEERS, course adopted by England in 1861 as to, i. 39 n. whether, are pirates, i. 398 n. when commission necessary for, ii. 12 checks imposed by commercial States on, ii. 13 if allowable, ii. 14 consequences of, ii. 14 efforts to suppress, ii. 15 declaration at the Conference of Paris (1856) as to, ii. 16 et seq. treaty of the United States with Prussia as to, ii. 15 n. advocacy of, by the United States, ii. 17 legislation in 14th and 17th centuries as to, ii. 18 n. abstract right of nations to, ii. 17 course adopted by the United States in 1861 as to, ii. 18 remarks on the abolition of, ii. 318 n. illegal captures by, ii. 408 remarks of Lord Nelson on, ii. 409 n. PRIVY-SEAL, letters oF, i. 425 n. PRIZE, made after signature of treaty of peace, i. 262 the case of the 'Gerasimo,' i. 378 n. made by uncommissioned vessels, ii. 398 to whom they belong, ii. 115 distribution of, ii. 116, 400, 408 n. provisions of naval prize act, 1864 (British), as to, ii. 116 n., 524 n. ii. 116 n. property captured on land by a naval force whether a prize, ii. 125 n. remarks on the law of, ii. 127, et seq. legality of, how determined, ii. 128 ship sold by enemy to a neutral, how far a lawful, ii. 128 n., 139 N., goods, when considered lawful, ii. 129 effect of right of stoppage in transitu as to, ii. 136 made by belligerent in neutral waters, ii. 197 property in a, how it may pass to the captors, ii. 203 n. made during armistice, ii. 344 capture of, how effected, ii. 380 et seq., 522 n. nature of captors' interest in, before condemnation, ii. 381 »., 410 N. whether share in, is assignable before condemnation, ii. 383 n. duty of captor as to having prize adjudicated, ii. 385, 418 n. regulations of the United States' navy as to, ii. 385 n. et seq. rule as to who are to be deemed captors, ii. 388 et seq. decisions on joint captures of, by public vessels of war, ii. 389 et seq. PRIZE-continued. レ transports and storeships, when to be deemed joint captors, ii. 392 convoying ships when to be deemed joint captors, ii. 392, 399 what persons entitled to a share in, ii. 392 n. land forces, when to be deemed joint captors, ii. 393 vjoint captures by allies, ii. 394 privateers, ii. 395, 396 n. ✓ revenue cutters, ii. 396 V boats, ii. 396 tenders, ii. 397 non-commissioned vessels, ii. 398 right in, how forfeited, ii. 401 et seq. / grounds on which restitution of, decreed, ii. 404, 514, 526 m., 528, consequences with which restitution of, may be attended, ii. 405 %. validity of, how determined, ii. 412. officers and crew of, when entitled to wages from prize property, ii. 421 n. right of belligerent to sell, in neutral territory, ii. 423 n. carried into neutral port, ii. 427 when prize court will order sale of, ii. 437 course to be adopted where captors do not bring, for adjudication, after what period, condemned by prize court, ii. 439 n. whether recaptures are, ii. 514 n. rights of postliminy in, country, ii. 515 law of postliminy applicable to, ii. 521 et seq. prize property when subject to pay salvage, ii. 531 who entitled to abandoned, ii. 534 PRIZE COURT, authority of, i. 52 rule of domicil in, i. 360 jurisdiction of, as to property captured in civil war, i. 486 n. provisions of 27 and 28 Vict. c. 25 as to jurisdiction of, ii. 394 #., convention between England and France as to jurisdiction of, ii. 395 forfeiture or restitution of prizes, when decreed by, ii. 402 nature of the constitution of a, ii. 416 n. principles governing proceedings of British, ii. 416 n. et seq. procedure of American, ii. 435 et seq. courts in the United States which have prize jurisdiction, ii. 421 where it may be held, ii. 422 et seq. in conquered territory, ii. 423 et seq. extent of jurisdiction of, ii. 424 et seq. how far decision of a foreign, receivable in evidence, ii. 428 #. course adopted by the King of Prussia in 1753 as to the sentence PRIZE COURT-continued. course adopted by the United States in 1794 as to the sentence of provisions of 27 and 28 Vict. c. 25 as to evidence in, ii. 436 n. provisions of 27 and 28 Vict. c. 25 as to jurisdiction of prize court who may appear as a claimant in a, ii. 440 PRIZE MASTER, duty of, ii. 409 PROBABLE CAUSE OF SEIZURE, ii. 404 PROPERTY, 1. RIGHTS OF PROPERTY GENERALLY. how affected by change of government, i. 76 distinction between, and domain, i. 128 State rights of, in coasts, i. 138 in islands, i. 139, 147 in gulfs, straits, rivers, &c., i. 140, 145 in inland lakes, 145 laws of real, i. 154 laws of personal, i. 154 Scottish law as to immovables, i. 155 laws of contracts, i. 155 laws of the middle ages with respect to the, of deceased foreigner, i. 160 of foreigners generally, i. 161 how affected by marriage contract, i. 163 jurisdiction of State over, i. 171 extent of the domain of a State, i. 175 right to destroy private property in war, i. 437 n. captured in civil war, how condemned, i. 486 n. 2. ENEMY'S PROPERTY ON LAND, ii. 96 et seq. some treaty enactments as to, ii. 97 n. See CONQUEST. provisions of Magna Charta as to, i. 484, ii. 97 n. provisions of 4 Henry V., c. 5, as to, 97 n. declaration of Lord Clarendon in 1854 as to, 97 n. rule in the United States as to, i. 485, ii. 98 n. conduct of French and Germans in 1870 as to, 98n., 109 n. title to, how acquired, ii. 99, 101 title to, given by treaty of peace, ii. 99 PROPERTY-continued. alienation of, before confirmation of conquest, ii. 100 neutral purchasers of, ii. 100 what, liable to seizure, ii. IOI what, exempt from seizure, ii. 103 what, exempt from the operations of war, ii. 106 modern rule as to seizure, &c., of private property, ii. 108 exemptions to this rule, ii. 109 private property of sovereign, how considered, ii. 108 conduct in Franco-Austrian campaign (1859) as to private pro- conduct in American civil war (1864) as to private property, ii. 108 n. provisions of Brussels Conference as to private property, ii. 112 %. ii. 504 meaning of the term 'property,' ii. 505 3. ENEMY'S PROPERTY ON THE HIGH SEAS. See PRIZE. established law of nations as to, ii. 126 course pursued by England in 1854 as to, ii. 126 n. course pursued by the belligerents in 1870 as to, ii. 127 n. shipped by enemy to neutral consignee, ii. 133 how affected by right of stoppage in transitu, ii. 136 English admiralty rule as to national character of, ii. 136 rule of admiralty courts as to transfers of enemy's vessels to neu- proofs of national character of ships, ii. 143 vessels exempt from capture, ii. 149 4. PROPERTY OF ENEMY IN ENEMY'S COUNTRY. right to confiscate, i. 485 et seq. time for withdrawal of, ii. 159 protection of, ii. 160 held not liable to capture, ii. 160 n. when liable to capture, ii. 161 5. PROPERTY OF NEUTRAL, i. 373, 382. See NEUTRAL, NEUTRALITY, PROVISIONS, whether contraband, ii. 253, 262 et seq. rules of British Admiralty as to, being contraband, ii. 262 PROVOST, opinion of Sir Arthur Wellesley as to a provost establishment, ii. QUAM LEGEM EXTERI NOBIS POSUERE, EANDEM ILLIS QUARANTINE, i. 189 RANSOM, promise of, to a pirate, how far binding, i. 398 n. treatment of prisoners of war before introduction of ransoming, ii. former practice as to, ii. 357 |