PORT ENTRY,-(continued.)

expression made use of to distinguish from the original or prime entry, 746.
seldom allowed on goods by rule, &c. 756.

POSTLIMINIUM, (See "Salvage,"

Recapture.")

right of, what, and defined, 430.

right of, does not take effect in neutral countries, 430.

extends to whole states, 430, 1.

movables not entitled to full benefit of, 430.

fixed possessions are, 430.

reason why moveables not so, 430.

but these are entitled to them when taken from the enemy immediately after
capture, 430.

what other things not subject to the right of, 431.

sometimes dispensed with between subjects and subjects, and other states, 430, 1.
effect of, on retaking of towns, countries, &c. 431.

in what case it will not operate on retaken places, 431.

how it attaches on property alienated by the enemy, 431, 2,
as to things immovable sold by the conquerors, 431. 52.
moveable, sold by them also, 432.

right of, how affected by a treaty of peace, 432.

intirely relates to a state of war, 432.

what to be deemed such a possession of movable property so as to bar the ope-
ration of the, 432.

regular sentence of condemnation necessary in England, 432.

ship decreed to be restored after fourteen weeks possession, 433.

where she had made several voyages, 433.

but transfer to neutral, after peace made, is good without condemnation, 433.
reason why so, 434.

title to ship gained by a person as neutral not defeated by his turning enemy, 434.
and if such ship is then taken, this right does not operate, 434.

modifications of the law of, as it regards England and her allies, 434, 5.

subsists between the British subjects till end of war, 435.

consequence of this law, 435.

exception to the law, 435.

not so when recaptured property was captured at first in an illegal trade, 435.
actual maritime law of England regarding recaptured property, 435.

of the reward in cases of postliminium, 435.-(See "Salvage.")

PRACTICE.-(See "Action," " Evidence," "Information," "Judgment," " No-
tice," "Oaths," "Prosecutions," &c. &c.)

PREEMPTION,

of the right as incidental to dominion of sea, 103.-(See "Sea.”)

this right defined, 103.

right cannot be founded, unless there is a power to grant or refuse a passage,

103.

why not, 103, 4.

Puffendorf on this right, 104.

right of, will arise on sea as well as land, 105.

now used in cases of seizure of provisions carrying to enemy's ports, 446.
-(See "Contraband commerce.")

the same right sometimes accrues in cases of seizure of tar and pitch, 447.

PREROGATIVE,-(See " King.")

of imposing taxes, considered formerly to be in the king, 133.

but now declared to be illegal by parliament, 133.

king shall take alien's land by virtue of his, 162.

PREROGATIVE,—(continued.)

so, if alien purchase land and die, 162.

how and when it vests in the king, 162.

of dispensations by the prerogative of the crown, 491.-(See "Dispensation,"
King.")

war prerogative, what it is, 492.

PRESSING.-(See "Apprentice," “ Fisheries.”)

PRESUMPTION,

residence abroad raises the, of animus manendi, 399.

where a vessel is seized laden with bullion from South America, the, is that
it is Spanish property, 408.

in cases of capture, always is, that no surrender was made till conquest or
escape hopeless, 429.-(See " Recapture.")

raised by neutral property being found in enemy's ship, 440.

66

it is liable to be refuted by evidence to the contrary, 440.-(See " Neutrals.”)
in cases of blockade, 459.-(See "Blockade.")

PRINTS,

how far prohibited to be imported, 538.-(See " Books.”)

PRIVY COUNCIL,

denizen cannot be a member of, 121.-(See " Denizen.”)

what naturalized subject cannot be members of, 125.—(See “Naturalization.”)
its powers with regard to colonial free ports, 218, 9.-(See " Free Ports.”)
may permit importation of bread, &c. into Newfoundland from the United
States of America, 241.

into the province of Quebec, in cases of emergency, 242.

orders in, declaring hostile ports not so, evidence of a state of peace, 393.
issue dispensations from the admiralty laws, 490.-(See "Dispensation.")

PRISAGE,

was a duty payable by merchant strangers for charter granted to them by
Edward I. 696.

in what it consisted, 696. 98.

said to be older than the customs, 698.

duty of, when abolished, 706.-(See "Wine.")

PRIZE,

in all questions relating to, law merchant the guide, 32.-(See "Law Mer-
chant.")

foreign or English shipping made prize, how affected by navigation act, 190,
191.

importation of prize goods how to be made, 192.

ship properly condemned may be employed in colonial trade, 215.—(See
"Colony.")

prohibitions upon trade does not attach on prize goods, 251.

and they may therefore be imported from our possessions abroad, 251.

but they are subject to duty, 251.

goods expressly exempted from the operation of navigation act, 252.

but goods of British subjects taken prize by the French and carried into France,
are not admissible, 252.

ships are to be deemed British-built, 253.

commerce of belligerents considered legitimate prize of war, 414.

act for making prizes, 43 Geo. 3. c. 160. 420.

may be released by king previous to condemnation, 421.

liens of neutrals on goods taken as prize not allowed, 479, 80.
as to the duties of customs on prize goods, 712.

several cases on the point, 712.

PROBATE,

will granted in England, binds probate granted in colony, 661.

PROCLAMATION,-(See "Licence," " Orders in Council.")
of king, not binding, if contrary to law, 491, 2.
formerly law, now otherwise, 492.

of the king, will not alter law of land or law of nations, 492.

may be issued to restrain export of arms, ammunition, gunpowder, and naval
and military stores, 584.-(See "Stores.")

duties of tonnage on packet vessels may be imposed by, 720.

PROHIBITION,

will go where goods were seized by admiral for illegal importation, even though
enemy's goods, 537.

same where they are exported without payment of duty, became flotsam,
and admiral seized them, 537.

but in both cases the prohibition must be prayed for by a person seizing on
part of crown, 537, 8.

writ of, will run through all the king's domains, whether at home or abroad, 659.

PROOF OF PROPERTY,

shewing in whom the property of the ship is, 487.

something must be on board of a neutral ship, 487.-(See "Ships
Papers.")

if ship was built in enemies country, bill of sale must be on board, 487.
but a register is not necessary, 487. n. 2.

absolutely necessary, or neutrality may be disputed, 488.

PROSECUTION,

for any thing done in relation to the customs or excise, cannot be commenced
but by order of commissioners, 801.

or in name of attorney general, 801.

and all prosecutions commenced without their sanction, null and void, 801.-
(See "Information.")

PROVISIONS,-(See " Corn.”

may be prohibited to be exported by order in council, 583.

provision of the stat. 41 Geo. 3. c. 2. in this respect, 584.

exportation of them may be placed under regulations by order in council, 584.

exporting them contrary to order in council, exposes them to forfeiture, 584.
bounty on exportation of them, when salted, 595.

PRUSSIA,

late treaty with, 620.-(See " Treaty.")

PURVEYANCE,

notwithstanding the freedom of trade granted to aliens, purveyance of victual
is saved to the lords, 147.

what it was, 147.

does not now exist, 147.

PROCLAMATION,

in gazette for reprisals, evidence of a state of war, 393.

PROFIT,

interest of individual as to, same as the state, 12 to 18.
agriculture will yield the greatest profit, 12.

PROFIT,-(continued.)

public are not gainers by depressing the rate of profit, 18.
in matter of, one nation may prevent another, 81.
especially if there is any good reason for it, S1.

QUARANTINE.-(See second volume index, " Quarantine")

in all cases respecting, consul may administer oath, 62.

duties payable for, not altered by late consolidation act, 702.-See (" Customs.")
duties vary according to places whence ship comes, 722.

lower, when ship furnished with a clean bill of health than when not, 722.

RANSOM,-(See " Law Merchant.")

in all questions relating to, law merchants adhered to, 32.
of vessels taken from British subjects, prohibited, 428.
contracts for, void, and subject to a penalty of £500, 428.

RAW MATERIALS.-(See " Exportation," " Importation.")

may be warehoused on importation, manufactured goods cannot be, 542.

RECAPTURE.-(See " Capture.")

in cases of no letters of marque, necessary to entitle salvors to salvage, 420, 429.
seizure and recapture distinguishable, 428.

when used, and what recapture expresses, 428.

must be attempted by fellow subjects and allies, 429.

but attempt at, by the captured only, merit no duty, 429.

attempt at by mariner, no part of his duty, 429.

presumption in cases of, 429.

must be attempted by newly arriving force, 429.

of the right of postliminium and salvage in cases of, 430.-(See" Postliminium,"
"Salvage")

of the restoration of goods to owners on, 430.-(See “Postliminium.”)

REGISTER. (See "Shipping," "Navigation," post subsequent volumes.”)
all ships not having a register, deemed aliens ships, 254.

the exception, and what it is, 254, 5.

but a document required by law of nations, to be on board of neutral ships, 487,
-(See" Ships Papers.")

ship built at Surat, entitled to one, 634.

as to registering of ships built in India, 673.

what vessels there built, must be registered, and what not, 673, 4.

what vessels so registered to be entitled to privileges of British-built ships, 674.

what ships this last regulation will not affect, 674.

query if ships built in East Indies were affected by acts of registry, 674.

REIMPORTATION.-(See "Importation," " Relanding.")

RELANDING.-(See " Importation")

as to re-landing bounty or drawback goods, 608.

oath to be made on debenture, that goods have not been re-landed, 609.
in what cases the oath and the other regulations must be gone through by real
owners, 608.

in what cases they may be gone through by agent, 609.

forfeiture and penalty in case of re-landing drawback goods, 609, 610.
may be recovered within five years after offence, 610.

RELANDING.-(continued.)

goods shipped to foreign parts relanded here are forfeited, 781.

what exceptions allowed, 781.

forfeiture of persons engaged in it, 781.

REMEDY.-(See " Action.")

for recovery of bounty or drawback, 613.

mandamus may issue from K. B. to excise for payment of a drawback, 613.
but where malt which had paid duty was burnt, K. B. refused a mandamus, 613.
exchequer afterwards granted an order for payment, 613.

exchequer refused such order, where wheat was laden on board, at time when no
bounty was payable, but which afterwards became due, 613.

action lies against officer of customs for refusing to grant certificate for bounty,
614.

action lies against commissioners of excise for refusing to pay a drawback, 614.
no action lies against the revenue officer to recover money paid to him after he
has paid it to his superior, 614, 5.

REPORT INWARDS.-(See "Importation.")

of an importation of colonial molasses, 223.

as to the report on importation inwards, in general, 736.

master must do it on oath, 736.

liable to penalty if manifest does not agree with report, 736.
provision of 26 G. 3. c. 40., in this respect, 736,

must be on oath, and within 24 hours after arrival, 736.

what the report must contain, 736, 7.

manifest to be delivered at time of making report, 737.

before whom oath to be taken, 737.

consequences of a packing being wanting, and report not agreeing with
manifest, 737.

under what circumstances penalties will not be incurred, where this dis-
agreement takes place, 737.

where manifest is defaced, lost, or mislaid, 737.

this report precedes merchant's entry, on importation, 738.

not so on exportation, 738.

of report of ship in ballast, 739.-(See " Ballast.")

of report of ship with cargo, 739.

on arrival, master must proceed to custom house, and make his report, 739.
the method of doing it, 739, 40.

oath to be taken on making report, is administered by person in long
room, 739.

what statutes this duty imposed, with their provisions, 740.

penalty in case of breach, 740.

if statutes infringed with knowledge of officer, who conceals it, he forfeits
£100., 740.

the report must be made within 24 hours after arrival, 741.

it must be made by captain of a ship of war, 741.

forfeiture of master, consenting to the fraud, 749.

officers of excise may go on board and search, 749.

they may seize goods unshipping, that have not paid duty, and are not
entered, 749.

as to the seizure of goods for not being entered, 749.-(See "Seizure.")
as to the correction of error in, 745.

may be amended where no fraud was intended, 748.

provision of 59 Geo. 3. c. 123, 745, 6.

master liable to like penalties for making false amendment of report, as
for a false report, 746.