The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
MARINERS.
Their position in time of War, 23
NEUTRALITY.
Rights of Neutral Nations, 69
Qualified Neutrality, 69
Neutral territory protected, 70
Property of belligerents in Neutral territory, 71
Vessels chased into Neutral ports, 72
Violation of Neutrality, 72
Armed, 92
NEUTRAL COMMERCE.
Freedom of, 72
NEUTRAL SHIPS.
Enemy's property in, 73
Public Neutral Ships, 73
Private Neutral Ships, 73
Transporting Enemy's forces, 83
NEUTRAL PROPERTY. _See_ Property.
PARTNERSHIPS.
Dissolved by War, 16
In Neutral countries, 18
PRISONERS OF WAR, 22
PRIVATEERS, 36
Acquisition of captures by, 22
Commissions of, 39
Efforts to suppress Privateering, 41
Piratical Privateers, 42
PRIZES.
Jurisdiction over Prizes, 48
Common Law Courts not always excluded, 49
Prize Courts, 50
Where held, 57
Their judgments conclusive, 52
POSTLIMINY.
Right of, 53
Jus Postliminii, 67
PASSPORTS, 54
PROPERTY.
Of subjects of belligerent states in enemy's country, 4
Immoveable Property, Rule in respect of, 5
Private, on land, 34
Government Property, 35
Captured Property, title to, 43
Enemy's, in Neutral Ships, 74
Neutral, in Enemy's Ships, 75
Neutral, on _Armed_ Hostile Ships, 75
Hostile cannot be transferred _in transitu_, 30
RECIPROCITY.
Rule of, 6
RULE OF 1756, 25
Note, 99
RANSOMS, 61
RECAPTURES, 63
Of the Property of Allies, 66
Of Neutral Property, 67
REPRISALS, 97
SHIPS.
National Character of, 29
Sale and purchase of, by Neutrals, 75
Not restored on recapture, if set forth as Ships of War, 65
SAFE-CONDUCTS, 54
SALVAGE IN WAR, 64
SEARCH, RIGHT OF, 90
TRADE.
With the Enemy unlawful, 8
Not permitted with Enemy, except under Royal Licence, 10
Subjects of an Ally cannot trade with Enemy, 11
Trading with the Enemy punishable, 19
Hostile Character acquired by Trade, 27
_See also_ Licences, Contraband, &c.
WAR.
Solemn, 1
How commenced, 3
Objects of, 31
Maritime, Objects of, 34
Limitations of the right of making War, 35
POSTSCRIPT.
Since the completion of the Second Edition of this work, two very
important Orders in Council, (dated April 15th, 1854,) have been
published. Before proceeding to explain the intended effect of these
Orders, it will be well to state that the consent of _both_ the Allies
of England in this war is necessary to give full validity to the
Orders.
It is a very old principle that, during a _conjoint_ War, no subject
of an ally can trade with the common enemy without liability to
forfeiture, in the prize courts of the ally, of all his property
engaged in such trade. This rule can be relaxed only by the permission
of the allied nations, according to their mutual consent.[212]
Lord Stowell lays down the principle in much broader terms, thus--
Public-domain text, read in full here on John Shaqi.
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