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POSTLIMINY, RIGHT OF-continued.
in neutral country, ii. 515

as regards prisoners of war, ii. 516
what property recoverable by, ii. 516
as regards real property, ii. 517

as regards towns, provinces, &c., ii. 518

decision of the United States' courts as to grants of territory by
Great Britain after declaration of independence, ii. 518 n.

as regards a 'retrocession,' ii. 519

as regards a subjugated State resuming its independence, ii. 520
case of the city of Genoa in 1814, ii. 521

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.
524 et seq.

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
domicil of, i. 371

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.
Judge Daly's remarks on, i. 69 n. et seq.

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.
course adopted in 1814 by the United States as to, ii. 13 n.

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
declaration of Great Britain in 1824 as to, ii. 315

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 'Mentor,' i. 263

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the case of the 'Gerasimo,' i. 378 n.

made by uncommissioned vessels, ii. 398
definition of, ii. 115

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.
provisions of the act of congress (1864) of the United States, as to,

ii. 116 n.

property captured on land by a naval force whether a prize, ii. 125 n.
what are lawful, ii. 126 et seq.

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.,
140

goods, when considered lawful, ii. 129

effect of right of stoppage in transitu as to, ii. 136
vessels exempt from being made, ii. 149 et seq.

made by belligerent in neutral waters, ii. 197

property in a, how it may pass to the captors, ii. 203 n.
made in violation of neutral rights, i. 188, ii. 204 et seq.
what, exempt from inquiry in neutral court, ii. 209 n.
validity of, how affected by illegal equipment, ii. 209
made in neutral waters, ii. 205 et seq.

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.
duty of officer who seizes, ii. 382

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.
joint captures of, ii. 386

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.


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

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boats, ii. 396

tenders, ii. 397

non-commissioned vessels, ii. 398
́fraud in joint captors, ii. 399

right in, how forfeited, ii. 401 et seq.

/ grounds on which restitution of, decreed, ii. 404, 514, 526 m., 528,
532 n.

consequences with which restitution of, may be attended, ii. 405 %.
captors of, when liable for costs and damages, ii. 406

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,
ii. 438

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.
jurisdiction of, as to prizes made out of its territorial authority, ii.
394 n., 425 n.

provisions of 27 and 28 Vict. c. 25 as to jurisdiction of, ii. 394 #.,
395 n.

convention between England and France as to jurisdiction of, ii.

395

forfeiture or restitution of prizes, when decreed by, ii. 402
by what, validity of prizes to be determined, ii. 412 et seq.
rule as to what courts have prize jurisdiction, ii. 416
English court of admiralty how far a, ii. 416

nature of the constitution of a, ii. 416 n.

principles governing proceedings of British, ii. 416 n. et seq.
procedure of British, ii. 418 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.
effect of sentence of, ii. 428

how far decision of a foreign, receivable in evidence, ii. 428 #.
unlawful condemnation by a foreign, ii. 430

course adopted by the King of Prussia in 1753 as to the sentence
of British, ii. 431

PRIZE COURT-continued.

course adopted by the United States in 1794 as to the sentence of

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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 proceedings of prize court,
in reference to joint captors, ii. 439 n.

provisions of 27 and 28 Vict. c. 25 as to jurisdiction of prize court
in reference to condemnation, ii. 439 n.

who may appear as a claimant in a, ii. 440
mortgages, how treated in, i. 489 n., ii. 441
general nature of sentence of, ii. 442

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
of a State, i. 128

distinction between, and domain, i. 128
the term 'dominium' as applied to, i. 129
right of a State to acquire, i. 131
of a sovereign prince, i. 131 n.
title to, how acquired by State, i. 131
right of a State to dispose of, i. 132
'patrimonial kingdoms,' i. 133

State rights of, in coasts, i. 138

in islands, i. 139, 147

in gulfs, straits, rivers, &c., i. 140, 145
in the narrow seas, i. 141

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.
right of State to seize, i. 485, ii. 97

some treaty enactments as to, ii. 97 n.

See CONQUEST.

provisions of Magna Charta as to, i. 484, ii. 97 n.
provisions of 27 Edward III., c. 17, as to, i. 485, 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-
perty, ii. 108 n.

conduct in American civil war (1864) as to private property, ii. 108 n.
seizure of private property when unavoidable, ii. 110

provisions of Brussels Conference as to private property, ii. 112 %.
rights of private property, how affected by change of sovereignty,

ii. 504

meaning of the term 'property,' ii. 505

3. ENEMY'S PROPERTY ON THE HIGH SEAS. See PRIZE.
distinction between property on land and on high seas, ii. 124
remarks on this distinction, ii. 125

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.
how far protected by neutrality of shipper, ii. 130

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-
trals, ii. 138

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,
SHIP, PRIZE.

PROVISIONS,

whether contraband, ii. 253, 262 et seq.

rules of British Admiralty as to, being contraband, ii. 262
27 and 28 Vict. c. 35 as to carriage of, to enemy, ii. 264 n.

PROVOST,

opinion of Sir Arthur Wellesley as to a provost establishment, ii.

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QUAM LEGEM EXTERI NOBIS POSUERE, EANDEM ILLIS
PONEMUS, i. 484 n.

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.
75

former practice as to, ii. 357

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