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 Advanced
Practice
Nursing
Essentials for Role Development
Fourth Edition

6044_Fm_i-xvi.indd 1 9/11/17 8:51 PM

 viii Contributors

Jane M. Flanagan, PhD, ANP-BC Phyllis Shanley Hansell, EdD, RN, FNAP, FAAN
Associate Professor and Program Director Professor
Adult Gerontology Seton Hall University
Boston College College of Nursing
Connell School of Nursing South Orange, New Jersey
Chestnut Hill, Massachusetts
Allyssa Harris, RN, PhD, WHNP-BC
Rita Munley Gallagher, RN, PhD Assistant Professor
Nursing and Healthcare Consultant William F. Connell School of Nursing
Washington, District of Columbia Boston College
Boston, Massachusetts
Mary Masterson Germain, EdD, ANP-BC, FNAP, Gladys L. Husted, RN, PhD
D.S. (Hon)
Professor Emeritus
Professor Emeritus Duquesne University
State University of New York–Downstate Pittsburgh, Pennsylvania
Medical Center College of Nursing
Brooklyn, New York James H. Husted
Independent Scholar
Kathleen M. Gialanella, JD, LLM, RN Pittsburgh, Pennsylvania
Law Offices
Westfield, New Jersey Joseph Jennas, CRNA, MS
Associate Adjunct Professor Program Director
Teachers College, Columbia University Clinical Assistant Professor
New York, New York SUNY Downstate Medical Center
Brooklyn, New York
Shirley Girouard, RN, PhD, FAAN
Lucille A. Joel, EdD, APN, FAAN
Professor and Associate Dean
State University of New York-Downstate Distinguished Professor
Medical Center Rutgers-The State University of New Jersey
College of Nursing School of Nursing
Brooklyn, New York New Brunswick-Newark
New Jersey
Antigone Grasso, MBA Dorothy A. Jones, EdD, RNC-ANP, FAAN
Director Professor, Boston College
Patient Care Services Management Systems Connell School of Nursing
and Financial Performance Senior Nurse, Massachusetts General Hospital
Massachusetts General Hospital Boston, Massachusetts
Boston, Massachusetts
David M. Keepnews, PhD, JD, RN, NEA-BC, FAAN
Anna Green, RN, Crit Care Cert, MNP Dean and Professor
Project Manager Long Island University (LIU) Brooklyn
Australian Red Cross Blood Service Harriet Rothkopf Heilbrunn School of Nursing
Melbourne, Australia Brooklyn, New York

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 Contributors ix

Alice F. Kuehn, RN, PhD, BC-FNP/GNP Beth Quatrara, DNP, RN, CMSRN, ACNS-BC
Associate Professor Emeritus Advanced Practice Nurse–CNS
University of Missouri-Columbia University of Virginia Health System
School of Nursing Charlottesville, Virginia
Columbia, Missouri
Parish Nurse Kelly Reilly, MSN, RN, BC
St. Peter Catholic Church Director of Nursing
Jefferson City, Missouri Maimonides Medical Center
Brooklyn, New York
Irene McEachen, RN, MSN, EdD
Associate Professor Valerie Sabol, PhD, ACNP-BC, GNP-BC, ANEF,
Saint Peter’s University FAANP
Division of Nursing Professor and Division Chair
Jersey City, New Jersey Healthcare in Adult Population
Duke University
Deborah C. Messecar, PhD, MPH, AGCNS-BC, RN School of Nursing
Associate Professor Durham, North Carolina
Oregon Health and Science University
School of Nursing Mary E. Samost, RN, MSN, DNP, CENP
Portland, Oregon System Director Surgical Services
Hallmark Health System
Patricia A. Murphy, PhD, APRN, FAAN Medford, Massachusetts
Associate Professor
Rutgers-The State University of New Jersey Madrean Schober, PhD, MSN, ANP, FAANP
New Jersey Medical School President
Newark, New Jersey Schober Global Healthcare Consulting International
Indianapolis, Indiana
Marilyn H. Oermann, RN, PhD, FAAN, ANEF
Thelma Ingles Professor of Nursing Robert Scoloveno, PhD, RN
Director of Evaluation and Educational Research Director–Simulation Laboratories
Duke University Assistant Professor
School of Nursing Rutgers-The State University of New Jersey
Durham, North Carolina School of Nursing
Camden, New Jersey
Marie-Eileen Onieal, PhD, MMHS, RN, CPNP,
FAANP Carrie Scotto, RN, PhD
Faculty, Doctor of Nursing Practice Associate Professor
Rocky Mountain University of Health Professions The University of Akron
Provo, Utah College of Nursing
Akron, Ohio
David M. Price, MD, PhD
Founding Faculty Dale Shaw, RN, DNP, ACNP-BC
Center for Personalized Education of Physicians ACNP–Acute Care Neurosurgery
(CDEP) University of Virginia Health System
Denver, Colorado Charlottesville, Virginia

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 x Contributors

Benjamin A. Smallheer, PhD, RN, ACNP-BC, Caroline T. Torre, RN, MA, APN, FAANP
FNP-BC, CCRN, CNE Nursing Policy Consultant
Assistant Professor of Nursing Princeton, New Jersey
Duke University Formerly, Director, Regulatory Affairs
School of Nursing New Jersey State Nurses Association
Durham, North Carolina Trenton, New Jersey

Thomas D. Smith, DNP, RN, NEA-BC, FAAN Jan Towers, PhD, NP-C, CRNP (FNP), FAANP
Chief Nursing Officer Director of Health Policy
Maimonides Medical Center Federal Government and Professional Affairs
Brooklyn, New York American Academy of Nurse Practitioners
Washington, District of Columbia
Mary C. Smolenski, MS, EdD, FNP, FAANP
Independent Consultant Maria L. Vezina, RN, EdD, NEA-BC
Washington, District of Columbia Chief Nursing Officer/Vice President, Nursing
The Mount Sinai Hospital
Shirley A. Smoyak, RN, PhD, FAAN New York, New York
Distinguished Professor
Rutgers-The State University of New Jersey
School of Nursing
New Brunswick-Newark, New Jersey

Christine A. Tanner, RN, PhD, ANEF

Professor Emerita
Oregon Health and Science University
Portland, Oregon

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 Reviewers

Nancy Bittner, RN, PhD Sheila Grossman, PhD, APRN, FNP-BC, FAAN
Associate Dean Professor and Coordinator
School of Nursing Science and Health Professions Family Nurse Practitioner Program
Regis College Fairfield University
Weston, Massachusetts Fairfield, Connecticut

Cynthia Bostick, PMHCNS-BC, PhD Elisabeth Jensen, RN, PhD

Lecturer Associate Professor
California State University School of Nursing
Carson, California York University
Toronto, Ontario
Susan S. Fairchild, EdD, APRN Canada
Dean, School of Nursing
Grantham University Linda E. Jensen, PhD, MN, RN
Kansas City, Missouri Professor Graduate Nursing
Clarkson College
Cris Finn, RN, PhD, FNP Omaha, Nebraska
Assistant Professor
Regis University Julie Ann Koch, DNP, RN, FNP-BC, FAANP
Denver, Colorado Assistant Dean of Graduate Nursing
DNP Program Coordinator
Susan C. Fox, RN, PhD, CNS-BC Valparaiso University College of Nursing & Health
Associate Professor Professions
College of Nursing Valparaiso, Indiana
University of New Mexico
Albuquerque, New Mexico Linda U. Krebs, RN, PhD, AOCN, FAAN
Associate Professor
Eileen P. Geraci, PhD candidate, MA, ANP-BC University of Colorado
Professor of Nursing Anschutz Medical Campus, College of Nursing
Western Connecticut State University Aurora, Colorado
Danbury, Connecticut

xi

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 xii Reviewers

Joy Lewis, CRNA, MSN Julie Ponto, RN, PhD, ACNS-BC, AOCN
Interim Assistant Program Director Nurse Professor
Anesthesia Winona State University–Rochester
Lincoln Memorial University Rochester, Minnesota
Harrogate, Tennessee
Susan D. Schaffer, PhD, ARNP, FNP-BC
Laurie Kennedy-Malone, PhD, GNP-BC, FAANP, Chair, Department of Women’s, Children’s
FGSA and Family Nursing
Professor of Nursing FNP Track Coordinator
University of North Carolina at Greensboro School University of Florida College of Nursing
of Nursing Gainesville, Florida
Greensboro, North Carolina
Beth R. Steinfeld, DNP, WHNP-BC
Susan McCrone, PhD, PMHCNS-BC Assistant Professor
Professor SUNY Downstate Medical Center
West Virginia University Brooklyn, New York
Morgantown, West Virginia
Lynn Wimett, EdD, APRN-C
Sandra Nadelson, RN, MS Ed, PhD Professor
Associate Professor Regis University
Boise State University Denver, Colorado
Boise, Idaho
Jennifer Klimek Yingling, PhD, RN, ANP-BC,
Geri B. Neuberger, RN, MN, EdD, ARNP-CS FNP-BC
Professor Advanced Practice Nurse
University of Kansas School of Nursing Faxton-St. Luke’s Healthcare
Kansas City, Kansas SUNY Institute of Technology
Utica, New York
Crystal Odle, DNAP, CRNA
Director, Assistant Professor Nurse Anesthesia
Program
Lincoln Memorial University
Harrogate, Tennessee

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 Acknowledgments

This book belongs to its authors. I am proud to be one among them. Beyond that, I have been the instrument to
make these written contributions accessible to today’s students and faculty. I thank each author for the products of
his or her intellect, experience, and commitment to advanced practice.

xiii

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6044_Fm_i-xvi.indd 14 9/11/17 8:52 PM
 Contents

Preface v 8 The Kaleidoscope of Collaborative

Practice 116
Contributors vii Alice F. Kuehn

Unit 1 The Evolution of Advanced 9 Participation of the Advanced Practice

Nurse in Health Plans and Quality
Practice 01
Initiatives 143
Rita Munley Gallagher
1 Advanced Practice Nursing: Doing What
Has to Be Done 02 10 Public Policy and the Advanced Practice
Lynne M. Dunphy Registered Nurse 158
Marie-Eileen Onieal
2 Emerging Roles of the Advanced
Practice Nurse 16 11 Resource Management 165
Deborah Becker and Caroline Doherty Eileen Flaherty, Antigone Grasso, and Cindy Aiena
3 Role Development: A Theoretical 12 Mediated Roles: Working
Perspective 33 With and Through Other People 184
Lucille A. Joel Thomas D. Smith, Maria L. Vezina , Mary E. Samost,
and Kelly Reilly
4 Educational Preparation of Advanced
Practice Nurses: Looking Unit 3 Competency in Advanced
to the Future 43
Phyllis Shanley Hansell
Practice 203

5 Global Perspectives on Advanced Nursing 13 Evidence-Based Practice 204

Practice 54 Deborah C. Messecar and Christine A. Tanner
Madrean Schober and Anna Green
14 Advocacy and the Advanced Practice
Registered Nurse 218
Unit 2 The Practice Environment 91
Andrea Brassard
6 Advanced Practice Nurses 15 Case Management and Advanced Practice
and Prescriptive Authority 92 Nursing 227
Jan Towers Denise Fessler and Irene McEachen
7 Credentialing and Clinical Privileges 16 The Advanced Practice Nurse
for the Advanced Practice Registered and Research 240
Nurse 100 Beth Quatrara and Dale Shaw
Ann H. Cary and Mary C. Smolenski
xv

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 xvi Contents

17 The Advanced Practice Nurse: Holism 25 Advanced Practice Registered Nurses:

and Complementary and Integrative Accomplishments, Trends, and Future
Health Approaches 251 Development 387
Carole Ann Drick Jane M. Flanagan, Allyssa Harris, and Dorothy A. Jones

18 Basic Skills for Teaching 26 Starting a Practice and Practice

and the Advanced Practice Management 395
Registered Nurse 276 Judith Barberio
Valerie Sabol , Benjamin A. Smallheer,
and Marilyn H. Oermann
27 The Advanced Practice Nurse as Employee
or Independent Contractor: Legal and
19 Culture as a Variable in Practice 295 Contractual Considerations 418
Mary Masterson Germain Kathleen M. Gialanella
20 Conflict Resolution in Advanced 28 The Law, the Courts, and the Advanced
Practice Nursing 328 Practice Registered Nurse 433
David M. Price and Patricia A. Murphy David M. Keepnews
21 Leadership for APNs: If Not Now, 29 Malpractice and the Advanced Practice
When? 336 Nurse 445
Edna Cadmus Carolyn T. Torre
22 Information Technology 30 Ethics and the Advanced Practice
and the Advanced Practice Nurse 349 Nurse 474
Robert Scoloveno Gladys L. Husted , James H. Husted , and Carrie Scotto
23 Writing for Publication 354 Index 491
Shirley A. Smoyak
Available online at davisplus.fadavis.com:
Unit 4 Ethical, Legal, and Business Bibliography
Acumen 365

24 Measuring Advanced Practice Nurse

Performance: Outcome Indicators, Models
of Evaluation, and the Issue of Value 366
Shirley Girouard, Patricia DiFusco, and Joseph Jennas

6044_Fm_i-xvi.indd 16 9/11/17 8:52 PM

 Unit

1
The Evolution
of Advanced Practice

6044_Ch01_001-015.indd 1 07/09/17 9:46 PM

 1
Advanced Practice Nursing
Doing What Has to Be Done
Lynne M. Dunphy

Learning Outcomes
Learning outcomes expected as a result of this chapter:

• Recognize the historical role of women as healers.

• Identify the roots of professional nursing in the United States including the public
health movement and turn-of-the-century settlement houses.
• Describe early innovative care models created by nurses in the first half of the
20th century such as the Frontier Nursing Service (FNS).
• Trace the trajectory of the role of the nurse midwife across the 20th century as well
as the present status of this role.
• Recognize the emergence of nurse anesthetists as highly autonomous practitioners
and their contributions to the advancement of surgical techniques and develop-
ments in anesthesia.
• Describe the development of the clinical nurse specialist (CNS) role in the context
of 20th-century nursing education and professional development with particular
attention to the current challenges of this role.
• Describe the historical and social forces that led to emergence of the nurse practi-
tioner (NP) role and understand key events in the evolution of this role.
• Describe the development of the doctor of nursing practice (DNP) and distin-
guish this role from the others described in this chapter.
• Describe the current challenges to all advanced roles and formulate ways to meet
these challenges going forward.

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 Chapter 1 • Advanced Practice Nursing 3

Advanced practice is a contemporary term that has evolved wounds, dress burns, treat dysentery, sore throat, frost bite,
to label an old phenomenon: nurses or women providing measles, colic, ‘whooping cough,’ ‘chin cough,’ . . . and ‘the
care to those in need in their surrounding communities. itch,’ how to cut an infant’s tongue, administer a ‘clister’
As Barbara Ehrenreich and Deidre English (1973) note, (enema), lance an abscessed breast . . . induce vomiting,
“Women have always been healers. They were the un- assuage bleeding, reduce swelling and relieve a toothache,
licensed doctors and anatomists of western history . . . as well as deliver babies” (p. 11).
they were pharmacists, cultivating herbs and exchanging Ulrich notes the tiny headstones marking the graves
the secrets of their uses. They were midwives, travelling of midwife Ballard’s deceased babies and children as
from home to home and village to village” (p. 3). Today, further evidence of her ability to provide compassionate,
with health care dominated by a male-oriented medical knowledgeable care; she was able to understand the pain
profession, advanced practice nurses (APNs) (especially and suffering of others. The emergence of a male medical
those cheeky enough to call themselves “doctor” even establishment in the 19th century marked the beginning
while clarifying their nursing role and background) are of the end of the era of female lay healers, including mid-
viewed as nurses “pushing the envelope”—the envelope of wives. The lay healers saw their role as intertwined with
regulated, standardized nursing practice. The reality is that one’s obligations to the community, whereas the emerging
the boundaries of professional nursing practice have always medical class saw healing as a commodity to be bought
been fluid, with changes in the practice setting speeding and sold (Ehrenreich & English, 1978). Has this really
ahead of the educational and regulatory environments. It changed? Are not our current struggles still bound up with
has always been those nurses caring for persons and families issues of gender, class, social position, and money? Have
who see a need and respond—at times in concert with the we not entered a phase of more radical than ever splits
medical profession and at times at odds—who are the true between the haves and have-nots, with grave consequences
trailblazers of contemporary advanced practice nursing. to our social fabric?
This chapter makes the case that, far from being a new Nursing histories (O’Brien, 1987) have documented
creation, APNs actually predate the founding of modern the emergence of professional nursing in the 19th century
professional nursing. A look back into our past reveals from women’s domestic duties and roles, extensions of
legendary figures always responding to the challenges the things that women and servants had always done for
of human need, changing the landscape of health care, their families. Modern nursing is usually pinpointed as
and improving the health of the populace. The titles may beginning in 1873, the year of the opening of the first three
change—such as a doctor of nursing practice (DNP)—but U.S. training schools for nurses, “as an effort on the part
the essence remains the same. of women reformers to help clean up the mess the male
doctors were making” (Ehrenreich, 2000, p. xxxiv). The
incoming nurses, for example, are credited with introducing
PRECURSORS AND ANTECEDENTS the first bar of soap into Bellevue Hospital in the dark days
when the medical profession was still resisting the germ
There is a long and rich history of female lay healing with theory of disease and aseptic techniques.
roots in both European and African cultures. Well into The emergence of a strong public health movement
the 19th century, the female lay healer was the primary in the 19th century, coupled with the Settlement House
health-care provider for most of the population. The sharing Movement, created a new vista for independent and au-
of skills and knowledge was seen as one’s obligation as a tonomous nursing practice. The Henry Street Settlement,
member of a community. These skills were broad based and a brainchild of a recently graduated trained nurse named
might have included midwifery, the use of herbal remedies, Lillian Wald, was a unique community-based nursing
and even bone setting (Ehrenreich, 2000, p. xxxiii). Laurel practice on the lower east side of New York City. Wald
Ulrich, in A Midwife’s Tale (1990), notes that when the described these nurses who flocked to work with her
diary of the midwife Martha Ballard opens in 1785, “. . . at Henry Street Settlement as women of above average
she knew how to manufacture salves, syrups, pills, teas, “­intellectual equipment,” of “exceptional character, mentality
ointments, how to prepare an oil emulsion, how to poultice and scholarship” (Daniels, 1989, p. 24). These nurses, as

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 4 Unit 1 • The Evolution of Advanced Practice

has been well documented, enjoyed an exceptional degree regard to perinatal health indicators, was poor (Bigbee &
of independence and autonomy in their nursing practice Amidi-Nouri,  2000). Midwives—unregulated and by
caring for the poor, often recent immigrants. most accounts unprofessional—were easy scapegoats on
In 1893, Wald described a typical day. First, she visited which to blame the problem of poor maternal and infant
the Goldberg baby and then Hattie Isaacs, a patient with outcomes. New York City’s Department of Health com-
consumption to whom she brought flowers. Wald spent missioned a study that claimed that the New York midwife
2 hours bathing her (“the poor girl had been without this was essentially “medieval.” According to this report, fully
attention for so long that it took me nearly two hours to 90% were “hopelessly dirty, ignorant, and incompetent”
get her skin clean”). Next, she inspected some houses on (Edgar, 1911, p. 882). There was a concerted movement
Hester Street where she found water closets that needed away from home births. This was all part of a mass assault
“chloride of lime” and notified the appropriate authorities. on midwifery by an increasingly powerful medical elite of
In the next house, she found a child with “running ears,” obstetricians determined to control the birthing process.
which she “syringed,” showing the mother how to do it These revelations resulted in the tightening of existing
at the same time. In another room, there was a child with laws and the creation of new legislation for the licensing
a “summer complaint”; Wald gave the child bismuth and and supervision of midwives (Kobrin, 1984). Several states
tickets for a seaside excursion. After lunch she saw the passed laws granting legal recognition and regulation of
O’Briens and took the “little one, with whooping cough” midwives, resulting in the establishment of schools of
to play in the back of the Settlement House yard. On the midwifery. One example, the Bellevue School for Midwives
next floor of that tenement, she found the Costria baby in New York City, lasted until 1935, when the diminishing
who had a sore mouth. Wald “gave the mother honey need for midwives made it difficult to justify its existence
and borax and little cloths to keep it clean” (Coss, 1989, (Komnenich, 1998). Obstetrical care continued the move
pp. 43–44). This was all before 2 p.m.! Far from being into hospitals in urban areas that did not provide mid-
some new invention, midwives, nurse anesthetists, clinical wifery. For the most part, the advance of nurse-midwifery
nurse specialists (CNSs), and nurse practitioners (NPs) are has been a slow and arduous struggle often at odds with
merely new permutations of these long-standing nursing mainstream nursing. For example, Lavinia Dock (1901)
commitments and roles. wrote that all births must be attended by physicians.
Public health nurses, committed to the professionalizing
of nursing and adherence to scientific standards, chose to
NURSE-MIDWIVES distance themselves from lay midwives. The heritage of
the unprofessional image of the lay midwife would linger
Throughout the 20th century, nurse-midwifery remained for many years.
an anomaly in the U.S. health-care system. Nurse-midwives A more successful example of midwifery was the
attend only a small percentage of all U.S. births. Since the founding of the Frontier Nursing Service (FNS) in 1925
early decades of the 20th century, physicians laid claim to by Myra Breckinridge in Kentucky. Breckinridge, having
being the sole legitimate birth attendants in the United been educated as a public health nurse and traveling to
States (Dye, 1984). This is in contrast to Great Britain and Great Britain to become a certified nurse-midwife (CNM),
many other European countries where trained midwives pursued a vision of autonomous nurse-midwifery practice.
attend a significant percentage of births. In Europe, homes She aimed to implement the British system in the United
remain an accepted place to give birth, whereas hospital States (always a daunting enterprise on any front). In rural
births reign supreme in the United States. In contrast to settings, where doctors were scarce and hospitals virtually
Europe, the United States has little in the way of a tradition nonexistent, midwifery found more fertile soil. However,
of professional midwifery. even in these settings, professional nurse-midwifery had
As late as 1910, 50% of all births in the United to struggle to bloom.
States were reportedly attended by midwives, and the Breckinridge founded the FNS at a time when the
percentage in large cities was often higher. However, national maternal death rate stood at 6.7 per 1,000 live
the health status of the U.S. population, particularly in births, one of the highest rates in the Western world. More

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 Chapter 1 • Advanced Practice Nursing 5

than 250,000 infants, nearly 1 in 10, died before they were 11,194 CNMs and 97 certified midwives. In 2014,
reached their first birthday (U.S. Department of Labor, CNMs or CMs attended 332,107 births, accounting for
1920). The Sheppard-Towner Maternity and Infancy Act, 12.1% of all vaginal births and 8.3% of total U.S. births
enacted to provide public funds for maternal and child (National Center for Health Statistics, 2014).
health programs, was the first federal legislation passed for CNMs are licensed, independent health-care providers
specifically this purpose. Part of the intention of this act with prescriptive authority in all 50 states, the District of
was to provide money to the states to train public health Columbia, American Samoa, Guam, and Puerto Rico. CNMs
nurses in midwifery; however, this proved short-lived. By are defined as primary care providers under federal law. CMs
1929, the bill lapsed; this was attributed by some to major are also licensed, independent health-care providers who
opposition by the American Medical Association (AMA), have completed the same midwifery education as CNMs.
which advocated the establishment of a “single standard” CMs are authorized to practice in Delaware, Missouri, New
of obstetrical care, care that is provided by doctors in Jersey, New York, and Rhode Island and have prescriptive
hospital settings (Kobrin, 1984). authority in New York and Rhode Island. The first accredited
Breckinridge saw nurse-midwives working as indepen- CM education program began in 1996. The CM credential
dent practitioners and continued to advocate home births. is not yet recognized in all states.
And even more radically, the FNS saw nurse-midwives as Although midwives are well-known for attending births,
offering complete care to women with normal pregnan- 53.3% of CNMs and CMs identify reproductive care and
cies and deliveries. However, even Breckinridge and her 33.1% identify primary care as main responsibilities in
supporters did not advocate the FNS model for cities their full-time positions. Examples include annual exam-
where doctors were plentiful and middle-class women inations, writing prescriptions, basic nutrition counseling,
could afford medical care. She stressed that the FNS was parenting education, patient education, and reproductive
designed for impoverished “remotely rural areas” without health visits.
physicians (Dye, 1984).
The American Association of Nurse-Midwives (AANM)
was founded in 1928, originally as the Kentucky State
NURSE ANESTHETISTS
Association of Midwives, which was an outgrowth of the
FNS. First organized as a section of the National Organi-
Nursing made medicine look good. —Baer, 1982
zation of Public Health Nurses (NOPHN), the American
College of Nurse-Midwives (ACNM) was incorporated Surgical anesthesia was born in the United States in the
as an independent specialty nursing organization in 1955 mid 19th century. Immediately there were rival claimants
when the NOPHN was subsumed within the National to its “discovery” (Bankert, 1989). In 1846 at Massachusetts
League for Nursing (NLN). In 1956, the AANM merged General Hospital, William T. G. Morton first successfully
with the college, forming the ACNM as it continues today. demonstrated surgical anesthesia. Nitrous oxide was the
The ACNM sponsored the Journal of Nurse-Midwifery, first agent used and adopted by U.S. dentists. Ether and
implemented an accreditation process of programs in 1962, chloroform followed shortly as agents for use in anesthe-
and established a certification examination and process tizing a patient. One barrier to surgery had been removed.
in 1971. This body also currently certifies non-nurses However, it would take infection control and consistent,
as midwives and maintains alliances with professional careful techniques in the administration of the various
midwives who are not nurses. As noted by Bigbee and anesthetic agents for surgery to enter its “Golden Age.”
Amidi-Nouri (2000), CNMs are distinct from other APNs It was only then that “surgery was transformed from an
in that “they conceptualize their role as the combination act of desperation to a scientific method of dealing with
of two disciplines, nursing and midwifery” (p. 12). illness” (Rothstein, 1958, p. 258).
At their core, midwives as a group remain focused on For surgeons to advance their specialty, they needed
their primary commitment: care of mothers and babies someone to administer anesthesia with care. However,
regardless of setting and ability to pay. Rooted in holistic anesthesiology lacked medical status; the surgeon collected
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 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.
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.
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.
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.
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.
Part II.—Procedure in Prize Causes.
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.
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.
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.
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.
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.
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.
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.
Part III.—International Prize Court.
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.
 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.
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.
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.
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.
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.
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.
Part IV.—Prize Salvage and Prize Bounty.
Prize Salvage.
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.
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.
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.
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.
Part V.—Special Cases of Jurisdiction.
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.
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.
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.
Part VI.—Offences.
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.
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.
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.
Part VII.—Miscellaneous Provisions.
Ransom.
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.
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.
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.
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.
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.
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.
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.
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.
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:—
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.
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
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