I. COURTS AND OFFICERS…

I. COURTS AND OFFICERS

The Prize Court in England.

[Sidenote: The High Court. [54 & 55 Vict. c. 53, s. 4.]]

1.--(1) The High Court shall, without special warrant, be a prize court, and shall, on the high seas, and throughout His Majesty's Dominions, and in every place where His Majesty has jurisdiction, have all such jurisdiction as the High Court of Admiralty possessed when acting as a prize court, and generally have jurisdiction to determine all questions as to the validity of the capture of a ship or goods, the legality of the destruction of a captured ship or goods, and as to the payment of compensation in respect of such a capture or destruction.

For the purposes of this Act the expression "capture" shall include seizure for the purpose of the detention, requisition, or destruction of any ship or goods which, but for any convention, would be liable to condemnation, and the expressions "captured" and "taken as prize" shall be construed accordingly, and where any ship or goods have been so seized the court may make an order for the detention, requisition, or destruction of the ship or goods and for the payment of compensation in respect thereof.

(2) Subject to rules of court, all causes and matters within the jurisdiction of the High Court as a prize court shall be assigned to the Probate, Divorce, and Admiralty Division of the Court.

[Sidenote: Power of High Court to enforce decrees of other courts. [27 & 28 Vict. c. 25. s. 4.]]

2. The High Court as a prize court shall have power to enforce any order or decree of a prize court in a British possession, and any order of the Supreme Prize Court constituted under this Act in a prize appeal.

Prize Courts in British Possessions.

[Sidenote: Prize courts in British possessions. [57 & 58 Vict. c. 39. s. 2 (1) and (3). 53 & 54 Vict. c. 27, s. 2 (3) and s. 9.] 53 & 54 Vict. c. 27.]

3. His Majesty may, by commission addressed to the Admiralty, empower the Admiralty to authorise, and the Admiralty may thereupon by warrant authorise, either a Vice-Admiralty court or a Colonial Court of Admiralty, within the meaning of the Colonial Courts of Admiralty Act, 1890, to act as a prize court in a British possession, or may in like manner establish a Vice-Admiralty court for the purpose of so acting; and any court so authorised shall, subject to the terms of the warrant from the Admiralty, have all such jurisdiction as is by this Act conferred on the High Court as a prize court.

Commissions. [57 & 58 Vict. c. 39, s. 2 (1), (2).]

4.--(1) Any commission, warrant, or instructions from His Majesty the King or the Admiralty for the purpose of commissioning a prize court at any place in a British possession may, notwithstanding the existence of peace, be issued at any time, with a direction that the court shall act only upon such proclamation as herein-after mentioned being made in the possession.

(2) Where any such commission, warrant, or instructions have been issued, then, subject to instructions from His Majesty the Vice-Admiral of such possession may, when satisfied by information from a Secretary of State or otherwise that war has broken out between His Majesty and any foreign State, proclaim that war has so broken out, and thereupon the said commission, warrant, and instructions shall take effect as if the same had been issued after the breaking out of such war and such foreign State were named therein.

(3) Any such commission, warrant, or instructions may be revoked or altered from time to time.

[Sidenote: Enforcement of orders.]

5. Every prize court in a British possession shall enforce within its jurisdiction all orders and decrees of the High Court and of any other prize court in a British possession in prize causes, and all orders of the Supreme Prize Court constituted under this Act in prize appeals.

[Sidenote: Remuneration of certain judges of prize courts in a British possession. [27 & 28 Vict. c. 25, ss. 10, 11.] 53 & 54 Vict. c. 27.]

6.--(1) His Majesty in Council may, with the concurrence of the Treasury, grant to the judge of any prize court in a British possession, other than a Colonial Court of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, remuneration, at a rate not exceeding five hundred pounds a year, payable out of money provided by Parliament, subject to such regulations as seem meet.

(2) A judge to whom remuneration is so granted shall not be entitled to any further emolument, arising from fees or otherwise, in respect of prize business transacted in his court.

(3) An account of all such fees shall be kept by the registrar of the court, and the amount thereof shall be carried to and form part of the Consolidated Fund of the United Kingdom.

[Sidenote: Returns from prize courts in British possessions. [27 & 28 Vict. c. 25, s. 12.]]

7. The registrar of every prize court in a British possession shall, on the first day of January and first day of July in every year, make out a return (in such form as the Admiralty from time to time direct) of all cases adjudged in the court since the last half-yearly return, and shall with all convenient speed send the same to the Admiralty registrar of the Probate, Divorce, and Admiralty Division of the High Court, who shall keep the same in the Admiralty registry of that Division, and who shall as soon as conveniently may be, send a copy of the returns of each half year to the Admiralty, and the Admiralty shall lay the same before both houses of Parliament.

[Sidenote: Fees. [57 & 58 Vict. c. 39 s. 3 (4).] 53 & 54 Vict. c. 27.]

8. If any Colonial Court of Admiralty within the meaning of the Colonial Courts of Admiralty Act, 1890, is authorised under this Act or otherwise to act as a prize court, all fees arising in respect of prize business transacted in the court shall be fixed, collected, and applied in like manner as the fees arising in respect of the Admiralty business of the court under the first-mentioned Act.

Appeals.

[Sidenote: Appeals to Supreme Prize Court. [54 & 55 Vict. c. 53, s. 4 (3).]]

9.--(1) Any appeal from the High Court when acting as a prize court, or from a prize court in a British possession, shall lie only to a court (to be called the Supreme Prize Court) consisting of such members for the time being of the Judicial Committee of the Privy Council as may be nominated by His Majesty for that purpose.

(2) The Supreme Prize Court shall be a court of record with power to take evidence on oath, and the seal of the court shall be such as the Lord Chancellor may from time to time direct.

(3) Every appeal to the Supreme Prize Court shall be heard before not less than three members of the court sitting together.

(4) The registrar and other officers for the time being of the Judicial Committee of the Privy Council shall be registrar and officers of the Supreme Prize Court.

[Sidenote: Procedure on, and conditions of, appeals. [27 & 28 Vict. c. 25, s. 5.]]

10.--(1) An appeal shall lie to the Supreme Prize Court from any order or decree of a prize court, as of right in case of a final decree, and in other cases with the leave of the court making the order or decree or of the Supreme Prize Court.

(2) Every appeal shall be made in such manner and form and subject to such conditions and regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by order in Council.

[Sidenote: Jurisdiction of the Supreme Prize Court in prize appeals. [27 & 28 Vict. c. 25, s. 6; 54 & 55 Vict. c. 53, s. 4 (3).]]

11. The Supreme Prize Court shall have jurisdiction to hear and determine any such appeal, and may therein exercise all such powers as are under this Act vested in the High Court, and all such powers as were wont to be exercised by the Commissioners of Appeal or by the Judicial Committee of the Privy Council in prize causes.

Rules of Court.

[Sidenote: Rules of court. [57 & 58 Vict c. 39, s. 3.]]

12. His Majesty in Council may make rules of court for regulating, subject to the provisions of this Act, the procedure and practice of the Supreme Prize Court and of the Prize Courts within the meaning of this Act, and the duties and conduct of the officers thereof, and of the practitioners therein, and for regulating the fees to be taken by the officers of the courts, and the costs, charges, and expenses to be allowed to the practitioners therein.

Officers of Prize Courts.

[Sidenote: Prohibition of officer of prize court acting as advocate, &c. [27 & 28 Vict. c. 25, ss. 14, 15.]]

13. It shall not be lawful for any registrar, marshal, or other officer of the Supreme Prize Court or of any other prize court, directly or indirectly to act or be in any manner concerned as advocate, proctor, solicitor, or agent, or otherwise, in any prize appeal or cause.

[Sidenote: Protection of persons acting in execution of Act. [27 & 28 Vict. c. 25, s. 51.]]

14. The Public Authorities Protection Act, 1893, shall apply to any action, prosecution, or other proceeding against any person for any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act whether commenced in the United Kingdom or elsewhere within His Majesty's dominions.

Continuance of Proceedings.

[Sidenote: Continuance of proceedings after conclusion of war. [57 & 58 Vict. c. 39, s. 2 (5).]]

15. A court duly authorised to act as a prize court during any war shall after the conclusion of the war continue so to act in relation to, and finally dispose of, all matters and things which arose during the war, including all penalties, liabilities and forfeitures incurred during the war.

II. PROCEDURE IN PRIZE CAUSES

[Sidenote: Custody of ships taken as prize. [27 & 28 Vict. c. 25, s. 16.]]

16. Where a ship (not being a ship of war) is taken as prize, and is or is brought within the jurisdiction of a prize court, she shall forthwith be delivered up to the marshal of the court, or, if there is no such marshal, to the principal officer of customs at the port, and shall remain in his custody, subject to the orders of the court.

[Sidenote: Bringing in of ship papers. [27 & 28 Vict. c. 25, s. 17.]]

17.--(1) The captors shall in all cases, with all practicable speed, bring the ship papers into the registry of the court.

(2) The officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture and saw the ship papers delivered up or found on board, shall make oath that they are brought in as they were taken, without fraud, addition, subduction, or alteration, or else shall account on oath to the satisfaction of the court for the absence or altered condition of the ship papers or any of them.

(3) Where no ship papers are delivered up or found on board the captured ship, the officer in command, or one of the chief officers of the capturing ship, or some other person who was present at the capture, shall make oath to that effect.

[Sidenote: Examination of persons from captured ship. [27 & 28 Vict. c. 25, s. 19.]]

18. The captors shall also, unless the court otherwise directs, with all practicable speed after the captured ship is brought into port, bring a convenient number of the principal persons belonging to the captured ship before the judge of the court or some person authorised in this behalf, by whom they shall be examined on oath.

[Sidenote: Delivery of ship on bail. [27 & 28 Vict. c. 25, s. 25.]]

19. The court may, if it thinks fit, at any time after a captured ship has been appraised direct that the ship be delivered up to the claimant on his giving security to the satisfaction of the court to pay to the captors the appraised value thereof in case of condemnation.

[Sidenote: Power to order sale. [27 & 28 Vict. c. 25, ss. 26 & 27.]]

20. The court may at any time, if it thinks fit, on account of the condition of the captured ship, or on the application of a claimant, or on or after condemnation, order that the captured ship be appraised (if not already appraised), and be sold.

[Sidenote: Power to award compensation notwithstanding release of ship.]

21. Where a ship has been taken as prize, a prize court may award compensation in respect of the capture notwithstanding that the ship has been released, whether before or after the institution of any proceedings in the court in relation to the ship.

[Sidenote: Application and effect of Part II. [27 & 28 Vict. c. 25, s. 31.]]

22.--(1) The provisions of this Part of this Act relating to ships shall extend and apply, with the necessary adaptations, to goods taken as prize.

(2) The provisions of this Part of this Act shall have effect subject to any rules of court dealing with the subject-matter thereof.

III. INTERNATIONAL PRIZE COURT

[Sidenote: Appointment of British judge and deputy judge of International Court. [See 39 & 40 Vict. c. 59, s. 6.]]

23.--(1) In the event of an International Prize Court being constituted in accordance with the said Convention or with any Convention entered into for the purpose of enabling any power to become a party to the said Convention or for the purpose of amending the said Convention in matters subsidiary or incidental thereto (hereinafter referred to as the International Prize Court), it shall be lawful for His Majesty from time to time to appoint a judge and deputy judge of the court.

(2) A person shall not be qualified to be appointed by His Majesty a judge or deputy judge of the court unless he has been, at or before the time of his appointment, the holder, for a period of not less than two years, of some one or more of the offices described as high judicial offices by the Appellate Jurisdiction Act, 1876, as amended by any subsequent enactment.

[Sidenote: Payment of contribution towards expenses of International Prize Court.]

24. Any sums required for the payment of any contribution towards the general expenses of the International Prize Court payable by His Majesty under the said Convention shall be charged on and paid out of the Consolidated Fund and the growing proceeds thereof.

[Sidenote: Appeals to International Prize Court.]

25. In cases to which this Part of this Act applies an appeal from the Supreme Prize Court shall lie to the International Prize Court.

[Sidenote: Transfer of cases to the International Prize Court.]

26. If in any case to which this Part of this Act applies final judgment is not given by the prize court, or on appeal by the Supreme Prize Court, within two years from the date of the capture, the case may be transferred to the International Prize Court.

[Sidenote: Rules as to appeals and transfers to International Prize Court.]

27. His Majesty in Council may make rules regulating the manner in which appeals and transfers under this Part of this Act may be made and with respect to all such matters (including fees, costs, charges, and expenses) as appear to His Majesty to be necessary for the purpose of such appeals and transfers, or to be incidental thereto or consequential thereon.

[Sidenote: Enforcement of orders of International Prize Court.]

28. The High Court and every prize court in a British possession shall enforce within its jurisdiction all orders and decrees of the International Prize Court in appeals and cases transferred to the Court under this Part of this Act.

[Sidenote: Application of Part III.]

29. This part of this Act shall apply only to such cases and during such period as may for the time being be directed by Order in Council, and His Majesty may by the same or any other Order in Council apply this Part of this Act subject to such conditions, exceptions and qualifications as may be deemed expedient.

IV. PRIZE SALVAGE AND PRIZE BOUNTY

Prize Salvage.

[Sidenote: Salvage to re-captors of British ship or goods from enemy.]

30. Where any ship or goods belonging to any of His Majesty's subjects, after being taken as prize by the enemy, is or are retaken from the enemy by any of His Majesty's ships of war, the same shall be restored by decree of a prize court to the owner.

[Sidenote: Permission to recaptured ship to proceed on voyage and postponement of proceedings. [27 & 28 Vict. c. 25, s. 41.]]

31.--(1) Where a ship belonging to any of his Majesty's subjects, after being taken as prize by the enemy, is retaken from the enemy by any of His Majesty's ships of war, she may, with the consent of the re-captors, prosecute her voyage, and it shall not be necessary for the re-captors to proceed to adjudication till her return to a port of His Majesty's dominions.

(2) The master or owner, or his agent, may, with the consent of the re-captors, unload and dispose of the goods on board the ship before adjudication.

(3) If the ship does not, within six months, return to a port of His Majesty's dominions, the re-captors may nevertheless institute proceedings against the ship or goods in the High Court, or in any prize court in a British possession, and the court may thereupon award prize salvage as aforesaid to the re-captors, and may enforce payment thereof, either by warrant of arrest against the ship or goods, or in the same manner as a judgment of the court in which the proceedings are instituted may be enforced.

Prize Bounty.

[Sidenote: Prize bounty to officers and crew present in case of capture or destruction of enemy's ship. [27 & 28 Vict. c. 25, s. 42.]]

32. If, in relation to any war, His Majesty is pleased to declare, by proclamation or Order in Council, his intention to grant prize bounty to the officers and crews of his ships of war, then such of the officers and crew of any of His Majesty's ships of war as are actually present at the taking or destroying of any armed ship of any of His Majesty's enemies shall be entitled to have distributed among them as prize bounty a sum calculated at such rates and in such manner as may be specified in the proclamation or Order in Council.

[Sidenote: Ascertainment of amount of prize bounty. [27 & 28 Vict. c. 25, s. 43.]]

33.--(1) A prize court shall make a decree declaring the title of the officers and crew of His Majesty's ship to the prize bounty, and stating the amount thereof.

(2) The decree shall be subject to appeal as other decrees of the court.

V. SPECIAL CASES OF JURISDICTION

[Sidenote: Jurisdiction in case of capture in land expedition. [27 & 28 Vict. c. 25, s. 34.]]

34. Where, in an expedition of any of His Majesty's naval or naval and military forces against a fortress or possession on land goods belonging to the state of the enemy, or to a public trading company of the enemy exercising powers of government, are taken in the fortress or possession, or a ship is taken in waters defended by or belonging to the fortress or possession, a prize court shall have jurisdiction as to the goods or ships so taken, and any goods taken on board the ship, as in case of prize.

[Sidenote: Jurisdiction in case of prize taken in expedition with ally. [27 & 28 Vict. c. 25, s. 35.]]

35. Where any ship or goods is or are taken by any of His Majesty's naval or naval and military forces while acting in conjunction with any forces of any of His Majesty's allies, a prize court shall have jurisdiction as to the same as in case of prize, and shall have power, after condemnation, to apportion the due share of the proceeds to His Majesty's ally, the proportionate amount and the disposition of which share shall be such as may from time to time be agreed between His Majesty and His Majesty's ally.

[Sidenote: Jurisdiction of High Court on petitions of right as under 23 & 24 Vict. c. 34. [27 & 28 Vict. c. 25, s. 52.]]

36.--(1) In any case where a petition of right under the Petitions of Right Act, 1860, is presented and the subject-matter of the petition or any material part thereof arises out of the exercise of any belligerent right on behalf of the Crown, or would be cognizable in a prize court within His Majesty's dominions if the same were a matter in dispute between private persons, the petition may, if the subject thinks fit, be intituled in the High Court as a prize court.

(2) Any petition of right under the last-mentioned Act, whether intituled in the High Court or not, may be prosecuted in that court if the Lord Chancellor thinks fit so to direct.

(3) The provisions of this Act relative to appeal, and to the making of orders for regulating the procedure and practice of the High Court as a prize court, shall extend to the case of any such petition of right intituled or directed to be prosecuted in that court; and, subject thereto, all the provisions of the Petitions of Right Act, 1860, shall apply with such adaptations as may be necessary in the case of any such petition of right; and for the purposes of this section the terms "court" and "judge" in that Act shall respectively be understood to include the High Court as a prize court and the judges thereof, and other terms shall have the respective meanings given to them in that Act.

VI. OFFENCES

[Sidenote: Offences by captors. [27 & 28 Vict. c. 25, s. 37.]]

37. A prize court, on proof of any offence against the law of nations, or against this Act, or any Act relating to naval discipline, or against any Order in Council or royal proclamation, or of any breach of His Majesty's instructions relating to prize, or of any act of disobedience to the orders of the Admiralty, or to the command of a superior officer, committed by the captors in relation to any ship or goods taken as prize, or in relation to any person on board any such ship, may, on condemnation, reserve the prize to His Majesty's disposal, notwithstanding any grant that may have been made by His Majesty in favour of captors.

[Sidenote: Perjury. [27 & 28 Vict. c. 25, s. 50.]]

38. If any person wilfully and corruptly swears, declares, or affirms falsely in any prize cause or appeal, or in any proceeding under this Act, or in respect of any matter required by this Act to be verified on oath, or suborns any other person to do so, he shall be deemed guilty of perjury, or of subornation of perjury (as the case may be), and shall be liable to be punished accordingly.

[Sidenote: Disobedience to, or desertion of, convoy. [27 & 28 Vict. c. 25, s. 46.]]

39. If the master or other person having the command of any British ship under the convoy of any of His Majesty's ships of war, wilfully disobeys any lawful signal, instruction, or command of the commander of the convoy, or without leave deserts the convoy, he shall be liable to be proceeded against in the High Court at the suit of His Majesty in His Office of Admiralty, and upon conviction to be fined, in the discretion of the Court, any sum not exceeding five hundred pounds, and to suffer imprisonment for such time, not exceeding one year, as the Court may adjudge.

VII. MISCELLANEOUS PROVISIONS

Ransom.

[Sidenote: Power for regulating ransom by Order in Council. [27 & 28 Vict. c. 25, s. 45.]]

40.--(1) His Majesty in Council may, in relation to any war, make such orders as may seem expedient according to circumstances for prohibiting or allowing, wholly or in certain cases or subject to any conditions or regulations or otherwise as may from time to time seem meet, the ransoming or the entering into any contract or agreement for the ransoming of any ship or goods belonging to any of His Majesty's subjects, and taken as prize by any of His Majesty's enemies.

(2) Any contract or agreement entered into, and any bill, bond, or other security given for ransom of any ship or goods, shall be under the exclusive jurisdiction of the High Court as a prize court (subject to appeal to the Supreme Prize Court), and if entered into or given in contravention of any such Order in Council shall be deemed to have been entered into or given for an illegal consideration.

(3) If any person ransoms or enters into any contract or agreement for ransoming any ship or goods, in contravention of any such Order in Council, he shall for every such offence be liable to be proceeded against in the High Court at the suit of His Majesty in His Office of Admiralty, and on conviction to be fined, in the discretion of the Court, any sum not exceeding five hundred pounds.

Customs Duties and Regulations.

[Sidenote: Prize ships and goods liable to customs duties and forfeiture. [27 & 28 Vict. c. 25, s. 47.]]

41.--(1) All ships and goods taken as prize and brought into a port of His Majesty's dominions shall be liable to and be charged with the same rates and charges and duties of customs as under any Act relating to the customs in force at the port may be chargeable on other ships and goods of the like description.

(2) All goods brought in as prize which would on the voluntary importation thereof be liable to forfeiture, or subject to any restriction, under the laws relating to the customs, shall be deemed to be so liable and subject, unless the Customs authority see fit to authorise the sale or delivery thereof for home use or exportation, unconditionally or subject to such conditions and regulations as they may direct.

[Sidenote: Regulations of customs as to prize ships and goods. [27 & 28 Vict. c. 25, s. 48.]]

42. Where any ship or goods taken as prize is or are brought into a port of His Majesty's dominions, the master or other person in charge or command of the ship which has been taken or in which the goods are brought shall, on arrival at such port, bring to at the proper place of discharge, and shall, when required by any officer of customs, deliver an account in writing under his hand concerning such ship and goods, giving such particulars relating thereto as may be in his power, and shall truly answer all questions concerning such ship or goods asked by any such officer, and in default shall forfeit a sum not exceeding one hundred pounds, such forfeiture to be enforced as forfeitures for offences against the laws relating to the customs in force at the port are enforced, and every such ship shall be liable to such searches as other ships are liable to, and the officers of the customs may freely go on board such ship and bring to the King's or other warehouse any goods on board the same, subject, nevertheless, to such regulations in respect of ships of war belonging to His Majesty as shall from time to time be issued by His Majesty.

[Sidenote: Sale of prize goods and power to remit customs duties. [27 & 28 Vict. c. 25, s. 49.]]

43. Goods taken as prize may be sold either for home consumption or for exportation; and if in the former case the proceeds thereof, after payment of duties of customs, are insufficient to satisfy the just and reasonable claims thereon, the Customs authority may remit the whole or such part of the said duties as they see fit.

Capture by Ship other than a Ship of War.

[Sidenote: Prizes taken by Ships other than ships of war to be droits of Admiralty. [27 & 28 Vict. c. 25, s. 39.]]

44. Any ship or goods taken as prize by any of the officers and crew of a ship other than a ship of war of His Majesty shall, on condemnation, belong to His Majesty in His office of Admiralty.

Supplemental.

[Sidenote: Saving for rights of Crown; effect of treaties, &c. [27 & 28 Vict. c. 25, s. 55.]]

45. Nothing in this Act shall--

(1) give to the officers and crew of any of His Majesty's ships of war any right or claim in or to any ship or goods taken as prize or the proceeds thereof, it being the intent of this Act that such officers and crews shall continue to take only such interest (if any) in the proceeds of prizes as may be from time to time granted to them by the Crown; or

(2) affect the operation of any existing treaty or convention with any foreign power; or

(3) take away or abridge the power of the Crown to enter into any treaty or convention with any foreign power containing any stipulation that may seem meet concerning any matter to which this Act relates; or

(4) take away, abridge, or control, further or otherwise than as expressly provided by this Act, any right, power, or prerogative of His Majesty the King in right of His Crown, or in right of His office of Admiralty, or any right or power of the Admiralty; or

(5) take away, abridge, or control, further or otherwise than as expressly provided by this Act, the jurisdiction or authority of a prize court to take cognizance of and judicially proceed upon any capture, seizure, prize, or reprisal of any ship or goods, and to hear and determine the same, and, according to the course of Admiralty and the law of nations, to adjudge and condemn any ship or goods, or any other jurisdiction or authority of or exerciseable by a prize court.

[Sidenote: Power to make Orders in Council. [27 & 28 Vict. c. 25, ss. 53, 54.]]

46.--(1) His Majesty in Council may from time to time make such Orders in Council as seem meet for the better execution of this Act.

(2) Every Order in Council under this Act and all rules made in pursuance of this Act shall be notified in the London Gazette, and shall be laid before both Houses of Parliament within thirty days after the making thereof, if Parliament is then sitting, and, if not, then within thirty days after the next meeting of Parliament, and shall have effect as if enacted in this Act.

[Sidenote: Definitions. 27 & 28 Vict. c. 25, s. 2.]

47. In this Act unless the context otherwise requires--

The expression "the High Court" means the High Court of Justice in England:

The expression "any of His Majesty's ships of war" includes any of His Majesty's vessels of war, and any hired armed ship or vessel in His Majesty's service:

The expression "officers and crew" includes flag officers, commanders, and other officers, engineers, seamen, marines, soldiers, and others on board any of His Majesty's ships of war:

The expression "ship" includes vessel and boat, with the tackle, furniture, and apparel of the ship, vessel, or boat:

The expression "ship papers" includes all books, papers, and other documents and writings delivered up or found on board a captured ship, and, where certified copies only of any papers are delivered to the captors, includes such copies:

The expression "goods" includes all such things as are by the course of Admiralty and law of nations the subject of adjudication as prize (other than ships):

The expression "Customs authority" means the Commissioners or other authority having control of the administration of the law relating to customs.

[Sidenote: Short title and repeal.]

48.--(1) This Act may be cited as the Naval Prize Act, 1911.

(2) The enactments mentioned in the second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

APPENDIX XIII

GENEVA CONVENTION ACT, 1911 1 & 2 GEO. 5, CHAPTER 20 An Act to make such amendments in the Law as are necessary to enable certain reserved provisions of the Second Geneva Convention to be carried into effect. [18th August 1911.]

Whereas His Majesty has ratified, with certain reservations, the Convention for the amelioration of the condition of the wounded and sick of armies in the field, drawn up in Geneva in the year one thousand nine hundred and six, and it is desirable, in order that those reservations may be withdrawn, that such amendments should be made in the law as are in this Act contained:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows:--

[Sidenote: Prohibition of use of emblem of red cross on white ground, &c.]

1.--(1) As from the commencement of this Act it shall not be lawful for any person to use for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words "Red Cross" or "Geneva Cross," and, if any person acts in contravention of this provision, he shall be guilty of an offence against this Act, and shall be liable on summary conviction to a fine not exceeding ten pounds, and to forfeit any goods upon or in connection with which the emblem or words were used.

(2) Where a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secretary, and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Act and liable to the like penalty.

(3) Nothing in this section shall affect the right (if any) of the proprietor of a trade mark registered before the passing of this Act, and containing any such emblem or words, to continue to use such trade mark for a period of four years from the passing of this Act, and, if the period of the registration or of the renewal of registration of any such trade mark expires during those four years, the registration thereof may be renewed until the expiration of those four years, but without payment of any fee.

(4) Proceedings under this Act shall not in England or Ireland be instituted without the consent of the Attorney-General.

(5) This Act shall extend to His Majesty's possessions outside the United Kingdom, subject to such necessary adaptations as may be made by Order in Council.

[Sidenote: Short title.]

2. This Act may be cited as the Geneva Convention Act, 1911.

INDEX

This Index does not refer to Conventions, &c., printed in the Appendices.

A

Abuse of flag of truce, 281 of neutral asylum, 419, 420-423

Abyssinian War, referred to on: hostile destination of goods, 505 trial of neutral vessels after conclusion of peace, 556

Acts of force initiative of war, 126-128

Admiralty, origin of Board of, 239

Aerial warfare. See Air-vessels

Aeroplanes, conditional contraband, 506

Africa, case of the, 531

Air-vessels: invasion by, 207 violence directed from, 150, 192, 227

Alabama, case of the, 406-409

Alaska Boundary dispute (1903), 18

Alexander I. of Russia exacts oath of allegiance in Finland, 205

Alexander II. of Russia, and laws of war, 81

Alexis, case of the, 40

Allegiance, oath of, 173, 205, 212

Alverstone, Lord, 18

Ambulances, See Convoys of Evacuation

American Civil War, referred to on: blockade, 453, 454, 463, 465, 469 ingress and egress of neutral warships during, 453 contraband, 487, 499, 501 neutral asylum during, 418, 443 political agents on neutral vessel, 519, 530 real war, 63 sale of vessels during, 427 stone-blockade, 450 treatment of prizes in, 243, 557

American-English War (1812), referred to on: capture in neutral port, 442 destruction of neutral prizes, 243 reprisals, 307

American War of Independence, referred to on: convoy, vessels under, 536 espionage, 198 reprisals, 306 treatment of prizes during, 243

Amicable settlement of State differences. See State differences

Amiens, Peace of (1802), 332

Amnesty, 334

Analogous of contraband. See Unneutral service

Andersen v. Marten, case of, 555

André, Major, case of, 198

Angary: derivation of right of, 449 exercise of right of, 385, 510 modern right of, 447 obsolete right of, 446 pre-emption of neutral goods under right of, 449

Anna, case of the, 443

Anne, Empress of Russia, 43

Anspach, troops marched through, 392

Arbitration: a means of settling State differences, 5 appointment of arbitrator, 17, 26 award, 18, 19, 30 appeal against, 31 binding force of, 18, 25, 30 competence of tribunal of, 29 compulsory, 25 conception of, 16 costs of, 32 early use of, 22 efficacy of, 25 Hague Convention, stipulations concerning, 24 language to be used during, 26, 28 minutes concerning, 28 Permanent International Court of, 22, 23, 26, 27-31, 561 preliminary proceedings in, 27 procedure of tribunal in, 27 rules governing, 27 scope of, 20-21 summary procedure in, 32 treaties of, 16, 18, 20, 26 obligations under, 16, 25 stipulations of, 18 tribunal of Court of, 27 value of, 22, 25

Arbitration Treaties, 16, 20, 21, 26

Area of operations during blockade, 471

Argentina, blockades of (1838) and (1845), 49

Armed Neutrality. See Neutrality

Armistices: character of, 290 commencement of, 296 competence to conclude, 293 contents of, 294-296 end of, 299 form of, 294 general, 291, 293 hostilities, cessation of, during, 290, 295 kinds of, 290, 291 lines of demarcation during, 296 partial, 293 permissible acts during, 294-296 purpose of, 291 re-victualling during, 295 suspension of arms during, 291 violation of, 297 by private individual, 298 visitation of neutral vessels during, 290, 534

Arnold, General, at West Point, 198

Arrêt de prince, 45

Aryol (or Orel), case of the, 256

Asgill, Captain, case of, 307

Askold, case of the, 422

Assault, 191-193

Asylum. See Neutral Asylum

Atalanta, case of the, 522

Athens, ancient law of, concerning reprisals, 41

Attack on enemy vessels, 225-237. See also Enemy vessels

Aube, Admiral, on naval warfare, 264, 266

Augusta Victoria, case of the, 390

Aurora, case of the, 423

Awni Illa, case of the, 269

B

Bahama Islands, access refused to belligerent warships at, 418

Baker, Sir Sherston, 281

Baltic Sea, asserted neutralisation of, 90

Baltica, case of the, 110, 116

Barbarous forces, 98

Barge, arbitration award of Mr., 19

Basle, office for volunteers at, 399

Bathurst, Lord, reprisal by, 307

Beasts of burden as contraband, 486

Belfort: capitulation of, 286 siege of, 193, 292 suspension of arms during siege of, 291

Belgium, neutralisation of, 91, 358, 363, 368, 393, 411, 413, 428

Belligerents: accessory, 93 angary, right of, exercised by, 446-449 appropriation of property by, 174-187 armed forces of, 94-106 asylum granted to, 409-425 barbarous forces as, 98 capture of neutral vessels by, 546-552 complaints of illegitimate warfare by, 302 conduct in general of, 378 deserters, treatment of, by, 105, 335 duties of, 378-386 impartiality of neutrals towards, 362, 381-383 insurgents as, 62, 92 intercourse between subjects of, 135-138, 275, 333 and neutrals, 117, 365, 385, 428 irregular forces of, 96 levies en masse of, 97, 152, 190, 313 loans to, by neutrals, 430 merchantmen of. See Merchantmen military operations by and against, neutrals, 386-397 military preparations by and against 397-409 navies of, 94, 99-105 neutralised States as, 91 neutrality to be recognised by, 367 non-combatants with armed forces of, 95, 151, 169, 250 non-hostile relations of, 273-299 occupation of neutral territory by, 394 principal, 93 prisoners of, treatment, 167-171 private enemy property, 139. See also Private enemy property privateers of, 99, 103, 357, 372, 534 Prize Courts of, 395. See also Prize Courts property in enemy State of subjects of, 139, 182 qualification to become, 62, 90 regular armies of, 94 representation at International Prize Court, 569 rights of, 378-386 services to, 153, 181, 212, 432-437 subjects of, on enemy territory, 131-135 supplies to, by neutrals, 375, 405-409, 426-430 trade between subjects of, 135-138, 275, 333 traitors. See War criminals vassal States as, 91 violation of neutrality by, 426, 438-445 visitation of neutral vessels by, 428, 533-545 volunteer fleets of, 100-104 war rebels, treatment of, by, 98

Bellona, case of the, 332

Bentinck, promise of, to Genoa, 284

Berlin: Congo Conference of (1885), 11 Decrees of (1806), 357, 453 Treaty of (1878), 330

Bermuda, case of the, 470, 500

Bernadotte, 391

Bismarck: act of reprisal by, 317 on diplomatic envoys in besieged town, 194 on crews of captured merchantmen, prisoners of war, 250, 308, 317 on right of angary, 448

Black Sea, neutralisation of, 88

Blockade: area of operations in, 471 breach of: attempt at, 468-472 canals, unblockaded and, 474 capture on account of, 475 consequences of, 475-478 definition of, 466 during armistice, 290 egress and, 473 ingress and, 472 penalty for, 476 practice of nations regarding, 386, 468-475 what constitutes a, 468-475 commercial, 452 competence to establish, 456 conception of, 450-455 continuous voyage and, 469, 472 contraband, seizure of, during, 290 declaration of, 456, 458 definition of, 450 effectiveness of: 356, 461-466 cessation of, 464 condition of, 461 danger necessary to create, 464 distinguished from fictitious, 461 end of, 460 establishment of, 456-461 existence of, 466 fictitious, 461 international rivers and, 454 inward, 453 justification for, 455 knowledge of, necessary for breach, 466 neutral vessels, time for egress of, 459 notification of, 456, 459, 466 former practice of nations regarding, 457 outward, 453 pacific. See Pacific blockade places liable to, 453 postal correspondence during, 237, 385 stone, 450, 463 strategic, 452 universality of, 452

Bluntschli: on continuous voyage, 504 on courts of justice during occupation, 215

Bolivia-Peruvian Boundary Dispute (1910), 19

Bombardment: by land forces, 191, 194 by naval forces, 266-270

Bonfils, on carriage of contraband, 504

Booty on battlefield, 163, 177, 181

Bosphorus and Dardanelles, 102

Bougainville, safe-conduct granted to, 232

Boundary disputes: between Bolivia and Peru, 19 between Great Britain and U.S.A., 18, 19 between Great Britain and Venezuela, 18

Boundary treaty of Buenos Ayres (1881) between Argentina and Chili, 89

Bowles, Mr. Gibson, on withdrawal from Declaration of Paris, 100

Bribery, 196, 201

British Foreign Enlistment Act, 358, 375, 494

Brussels: Conference of (1874), 208, 308 Declaration of (1874), 81, 171

Buenos Ayres, Boundary treaty of (1881), between Argentina and Chili, 89

Bukarest, treaty of (1886), 92

Bulgaria as a belligerent while under Turkish suzerainty, 62, 92

Buller, Sir Redvers, proclamation by during the South African War, 65

Bullets, expanding and explosive, 149, 250

Bulmerincq, proposal regarding Prize Courts, 560

Bundesrath, case of the, 500, 502, 552

Bureau of Information in war, 163, 171, 181

Bynkershoek: on contraband, 481, 508 on intercourse during war, 135 on neutrality, 350, 361, 422

C

Cabinet Ministers, capture of, 153

Camille, case of the, 426

Cancellation of treaties on account of: violation by one party, 338 war, 129

Capitulations: character and purpose of, 284 competence to conclude, 287 contents of, 285 flag of truce and, 286 form of, 286 violation of, 289

Captain W. Menzel, case of the, 376

Captivity: detention in, after peace, 170, 336 discipline in, 169-170 effect of treaty of peace on, 335 end of, 172, 335 law regarding, development of, 165-167 parole, release on, 170 relief societies assisting those in, 171 treatment of prisoners of war in, 167, 306 who may be taken into, 151, 152, 153, 169, 250, 308

Capture of neutral vessels: abandonment after, 551 conduct to port after, 547 destruction after, 547-551 effect of, 546 grounds of, 546 mode of, 546 ransom after, 551 recapture after, 551 release after, 551 trial after, 240, 553-558 after conclusion of peace, 555 by International Prize Court, 572-579 claims after, 557 municipal matter, a, 553 protests after, 557 result of, 555

Carolina, case of the, 519

Caroline, case of the, 376

Carriage of contraband. See Contraband of war

Cartel ships: rules regarding, 283 seizure of, 236

Cartels: definition and purpose of, 275, 282 ransom of soldiers arranged by, 166

Carthage, case of the, 506

Castro, de, 40

Catharine, Empress of Russia, 355, 357

Cattaro, access refused to belligerent warships at, 418

Cesarewitch, case of the, 423

Cessation of hostilities, simple, 323, 324

Chablais and Faucigny, neutralisation of, 88

Chambers of Reunion, the so-called, 61

Charles XII. of Sweden, dictum of, 147

Charleston, blockade of, 450, 465

Chauvinism, 38

Chino-Japanese War (1894), referred to on: asylum on neutral man-of-war, 423

Citizens. See Private individuals

Civil war: commencement of, 374 neutrality during, 365 termination of, 323

Clinton, Sir Henry, 198

Coal as contraband, 487

Columbia, case of the, 390

Commerce during war: between belligerents' subjects, 135, 275 between subjects of belligerents and neutrals, 352, 365, 385, 428

Commercen, case of the, 501

Commercia belli, 274

Commercial blockade, 452

Commercial treaty. See Treaties

Commission: of Arbitration, 18 of Inquiry, 7

Compensation for violations of the Laws of War, 319-321, 439

Complaints of belligerents, 302, 303

Compromis, 26-31

Compromise clause, 5, 17

Compulsive settlement of State differences. See State differences

Concentration camps, 153, 190

Conference of Berlin (1885), 11

Confiscantur ex navibus res, ex rebus naves, 219

Confiscation: at outbreak of war, 139, 140, 174-182, 204, 218 for carrying contraband, 508-514

Congo Conference of Berlin, 11

Congress of Vienna (1815), 88

Conquest, 325. See also Subjugation

Consolato del mare, 218, 219, 349, 352, 534

Consular activity, rupture of, 129

Continuous voyage, doctrine of, 469, 472, 491, 499-506

Continuous transport: doctrine of, 499-506 partial recognition of, by Declaration of London, 505

Contraband of war: absolute, 481, 483, 490, 498, 505 analogous of. See Unneutral Service articles for use of carrying vessel not considered, 493 beasts of burden as, 486 carriage of, 386, 495-514 capture for, 506 circuitous, 499-506 consequences of, 506-514 Continental opinion on, 504 direct, 497 indirect, 500-506 penal by municipal law, 495 penalty for, 508-514 without knowledge of war, 140, 235, 512 coal as, 487 conception of, 480-495 conditional, 481, 485, 491, 498, 506 pre-emption of, 510, 512 continuous transports, doctrine of, 499-506 cotton as, 487 definition of, 480 foodstuffs as, 486 horses as, 486 hostile destination essential to, 490 money as, 487 seizure of, during blockade, 290 seizure of, without seizure of vessel, 513

Contraband vessels, 390, 494

Contract debts, 25, 46

Contracts between subjects of belligerents, 137, 138, 333

Contributions, 183-187, 264, 267

Convoy: vessels under enemy, 542 vessels under neutral, 535-537, 543

Convoy of evacuation, 160

Cook, Captain, safe-conduct granted to, 232

Copenhagen: Battle of (1801), 356 Treaty of (1830), 542

Corfu, neutralisation of, 88, 369

Cotton as contraband, 487

Court of Arbitration at the Hague. See Permanent Court of Arbitration

Courts of Justice, during occupation of country, 214

Crete: blockade of, 49, 51 during the Turco-Italian War, 87

Crimean War, referred to on: asylum to men-of-war, 418 blockade, 453, 454, 464, 465 contraband, 501 enemy property at sea under neutral flag, 220 enemy subjects on belligerent's territory, 132 letters of marque, 220 loans, flotation of, 431 merchantmen at outbreak of war, 140, 235

D

Danous, case of the, 112

Danube, blockade of the, 453, 454

Dardanelles, 102

Dead, treatment of the, 162, 254

Dearborn, General, reprisal by, 307

Declaration concerning: diffusion of asphyxiating gases, 82, 150, 250 expanding (Dum-Dum) bullets, 82, 149, 250 launching of projectiles from balloons, 82, 150, 250

Declaration of: Brussels (1874), 81, 171 London (1909), 83, 360, 554 referred to on: blockade, 452-478 capture of neutral vessels, 547-552 contraband, 480-514 enemy character, 107, 113, 117 free articles, 492 transfer of enemy vessels, 118 transfer of enemy goods, 120 trial of neutral vessels, 555-558 unneutral service, 435, 515-532 visitation of vessels, 536, 537, 540-545 Paris (1856), 52, 79, 100, 101, 103, 130, 220, 221, 226, 242, 303, 354, 358, 384, 385, 452, 461, 481, 536 St. Petersburg (1868), 80, 149, 250

Declarations of: blockade, 456-459 contraband, 484, 488 neutrality, 374 war, 122-125

Delagoa Bay, case of, 502

Den Beer Portugael, General, and rules on bombardment, 266

Denmark, treaty by, affecting neutrality, 372, 389 Swedish territory sold by, 205

Deserters, 105, 335

Despatches: bearers of, 197 carriage of, for enemy, 435, 515, 516, 521-524, 525, 526, 528, 531 right of sending, 194

Dessaix, case of the, 244

Destruction of enemy property: arms and ammunition, 189 during bombardment, 195 merchantmen, 242-245 monuments, 189 necessary, 188 provisions, 189 wanton, 187 works of art, 189

Devastation, general, 190

De Wütz v. Hendricks, 430

Diana, case of the, 236, 422

Dieppe, blockade of, 454

Diplomacy, 75

Diplomatic envoys: capture of, 154 carriage of, by neutrals, 517-521 despatches of, 435 found on enemy territory by a belligerent, 384 in besieged towns, 194 letters of marque granted by, 357

Diplomatic intercourse, rupture of, 129

Discovery, case of the, 232

Distress, vessels in circumstances of, 418, 472

Distribution of Prize Money Proclamation (1866), 248

Doelwijk, case of the, 505, 556

Dogger Bank, case of, 7, 15

Dolus non purgatur circuitu, 499

Domicile of owner determines character of goods, 115

Drago doctrine, 25

Duclair, British coal-vessels at, 448

Dum-Dum bullets, 149, 250

Dunant, Jean Henry, on treatment of wounded, 155

Dupleix, case of the, 89

Dutch East India squadron, attempted seizure of, 350

E

Edmonds, Colonel, 82

Effects of outbreak of war on: belligerents' property on enemy territory, 139 belligerents' subjects in enemy State, 131 diplomatic relations, 129 merchantmen, 140-143 persona standi in judicio, 133 States in general, 128 trade between belligerents' subjects, 135 treaties, 129

El Arish, capitulation of, 287-289

Elba, case of the, 424

Elisabeth, case of the, 236

Embargo: conception of, 44-46 different kinds of, 45 instance of, 40 practice of, 140, 446

Emblems of: hospital ships, 258 medical service of armies, 161

Emilia, case of the, 110

Ems, exclusion of the river, from blockade, 454

Enemy character: conception of, 106 of goods, 115-117 when transferred, 119 of individuals: enemy subjects domiciled in enemy country, 110-112 enemy subjects in neutral countries, 112 neutral subjects domiciled in enemy country, 109-112, 385 neutral subjects serving in armed forces of belligerents, 109 neutral subjects serving in police and administration of belligerents, 109 of vessels, 112-115 when transferred, 117 unneutral service creating, 524-526

Enemy convoy, 542

Enemy property. See Public enemy property; Private enemy property

Enemy territory, occupation of: an aim of warfare, 204 constructive, 208 courts of justice, position of during, 214 duties arising from, 210 end of, 210 envoys' position during, 384 neutral property during, 384 officials' position during, 213 rights arising from, 210-213 treatment of inhabitants during, 210-213 treatment of subjects of neutrals during, 213, 384 when effected, 98, 206

Enemy vessels: appropriation of, 238-249 attack and seizure of, 225-237 effect of seizure of, 231 furnishing of, by neutrals, 358, 372, 375, 389, 405-409 immunity from attack granted to, 232-237 in neutral waters, 395-397, 400-404 legitimate attack on, 225 medical and hospital staff of, 260 neutral goods on, 232, 542 postal correspondence on, 237, 385 religious staff on, 260 sick bays on, 257

Enlistment Act, Foreign: American, 358, 375 British, 358, 375, 494

Escape from captivity, 170, 172

Espionage, 196-199, 262, 313

Euridice, case of the, 426

Explosive bullets, 149, 250

F

Facultas bellandi, 90

Fanny, case of the, 542

Faravelli, bombardment of Turkish vessels in the harbour of Beirut by Italian naval forces under Admiral, 269

Faucigny, neutralisation of, 88

Fécamp, blockade of, 454

Federal States, wars by members of, 63, 68, 92

Fictitious blockade, 461

Fides etiam hosti servanda, 273

Fiore, 504

First Armed Neutrality, 354-356, 370, 461, 462, 481

First Coalition, 357

Fishing-boats, immunity from seizure, 234

Flag: character of vessel determined by, 112 transfer of vessels to neutral, 117 use of false, 201, 262

Flags of truce: abuse of, 203, 281 bearers, treatment of, 279 capitulations and, 286 land warfare and, 278 meaning of, 278 naval warfare and, 278 occasions when used, 278-282, 287, 302

Flight. See Escape

Flinders, safe-conduct granted to, 233

Florida, case of the, 443

Foodstuffs as contraband, 486

Foraging, 181

Foreign Enlistment Act. See Enlistment Act

Formosa, blockade of, 49, 52

Forsigtigheten, case of the, 426

Franciska, case of the, 465

Franco-British wars referred to on: (1793), property in enemy State of belligerents, 139 (1803), subjects of belligerents on enemy territory, 131 (1793), treaty obligations, 372

Franco-German War, referred to on: angary, 447, 448 armistices, 291, 292, 296, 297 asylum to belligerents, 411, 415 belligerents' subjects on enemy territory, 132 blockade, 454 cable laying, 436 capitulation, 286 courts of justice, 215 diplomatic envoys in besieged towns, 194 Franctireurs, 96 hostages, 317 loans, flotation of, 431 merchantmen, 222, 235, 236, 244 neutral asylum, 411, 415 neutrality, 89, 368, 369, 400, 413, 415 passage of volunteers through neutral territory, 399 peace treaty, 329, 338 pilotage, 433 postliminium, 342 prisoners of war, 250, 336 prizes, 244 reprisals, 306, 308 sieges, 193 supplies by neutrals, 427, 428 suspension of arms, 291 train-wrecking, 318 unorganised hostile expedition, 400 vessels sailing under flag of another State, 233 volunteer fleet, 100, 303

Franctireurs, 96

Frankfort, Treaty of (1871), 329, 338, 343

Frankfort-on-the-Main, subjugation of, 327

Freden, case of the, 441

Frederick II. of Prussia: forcible levies by, 205 reprisals by, 43, 44

Frederikshamm, Peace treaty of (1809), 205

Free articles, 481, 483, 492-494

French Prize Courts set up in America, 357, 395

Friendship and Commerce, treaties of, 167, 221, 371, 508

Fürst Bismarck, case of the, 390

G

Gaëta, blockade of, 49

Gelderland, case of the, 433

General, case of the, 502

General Armstrong, case of the, 442

Genêt, letters of marque granted by, 357, 395

Geneva: Court of Arbitration, 444 Société d'utilité publique, 155

Geneva Convention: adaptation of the principles of, to naval warfare, 80, 82, 252-262 application of the, 163 general provisions of the, 164 non-combatants and the, 415 origin of the, 154 prisoners and the, 151, 250 wounded and dead and the, 80, 154-165, 181

Geneva Cross, 161, 162, 164, 203, 258

Genoa, capitulation of, 284

German coast, blockade of, 454

German contract for felling trees in French forests, 342

Gessner on carriage of contraband, 504

Good offices: complaints by belligerents to neutrals settled by, 303 duty of asking for, 13 duty of offering, 10, 13 duty of receiving offer of, 13 Hague Convention, rules regarding, 12-14 mediation compared with, 11 purpose of, 10, 328 Russo-Japanese War and, 15 value of, 14

Goods sold by and to enemy subjects, enemy character of, 115, 119, 135-138, 249

Government officials, deposition by enemy of, 214

Greece, blockades of, 48, 49, 51

Grossovoi, case of the, 422

Grotius, cited on: armistices, 295, 297 captivity, 166 contraband, 480, 481 enemy subjects on belligerent's territory, 110 declaration of war, 121 destruction of enemy property, 189 neutrality, 349, 361

Guerilla war, 70, 190, 209

H

Hague Conventions concerning: bombardment by naval forces in time of war (IX.), 83, 265, 268-270 capture in maritime war, restrictions on the exercise of the right of (XI.), 83, 105, 233, 234, 237, 250, 360, 385, 522-524, 526 commencement of hostilities (III.), 82, 123-127, 363, 374 debts, employment of force for the recovery of contract (II.), 25, 46 disputes, pacific settlement of (I.), 6, 12-14, 20, 23-33, 122 Geneva Convention, adaptation of the principles of (X.), 82, 236, 250, 251, 252-262, 274, 413, 424, 425 International Prize Court, establishment of an (XII.), 108, 114, 117, 240, 241, 245, 360, 552, 555, 563, 565-579 merchant ships at the outbreak of hostilities, status of enemy (VI.), 83, 140-143, 235 merchant ships, conversion of, into war-ships (VII.), 83, 103, 360, 376 mines, laying of automatic submarine contact (VIII.), 83, 227-229, 360, 445, 463 neutral Powers and persons in war on land, rights and duties of (V.), 83, 94, 107, 108-110, 359, 364, 371, 382, 383, 384, 387, 389, 390, 393, 398, 399, 412, 414, 427, 431, 434, 435, 448 neutral Powers in maritime war, rights and duties of (XIII.), 83, 359, 376, 380, 382, 383, 384, 389, 394, 395, 396, 400, 401-404, 408, 418-423, 427, 432, 436, 441, 443, 445, 494 war on land, laws and customs of (IV.), referred to on: angary, exercise of right of, 448 armistices, 290, 291, 293, 296, 297, 298 assault, bombardment and siege, 192-195 booty, 177 Bureau of Information, 171 capitulations, 286, 289 compensation, 320, 438 espionage, treason, ruses, 196-199, 201, 202, 313, 315 flags of truce, 278-281 Geneva Convention, 80 irregular forces, guerilla bands and levies en masse, 70, 96, 97, 313 killing and wounding, 147, 148 means of land warfare, 145, 148 means of securing legitimate warfare, 301, 304, 308, 319, 321 non-combatants, 95 occupation of enemy territory, 206, 207, 211, 214 parole, 170 persona standi in judicio, 134 prisoners of war, 167, 169, 172, 250, 336 private individuals, 153, 298 property in enemy State, 140, 174-182, 188-190 property of the dead, 163, 274 quarter, 147 relief societies, 171 requisitions and contributions, 184, 185, 186, 438, 448 telegraph cables, 271

Hague Court of Arbitration. See Permanent Court of Arbitration

Hague Declarations concerning: asphyxiating gases, prohibition of use of, 82, 150, 250 bullets, expanding, prohibition of use of, 82, 149, 250 projectiles, prohibition of discharge of certain, 82, 150, 227, 250

Hague Peace Conferences: of 1899: 17, 81, 149, 150, 156, 222, 252; of 1907: 81, 108, 123, 140, 222, 223, 224, 233, 234, 252, 320, 383

Haimun, case of the, 437

Hale, case of Captain Nathan, 199

Hall, on requisitions and contributions in naval warfare, 264

Halleck, on: abuse of flag of truce, 281 ruses, 263 stratagems and perfidy, 202

Hanover, subjugation of, 327

Hansa, the, 62, 219

Harmony, case of the, 110

Hautefeuille, on: justification of blockade, 455 right of visitation of neutral vessels, 534

Hay-Pauncefote Treaty (1901), 89

Heads of States: power of making treaties when prisoner, 331 violence against, 147, 153

Heffter on occupation of enemy territory, 205

Heilborn, on war material on neutral territory, 416

Henfield, Gideon, case of, 358

Hertha, case of the, 89

Herzog, case of the, 502, 552

Hesse-Cassel: case of the Domains of, 344 subjugation of, 327

Hipsang, case of the, 548

Hobbs v. Henning, 503

Holland, blockade of, 49

Holland on: armistices, 290 bombardment, 266 contraband, 522 doctrine of continuous voyage, 500, 503 indemnities, 180 pacific blockade, 48 release of neutral prize, 552

Hon-kohe Bay, Russian fleet in, 404

Horses as contraband, 486

Hospital ships, 236, 254-257 emblem of, 258

Hostages, 153, 213, 246, 317-319

Hostilities: between belligerents. See War by and against neutrals, 386, 387 effect of simple cessation of, 323, 324 instances of simple cessation of, 323

Hübner, proposal regarding Prize Courts, 559

Huddy, Joshua, case of, 306

Hussar, case of the, 263

I

Icona, case of the, 548

Iltis, case of the, 424

Imina, case of the, 503

Indemnities for: neutral cargo on destroyed enemy vessels, 244, 245 neutral innocent cargo on destroyed neutral vessels, 550 private property, 142, 180, 182, 184

Indians, as members of regular forces, 99

Industrie, case of the, 525

Inflexible, case of the, 282

Information regarding military and naval operations, 211, 434

Inquiry Commissions, 7

Institute of International Law on: aerial warfare, 151 angary, 447 bombardment, 266-268 capture, 546 carriage of contraband, 504, 510 commencement of war, 123 contributions and requisitions, 265 effect of war on treaties, 131 insurrection, 92, 366 laws of war, 81 mines, sub-marine, 229, 445 neutrality, 408 pacific blockade, 50, 53 Prize Courts, 553, 560 prizes, 244 reprisals, 308-309 submarine cables, 271, 272 visitation, 534

Insurgents as belligerents, 69, 92

Intercourse: between subjects of belligerents, 135-138, 275, 333 between subjects of neutrals and belligerents, 117, 352, 365, 385, 428

International Bureau of the International Court of Arbitration, 27 acts as registry for Commissions at the Hague, 8 acts as registry for the International Prize Court, 562, 569, 573, 579

International Commission of Inquiry: in the Dogger Bank case, 7, 15 procedure at an, 7-9

International Conference at the Hague (1904), 256, 257

International Convention for the Protection of Submarine Telegraph Cables, 271

International Court of Arbitration. See Permanent Court of Arbitration

International Postal Union, in time of war, 130

International Prize Court: action in damages in the, 577-579 Administrative Council of the, 569 competence of the, 529, 541, 569-571 constitution of the, 565-569 Convention (XII.) for the establishment of an, 563 costs of parties before the, 576 expenses of the, 576 law to be applied by the, 571 personnel of the, 565 procedure of the, 572-577, 578 projects for an, 360, 559-563 registry of the, 569, 573, 579 seat of the, 568 tasks for the, 542, 543, 544, 545, 554, 557

International Rivers, blockade of, 454

Intervention: conception of, 54 distinguished from participation, 54 illegitimate warfare and, 302 instance of, 388 mode of, 55 right of, 304 time of, 55

Invasion in contradistinction to occupation, 98, 206

Invincible, case of the, 282

Ionian Islands, neutrality of, 88, 369

Irregular forces, definition of, 96

Italian Marine Code (1865), 222

Italian Prize Commission, 556

J

Jakoga, Major, case of, 199, 315

Jameson raid, 62

Jemchug, case of the, 423

Johanna Emilie, case of the, 110

Joinville, Prince de, on bombardment, 266

Jus: angariae, 45, 446 belli, 91 postliminii, 339 See also Right

K

Kaiserin Maria Theresia, case of the, 390

Kamranh Bay, Russian fleet in, 404

Keith, Lord, and capitulation of El Arish, 288

Kléber, General, and capitulation of El Arish, 287

Kleen, on carriage of contraband, 504

Knight Commander, case of the, 548

Korea, 87 as theatre of war, 387, 395

Korietz, case of the, 388, 424, 442

Kow-shing, case of the, 114, 424

Kriegs-manier, 84

Kruger, President, conveyance to Europe, 433

L

La Santissima Trinidad, case of the, 405

Lambermont, Baron, cited on private individuals who commit hostile acts, 66

Land warfare: aims of, 144 assault, 191-193 asylum during. See Neutral asylum bombardment, 191-195 captivity. See Captivity contributions, 153, 186, 212 convoys of evacuation, 160 dead, treatment of the, 162 distinguished from sea warfare, 145 emblems denoting medical establishments and personnel, 161, 203 enemy property. See Public enemy property; Private enemy Property espionage, 196-199 expanding bullets, 149 explosive bullets, 149 explosives from balloons, 150 flags of truce, 278 killing of combatants, 146 lawful practices in, 144, 148 means of, 144 medical establishments, units, and material, 158, 195, 493 medical personnel, 159 objects of means of, 145 occupation. See Enemy territory, occupation of prisoners, who may be made, 151, 152, 153, 169. See also Prisoners of War projectiles: from balloons, 150 diffusing noxious gases, 150 quarter, refusal of, 147 requisitions, 153, 183-186, 212 ruses, 200-203 sick, treatment of, 154-165 siege, 191-194 stratagems, 200-203 treason, 199 unlawful practices in, 144, 148, 192, 193 violence against enemy persons, 146, 151, 153 wounded, treatment of, 154-165 wounding of combatants, 146, 148

Lapérouse, Count, granted safe-conduct, 233

Laws of war: binding force of, 83 development of, 79-83 origin of, 78, 79 treaties regarding, 79-83

Legitimate warfare, means of securing, 300-321

Le Hardy contre La Voltigeante, 111

Lena, case of the, 422

L'Espiègle, case of the, 443

Letters of marque, 42, 46, 100, 220, 239, 351, 357, 399, 534

Levies: en masse, 97, 152, 190, 313 forcible, 205, 211 on neutral territories forbidden, 398

Licences: special, of ingress and egress during blockade, 453 to trade, 275

Lichtenstein, war with Prussia, 323

Lieber, on rules of war, 80

Lien on war material, 416

Lion, case of the, 424

Lippencott, Captain, case of, 307

Loans, 430-432

London: Declaration of. See Declaration of London Naval Conference of (1908-9), 108, 360, 536, 577 Treaty of (1863), 88

Louis XIV.: Ordinance of 1681, concerning neutral property, 219 practice of embargo, 446

Louis Napoleon, award of, in the case of the General Armstrong, 442

Ludwig, case of the, 244

Lushington, on blockade, 462, 463, 464

Luxemburg, neutrality of, 91, 368, 393, 413

Luxor, case of the, 507, 558

M

Madison, Mr., reprisal by, 307

Magellan, Straits of, neutralisation of, 89

Mailbags during war, 237, 385, 524

Mailboats during war, 236, 526, 531, 535

Malacca, case of the, 102

Manchuria, 87, 387, 395

Man-of-war, neutral, as an asylum, 423

Manouba, case of the, 531

Marauding, 316

Maritime Convention of St. Petersburg (1801), 356, 536

Martens, von, 18

Mason, Mr., case of seizure of, 519, 530

Mediation, 10-15 difference between good offices and, 11 duty of asking for, 13 duty of offering, 10, 13 duty of receiving, 13 Hague Convention, rules regarding, 12-14 legal value of, 5 occasions for, 10, 303, 328 particular form of, 14 right of offering, 10, 15 value of, 14

Mediatorial Conference possible, 10

Medical establishments, &c. See Land Warfare, also Naval warfare

Menam, blockade of, 49

Menou, General, and capitulation of El Arish, 288

Merchantmen, enemy: appropriation of, 218-224, 238-249 attacking, 313 attack on, 104, 225, 226 conversion into men-of-war, 100-104 conversion into men-of-war after capture, 104, 231 crews of, 104, 250 destruction of, 242-245 immunity from seizure of, 234, 235 neutral goods on, 218-220, 244, 384 ransom of, 245 restoration of, 247 sale of, 117, 248 sale of goods on, in transitu, 119, 249 seizure of, 231 status of, at outbreak of war, 140-143 voyage of, at outbreak of war, 235

Merchantmen, neutral: crews of, 250 enemy goods on, 115, 218-224, 356, 385 giving transport to belligerents, 433, 525 rendering unneutral service, 386, 434, 524 rescuing wounded, &c., 259 under convoy, 355, 535, 543 under enemy flag, 112-115, 233, 248

Messina, blockade of, 49

Meteor, case of the, 405

Metz, battle of, 393, 413

Mexico, blockade of, 49

Military operations and neutrals, 386-397

Military preparations and neutrals, 397-409

Militia, 94

Mines: Convention concerning the laying of, 228, 463 floating mechanical, 227-231 submarine contact, 227-231, 445, 463

Mitylene, seizure of the island of, 43

Modena, subjugation of, 327

Modeste, case of the, 441

Money as contraband, 487

Montara, case of the, 114

Moynier, Gustave, 155

Municipal neutrality laws, 364, 375, 418, 422

Municipal officials, deposition by enemy, 214

N

Nancy Court of Appeal, case of, 215

Naniwa, case of the, 114, 423

Napoleon I.: act of reprisals by, 131 Berlin decrees of (1806), 357, 453 seizure of works of art by, 177 troops ordered by, to march through neutral territory, 391

Nassau, subjugation of, 327

Nationality of owner determines character of goods, 116

Naval Code: Italian, 222 United States. See United States

Naval Conference of London. See London

Naval Prize Act (1864), 245, 247

Naval Prize Bill (1911), 240, 245, 247

Naval warfare: aims of, 216 asylum during. See Neutral asylum bombardment of enemy coast, 266-270 cables, interference with submarine, 271 contributions, 264 dead, treatment of, 254 enemy merchantmen. See Merchantmen; Prizes espionage, 262 flags of truce, 278 French Ordinances relating to, 219 hospital ships, 236, 254-257 hospital staff on ships, 260 law of, impending codification, 224 lawful practices, 217 means of, 216, 225 medical staff on ship, 260 objects of, 218 prisoners, who may be made, 250 private property at sea during, 218-223 prizes. See Prizes; Prize Courts religious staff on ship, 260 requisitions, 264 restrictions on the right of capture, 232-237 ruses, 262 shipwrecked, treatment of, 253 sick, treatment of, 253 treason, 262 unlawful practices, 217 violence: against combatants, 249 against non-combatants, 250 against enemy civilians, 251 wounded: articles destined for the, 493 treatment of, 253 neutral ships assisting, 259, 423-425

Navarino, battle of, 48

Negotiation: conception of, 6 effect of, 9 importance of, 9 legal value of, 5 peace, 328 procedure during, 6

Negroes, as members of regular forces, 99

Nelson, 356

Nereide, case of the, 542

Netherlands, right of convoy claimed by the, 535

Neumayr de Ramsla, 349

Neutral asylum: abuse of, 420-423 exterritoriality of men-of-war in, 419 facilities rendered to vessels in, 402, 404, 420, 422, 423 fugitive soldiers and, 413-415 in general, 409 land and naval forces distinguished as regards, 417 land forces and, 409-416 naval forces and, 417-425 neutral men-of-war as, 423 non-combatants of belligerent forces and, 415 option of State to grant, 417 prisoners of war and, 410, 419 vessels in distress in, 418 war material in, 415

Neutral goods: innocent, on destroyed neutral vessels, 550 on enemy men-of-war, 232, 542 on such enemy merchantmen as are being destroyed, 244

Neutralisation, temporary, 89

Neutralised States as belligerents, 91, 93, 386-389

Neutrality: angary, right of, 446-449 armed, definition of, 369 the First and the Second. See First Armed Neutrality; Second Armed Neutrality asylum, to land forces, 409-416 naval forces, 417-425 war material, 415 belligerents to recognise, 367 benevolent, 370 blockade. See Blockade characteristics of, 361-368 civil war and, 365 commencement of, 373-377 conception of, 361 contraband. See Contraband of war Conventions, 383 conventional, 369 declarations of, 374 definition of, 361 development and institution of, 347-360 different kinds of, 368-372 end of, 377 in general, 369 impartiality, contents of duty of, 362, 381, 383 instances of, 350 intercourse during, no cessation of, 365, 385 knowledge of war necessary for, 373 laws prescribing attitude of, 375-377 military operations and, 386-397 military preparations and, 397-409 oath of, 212, 364 partial, 369 perfect, 370 perpetual, 368 qualified, 370-372, 389, 392 rights and duties derived from, 363, 378-386 rule of 1756, 114, 353, 499 treaties affecting, 371-372 violation of. See Violation of neutrality voluntary, 369

Neutrals: asylum. See Neutral asylum belligerents occupying territory of, 394 conduct in general of, 362, 378 depôts and factories of belligerents on territory of, 397 fugitive soldiers in custody of, 413-415 hostilities by and against, 386-389 impartiality of, 362, 381-383, 386 intercourse between enemy and, 365, 385 loans by, to belligerents, 430 on the part of subjects of, 430-432 men-of-war, built and fitted out by, 405-409 passage of, through waters of, 393 rescuing wounded, &c., 259, 424 supplied by, 389 military operations and, 386-397 information regarding, 434-437 military preparations and, 397-409 mines, laying of, by, 445 naval operations and, 400-409 information regarding, 434-437 organisation of hostile expeditions by, 400 pilotage by, 432 Prize Courts on territory of, 395 prizes of belligerents and, 395 relations of, with belligerents, 378-449 representation at International Prize Court, 569 rights and duties of, 363, 378-386 services by, to belligerents, 389, 432-437 subjects of, fighting for belligerents, 390 supplies by, to belligerents, 375, 405-409, 426-430 on part of subjects of, 427-430 transport by, 424, 433-434 troops, levy of, by, 398 supplied by, 389, 398 vessels of, rescuing wounded, 259, 424

Neutral territory: as a base of naval operations forbidden, 400-404 as an asylum, 410-416, 425 despatches carried over, 435 other uses made of, by belligerents, 394-399, 400 passage through, 372, 382, 391-394, 399 shipwrecked, the, on, 424

Newspaper correspondents in naval warfare, 437

Niagara, case of the, 465

Nickolsburg, Preliminaries of, 329

Nigretia, case of the, 519

Nimeguen, Peace of (1678), 61

Non-combatants: attached to armies, 95, 151, 158-161, 169 attached to naval forces, 250, 254-257, 415

Non-hostile relations, 273-299

North-Eastern Boundary Dispute between U.S.A. and Great Britain, 19

North-German Confederation, 100

North Sea outrage. See Dogger Bank

Northern war, selling of territories during, 205

Notification: of blockade, 457-459 of bombardment, 194 of contraband, 484, 488 of outbreak of war, 125, 374

Novara, case of the, 233

Novik, case of the, 423

O

Occupation of enemy territory. See Enemy territory

Oki, Captain Teisuki, 199, 315

Oldhamia, case of the, 548

Oleg, case of the, 423

Open Sea: angary, right of, on, 447 belligerents in neutral ports leaving for, 401, 402, 421 capture on the, 526 contraband on, 495 despatch carriers on, 526, 528, 531 enemy property found on, by belligerents, 547 goods on neutral vessels on, 495-514 jurisdiction over foreign subjects on, 364 mechanical mines in, 227 neutral merchantmen on, 128 neutralisation of parts of, 88-90 order on the, in thirteenth century, 239 region of war, 85 telegraph cables in, 271, 272 visitation on, 534

Orange Free State, annexation of, 327 effective occupation of, 209

Ordinances by France on neutral ships and goods, 219

Orinoco Steamship Company, case of, 19

Orozembo, case of the, 518

Outbreak of war: after declaration, 123 after initiative hostile acts, 126 after ultimatum, 125 effects of. See Effects of outbreak of war in general, 121 notification of, 125

P

Pacific blockade: admissibility of, 50, 52 development of, 48 disposal of vessels seized during, 52 instances of, 48, 49, 51, 52 mode of, 52 third States and, 51 value of, 53 variations of practice in, 51 war not necessarily caused by, 53

Pacifico, Don, case of, 41, 49

Palme, case of the, 233

Panama Canal, neutralisation of the, 89

Papal States, 327

Paris: Act of November (1815), 392 Declaration of (1856). See Declaration of Paris Peace treaty of. See Peace treaty

Parma, subjugation of, 327

Parole, release on, 170, 172

Pascal, case of the, 424

Passage through neutral territory: of individuals intending to enlist, 399 of prisoners of war and wounded, 412 of troops, 372, 382, 391 of wounded, 392

Passports, 276

Paul, Emperor, armed neutrality in reign of, 355, 356

Paxo, neutralisation of, 88, 369

Peace: negotiations for, 328 preliminaries of, 329 restoration of condition of, 332

Peace Conferences. See Hague Peace Conferences

Peace Societies, so-called, 22

Peace treaty of: Amiens (1802), 332 Berlin (1878), 330 Bukarest (1886), 92 Frankfort (1871), 329, 338, 343 Frederikshamm (1809), 205 London (1863), 88; (1864), 88 Nimeguen (1678), 61 Paris (1856), 11 Portsmouth (1905), 15, 329, 331, 555 Prague (1866), 329 Pyrenees (1659), 537 San Stefano (1878), 330, 335 Westminster (1654), 535 Zürich (1859), 329

Perfidy, instances of, 202, 263, 281, 285

Permanent Court of Arbitration, 13, 22, 23, 26, 157, 561 Administrative Council of the, 565, 569 International Bureau of the, 8, 27, 562, 569, 573, 579 procedure of the, 27-31

Persia, emblem of medical service, 161, 259

Persona standi in judicio of alien enemies, 133

Peterburg, case of the, 102

Peterhoff, case of the, 454, 470, 500, 501

Phillimore on: blockade, 462 continuous voyage, 500 reprisals, 42 violations of neutrality, 371

Pillage, 181

Pilotage by neutrals, 432

Poison in warfare, 85, 148, 193, 249

Port Arthur, battle of, 423 blockade of, 227, 436 surrender of, 285

Portalis, declaration by, 64

Portsmouth, Peace treaty of (1905), 15, 329, 331, 555

Portugal, treaty affecting neutrality of, 372

Postal Convention: between Great Britain and Holland (1843), 237 between Great Britain and France (1860), 236

Postal correspondence during war 236, 385, 524

Postilion, case of the, 112, 115

Postliminium: conception of, 339 effects of, 340 illegitimate acts and, 343 interregnum debars, 343 legitimate acts unaffected by, 342 revival of former state of things, 341

Prague, Treaty of (1866), 329

Preliminaries of peace, 329

Prévost, General, reprisal by, 307

Princesse Marie, case of the, 548

Prisoners of war, 134, 151, 152, 153, 165-173, 250, 306, 308, 316, 335, 411, 419, 420

Private enemy property: appropriation of, 174, 179-182 at sea, 218, 221-224 booty on battlefield, 163, 177, 181 conveyed into belligerents' territory, 182 destruction of, 187-191 during bombardment, 194, 195 immovable, 179 on enemy territory, 139-143 personal, 180 transport, means of, 180 utilisation of, 179 war material, 180 works of art and science, 180, 195

Private individuals: during siege and bombardment, 193, 194 hostility in arms of, 97, 152, 312 intercourse and trade with enemy subjects, 135, 405, 427-432, 434-437 of neutral States, treatment of, 363-365 persona standi in judicio, 133 position at outbreak of war, 131 position in general as regards war, 63-67 property of, on enemy territory, 139 requisitions in kind and service from, 152, 184-187, 211-213 violence against, 151, 251

Privateering, 103, 219, 353

Privateers, 99, 357, 372, 534

Prize Courts: adjudication by, 231, 240 appeal against judgment of, 241, 529, 530, 555, 557 blockade runners, adjudication of, 476 captured neutral vessel to be tried by, 510-514, 529, 530, 544, 547-552 claims after judgment of, 557 conduct of neutral vessels to, 547 continuous voyage and, 499 discretion of, as to confiscation, 544 origin of, 238 practice of, 553 purpose of, 239 reform projects for, 559 territory on which instituted, 240, 395

Prizes: abandonment of, 246 cargo of, 242 conduct of, to Prize Court, 241, 546 crew of, 105, 231, 242, 547 destruction of, 242, 547 distribution of prize money, 248 fate of, 231, 247 hostage for ransom, 246 loss of, 246 neutral goods on, 242, 244, 530 ransom of, 245 recapture of, 246, 551 safe keeping on neutral territory, 395 sale of, 396 effect of, 248

Property. See Private enemy property; Public enemy property

Prussian Regulations regarding Naval Prizes, 505

Public enemy property: appropriation of, 174-178, 183 at sea, 218 booty on battlefield, 163, 177 destruction of. See Destruction of enemy property during bombardment, 195 immoveable, 174-175 moveable, 176-177 on enemy territory, 139 utilisation of, 175, 176

Pufendorf, 295

Pursuit, right of. See Right of pursuit

Pyrenees, Peace treaty of (1659), 537

Q

Qualification of belligerents, 90-92

Qualified neutrality, 370-372, 389, 392

Quarter: duty of giving, 147, 231, 249 refusal of, 147

Quartering of soldiers, 181, 185

R

Railways, use of, in war, 139, 176, 180, 447, 448

Ramillies, case of the, 263

Ransom of prize, 245

Rapid, case of the, 522

Ras-el-Tin Fort, case of, 282

Rebellion contrasted with war, 62

Rebels, 70

Recapture of prizes, 246, 551

Receptum arbitri, 17

Recognition as a belligerent Power, 69

Red Cross, 161, 164, 203, 258

Red Sea, proposed neutralisation of, 90

Region of war, 85-90 exclusion from, through neutralisation, 88

Relief Societies, 171

Reparation for: exercise of right of angary, 385 violation of neutrality, 352, 380, 442

Repatriation, 172, 173

Reprisals: admissibility of, 40, 46, 281, 305 arbitrariness in, danger of, 306 by whom performed, 41 cessation of, 46 conception of, 38 embargo, 40, 44. See also Embargo inception of, 46 instances of, 131, 147, 306-308 kinds of, 42, 44 laws of war not binding in case of, 84 objects of, 42 peace, distinguished from war, 46, 305 proportionate to wrong done, 44 restriction of, proposed, 308 value of, 46, 305

Requisitions, 153, 181, 183-186, 212, 264, 267

Reshitelni, case of the, 389, 442

Resistance to visitation, forcible, 540-543

Retorsion: conception and characteristics of, 36 exercise of, 37 importance of, 36 justification for, 37 reprisals contrasted with, 38 value of, 38

Reuss, M. de, 40

Riga, blockade of, 464

Right: of angary, 446-449, 510 of convoy, 535 of pursuit of a vanquished army into neutral territory, 352, 387 of pursuit of a defeated fleet into neutral waters, 352, 387, 422 of stoppage in transitu, 120 of visit and search, 290, 533 See also Jus

Rio de Janeiro, blockade of, 49

Rio Grande, blockade of the, 454

Rivier, 84

Riza Bey, Colonel, made prisoner, 531

Roberts, Lord: action concerning train wrecking, 318 proclamations during South African War, 318 reprisal by, 306

Robe d'ennemy confisque celle d'amy, 219

Roche, Hon. J. B., case of, 376

Rojdestvensky, Admiral, in territorial waters, 404 North Sea outrage and, 7

Rouen, blockade of, 454

Rule of 1756, 114, 353, 499

Ruses: characteristics of, 200 distinguished from perfidy, 202 kinds of, 201, 262

Russo-Japanese War referred to on: armistice, 331 asylum to men-of-war, 422, 423 booty on battlefield, 182 capitulation, 285 contraband, 486, 488 declaration of war, 123 destruction of enemy merchantmen, 243 destruction of neutral prizes, 548 Dogger Bank case, 7 disguised soldiery, 202, 302 enemy subjects on belligerent's territory, 132 hospital ships, 256 intervention, 388 irregular forces, 96 loans, flotation of, 431, 432 mechanical mines, 227 merchantmen at outbreak of war, 235 neutrality, 87, 359, 375, 387, 390, 422 peace negotiations, 329, 331 prisoners of war, 336, 424 prizes, destruction of, 243 region of war, 87, 387, 395 release of neutral prizes, 555 telegraphic facilities, 436 unneutral service, 519, 525 volunteer fleets, 102 warships in neutral waters, 404 war treason, 315

Russo-Swedish War (1788), referred to on neutrality, 372, 389

Russo-Turkish War (1877), referred to on: flag, use of false, 262 loans, 431 merchantmen at outbreak of war, 235 peace negotiations, 330

S

Safe-conducts, granting of, 232, 276

Safeguards, 277

St. Kilda, case of the, 548

St. Petersburg: Declaration of. See Declaration of St. Petersburg Maritime Convention of (1801), 356, 536

Sale of vessels in time of war, 117, 248, 390, 426

San Stefano, Peace treaty of, 330, 335

Sardinia, subjugation of States by, 327

Scott, Sir William: neutral property on armed enemy vessels condemned by, 542 on capture of enemy vessels in neutral waters, 443 on contraband, 503 on unneutral service, 519 on vessels under neutral convoy, 543 See also Stowell, Lord

Scouting, 197

Scouts, use of armed natives as, 99

Sea warfare. See Naval warfare

Search: resistance to, 540-545 right of, over merchantmen, 533-540 during armistice, 290

Second Armed Neutrality, 355-357, 370, 461, 468, 481, 536

Sedan, battle of, 393

Seizure, immunity of vessels from, 232-237 See also Enemy vessels

Servia, 62, 91

Seven Years' War, forcible levies in, 205

Ship. See Enemy vessels; Merchantmen

Ship papers, 543-545

Shipwrecked, treatment of the, 252-262, 424

Sicilian sulphur monopoly, 39, 45

Sicilies, subjugation of the Two, 327

Sick-bays, 257

Siege, 191, 193

Silesia, passage of troops through, 391

Silesian loan, case of the, 44, 557

Sinnet, Mr., case of, 376

Slidell, Mr., case of seizure of, 519, 530

Smith, Sir Sidney, and capitulation of El Arish, 287

Smolensk, case of the, 102

Solferino, battle of, 155

South African Republic: annexation of, 326, 327 effective occupation of, 209

South African War referred to on: amnesty, 334 concentration camps, 190 devastation, 190 enemy character, 109 enemy subjects on belligerent's territory, 132 hostages, 318 natives as scouts, 99 need of an International Prize Court, 561 neutrality, 359 neutrals' subjects fighting in the, 109 passage of troops, 372 prisoners, 147 repatriation, 173 reprisals during, 306 subjugation, 327 transport, 433 vessel, release of, 552

Spanish-American War referred to on: cable laying, 436 cancellation of treaties, 129 flag, use of false, 262 merchantmen at outbreak of war, 235

Spanish Armada, prisoners from, on neutral territory, 411

Spanish Colonies' War of Independence, sale of vessels in (1825), 426

Spies, 196, 262

Springbok, case of the, 470, 500, 501

Stackelburg, Baron de, case of, 43

State differences: amicable settlement of, 3-33 four ways, 5 compulsive settlement of, 34-56 conception, 34 four ways, 5, 34 ultimatums and demonstrations, 35 war distinguished from, 34 Law of Nations and, 4 legal, 3-5 causes of, 3 settlement of, 4 political, 3-5 causes of, 3 settlement of, 4

States: duty of, in neutrality, 363 qualification to make war, 90-93

Stephen Hart, case of the, 470

Stockholm, Convention of (1905), 89

Stoessel, General accused of perfidy, 285

Stone-blockade, 450, 463

Stoppage in transitu, right of, 120

Story, Mr. Justice, 501, 542

Stowell, Lord: on immunity of fishing-boats, 234 on Prize Courts, 554 See also Scott, Sir William

Strassburg, 61, 193

Stratagems. See Ruses

Strategic blockade, 452

Subjugation: definition of, 326 formal end of war, 326 instances of, 326

Submarine cables, 271, 436

Submarine mines. See Mines

Subsidies, 430-432

Suez Canal, neutralisation of, 88, 102

Suspension of arms, 291

Swineherd, case of the, 332

Swiss Bundesrath, on treatment of wounded, 155

Swiss Federal Council and the Geneva Convention, 164

Switzerland, neutralisation of, 91, 348, 358, 363, 368, 369, 392, 413, 415, 428 troops marched through, 392

Sybille, case of the, 263

T

Tagus, blockade of the, 49

Talbot, case of the, 424

Telegraph cable, interference with submarine, 271-272 use of, by belligerents, 435-437

Telegraphy, wireless, 436, 437

Temeraire, case of the, 282

Tetardos, case of the, 548

Tetens, proposal regarding Prize Courts, 560

Thea, case of the, 548

Theatre of war, 85

Torpedoes, 227

Trading between belligerent's subjects. See Intercourse

Train-wrecking, 318

Traitors, 105

Transfer: of enemy goods, 119 of enemy vessels, 117

Transmission of intelligence for the enemy, 521

Transport on the part of neutrals, 424, 433, 434

Transvaal. See South African Republic

Treason, 199, 262, 313-316, 318

Treaties: cancellation of, at outbreak of war, 129 cancellation through violation by one party, 339 interpretation of, 20, 26 of Arbitration, 16, 20, 21 of Commerce (1871), 221, 509 (1894), 17 of Friendship and Commerce (1785), 167, 221, 508 (1778), 371

Treaty of: Buenos Ayres (1881), 89 Copenhagen (1830), 542 Washington (1871), 557 Westminster (1654), 535

Treaty of peace: amnesty under, 334 breach of, 338 competence to conclude, 330 contracts, suspended, and, 333 date of, 331 effects of, 332-337 forces in distant parts, effect on, 332 form of, 330 interpretation of stipulations of, 337 negotiations for, 328 normal end of war, 327 parts of, 330 performance of, 337 preliminaries of, 329 principle of uti possidetis, 334 prisoners of war, release of, 335 revival of treaties, 336

Trent, case of the, 519, 530

Trial of captured neutral vessels, 553-558

Tripoli, ultimatum threatening occupation of, 126

Tsu Shima, battle of, 423

Turco-Italian War (1911), referred to on: bombardment by naval forces, 269, 303 carriage of contraband, 506 complaints to neutral Powers during, 303 mediation, 11 Red Sea, proposed neutralisation of, 90 region of war, 87, 89 rules of the Declaration of London, 360 subjects of belligerent expelled from enemy territory, 132 subjects of belligerent on enemy territory, 132 unneutral service, 531

Turco-Servian War (1877), violation of neutrality during, 391

Turkey, emblem of medical service of, 161, 259

Tuscany, subjugation of, 327

Twee Gebroeders, case of the, 443

U

Ukase of 1809, 357

Ultimatum, 35, 125

Umpire in arbitration, 16, 32

United States of North America: Foreign Enlistment Act of, 358, 375 Instructions for the Government of Armies of the, in the Field (1863), 67, 80, 98 International Prize Court and the, 577 neutrality of, 371, 398, 400 War code: land, 67, 80, 98 naval 83, 217, 224, 233, 243, 262, 265, 272, 285, 447, 460, 486

Unneutral service, 386, 434 capture for, 526 carriage of despatches, 515, 521-524, 528, 531, 532 consequences of, 526-532 diplomatic personages, carriage of, for enemy, 519, 532 enemy character created by, 524 enemy persons, carriage of, 515, 517-521 kinds of, 515 mailboats carrying despatches, 526, 531 penalty for, 527 seizure of despatches, 530, 531 seizure of enemy persons, 530, 531 transmission of intelligence, 521

Uriu, Admiral, in Korean neutral waters, 388

Uti possidetis, principle of, 324, 334

Usus in bello, 78

V

Variag, case of the, 388, 424, 442

Vassal States, wars by, 62, 68, 91, 92

Vattel on: armistices, 295 loans to belligerents, 430 neutrality, 350 occupation of territory, 205 perfidy, 263 reprisals, 44

Vega, case of the, 233

Venezuela: blockade of, 50, 52 boundary dispute (1900), 18

Venus, case of the, 112

Versailles, Preliminaries of Peace of, 329

Vessels. See Enemy vessels; Contraband vessels

Victor, case of the, 427

Vienna Congress, Act of 1815, 88

Vigilantibus jura sunt scripta, 295

Villafranca, preliminaries of Peace Treaty of, 329

Violation of: armistices, 297 capitulations, 289 neutral territory, 384 neutrality, 93, 438-445, 371, 380, 507 conception of, 438 consequences of, 439 distinguished from end of, 439 mines laid to prevent, 445 negligence by neutrals conducive to, 444 neutrals and, 440 reparation from belligerents for, 352, 380, 442 what constitutes, 389-409, 412, 422, 426, 429, 430, 433, 435-437 peace treaties, 338 rules of war, 310

Violence: in land warfare, 146-154 in naval warfare, 249-251

Visitation of neutral vessels: armistice and, 534 conception of right of, 533 convoyed vessels, 355, 535-537, 542 exercise of, 534 mailboats, 535 men-of-war, 535 papers and, 543-545 private vessels, 535 procedure, 538 resistance to, 540-543 by neutral convoy, 543 consequences of, 540 rules regarding, no universal, 537 search, 539 stopping vessels for purpose of, 538 what constitutes, 541

Vladimirowka, occupation by the Japanese, 96

Voluntary Aid Societies, 158-160

Volunteer corps, 94

Volunteer fleet, 100-104

Vorwärts, case of the, 244

Vrow Houwina, case of the, 501

W

War: aerial warfare, 150, 192, 207, 227 armed forces in, 63 belligerents. See Belligerents causes of, 72-75 just, 74 pretexts distinct from, 75 cessation of hostilities, simple, 290, 323-324 characteristics of, 59-72 civil, 68, 323 commencement of, 121 conception of, 60-63 declaration of, 122-125 diminution of, 75 effects of the outbreak of, 128-143 ends of, 67, 76 enemy character. See Enemy character guerilla, 70-72 illegitimate, 300 initiative hostile acts, 126-128 kinds of, 76 land. See Land warfare laws of. See Laws of war legality of, 59 legitimate, 300 means of securing, 300-321 manifestoes of, 121 naval. See Naval warfare non-hostile relations of belligerents during, 273-299 outbreak of, 121-128. See also Effects of outbreak of war participants in, 62 poison and poisoned arms in, 85, 148, 193, 249 postliminium. See Postliminium pretexts for, 75 private individuals: status during, 63-67 hostilities by, 97, 152, 298, 312 purpose of, 67 region of, 85-90 right to make, 91 sea. See Naval warfare subjugation. See Subjugation temporary condition, a, 322 termination of, 322-332 territory neutralised in case of, 88-90 theatre of, 85 treaty of peace. See Treaty of peace ultimatum, 125 violation of rules of, 310

War crimes: conception of, 309 kinds of, 310-316 punishment for committing, 316 effect of treaty of peace on, 335

War criminals: in land warfare, 66, 96, 97, 197, 289, 303, 334 in naval warfare, 226

War of Secession (1861), 63

Washburne, case of Mr., 194

Washington: Three Rules of, 18, 406, 444 Treaty of, 557

Wellington, Duke of, on bombardment, 266

Westlake, proposition for Court of Appeal in prize cases, 560

Westminster, Treaty of (1654), 535

Wheaton, on resistance to visitation, 542

William, case of the, 499

Wireless telegraphy, use of by belligerents, 435-437

Wounded: articles for the use of, 493 treatment of, 154-165, 252-262, 393

Z

Zouche, on contraband, 508

Zürich, Peace of (1859), 329

THE END

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