Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Stephen Lushington, Հատորներ 1-2Little, Brown, 1853 |
From inside the book
Արդյունքներ 21–ի 1-ից 5-ը:
Էջ 114
... Bordeaux to Hamburgh , and ordered for farther proof on a former day . JUDGMENT . SIR W. SCOTT . This is a ship ... Bordeaux , in May , 1796 , by a person then in France , by Mr. Dunn , the present master ; and let us see what has been ...
... Bordeaux to Hamburgh , and ordered for farther proof on a former day . JUDGMENT . SIR W. SCOTT . This is a ship ... Bordeaux , in May , 1796 , by a person then in France , by Mr. Dunn , the present master ; and let us see what has been ...
Էջ 115
... Bordeaux in 1796 , " & c .; but he does not say how long he had been there ; he might have lived there a long time . The onus probandi , I have said , lay upon him ; and the presumption is not re- butted by the asserted residence of his ...
... Bordeaux in 1796 , " & c .; but he does not say how long he had been there ; he might have lived there a long time . The onus probandi , I have said , lay upon him ; and the presumption is not re- butted by the asserted residence of his ...
Էջ 116
... Bordeaux was the lader , and that the goods were to be delivered at Hamburgh for his account and risk , as he believes ; that Peters said to him , when he expressed fears that it might be French property , it was his , and he was as ...
... Bordeaux was the lader , and that the goods were to be delivered at Hamburgh for his account and risk , as he believes ; that Peters said to him , when he expressed fears that it might be French property , it was his , and he was as ...
Էջ 138
... Bordeaux , in which the condemnation was held good . April , 12th , 1796 , there was the case of a ship condemned by the representative of the French nation , as commissary , attending the French armies in their irruption into Holland ...
... Bordeaux , in which the condemnation was held good . April , 12th , 1796 , there was the case of a ship condemned by the representative of the French nation , as commissary , attending the French armies in their irruption into Holland ...
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... Bordeaux ; 3d of March , 1747 , The Juffrow Magdalena , a Prussian ship from Amster- dam to Bordeaux . In this last case there were many articles given up as contraband , but beer and cheese were restored with this dictum , " that they ...
... Bordeaux ; 3d of March , 1747 , The Juffrow Magdalena , a Prussian ship from Amster- dam to Bordeaux . In this last case there were many articles given up as contraband , but beer and cheese were restored with this dictum , " that they ...
Common terms and phrases
Admiral Elphinstone admitted affidavit allowed American Amsterdam appears apply authority Batavia belligerent belonging bills of lading blockade Bordeaux British Captain captors carried character circumstances claim claimant colony commerce condemned confiscation considered consignee contraband Court of Admiralty crew cruisers Danish decree destination direct droit of admiralty Dutch Embden enemy enemy's entitled evidence fact farther proof fleet France freight French frigate given ground Holland hostilities instructions interest JUDGMENT jurisdiction King's Advocate law of nations law of Portugal letter letters of marque liable license lord high admiral Lords Majesty's master merchants necessary neutral neutral country officers opinion owner papers parties persons port Portugal possession practice present principle prize proceed proceedings proprietors purchase question recapture respect restitution restored rule sailing salvage SCOTT seizure ship and cargo Spanish sufficient taken Texel tion trade transaction treaty vessel Vlie voyage
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Էջ 132 - Admiralty Reports. REPORTS of CASES argued and determined in the HIGH COURT of ADMIRALTY, commencing with the Judgments of the Right Honourable Stephen Lushington, DCL By WILLIAM ROBINSON, DCL Advocate.
Էջ 267 - Upon these grounds, it cannot be contended to be a right of neutrals, to intrude into a commerce which had been uniformly shut against them, and which is now forced open merely by the pressure of war; for when the enemy, under an entire inability to supply his colonies and to export their products, affects to open them to neutrals, it is not his will but his necessity that changes his system; that change is the direct and unavoidable consequence of the compulsion of war, it is a measure not of French...
Էջ 381 - THAT they shall stop and detain all ships laden with goods, the produce of any colony belonging to France, or carrying provisions or other supplies for the use of any such colony, and shall bring the same, with their cargoes, to legal adjudication in our courts of admiralty.
Էջ 141 - It is my duty not to admit, that because one nation has thought proper to depart from the common usage of the world, and to meet the notice of mankind in a new and unprecedented manner, that I am on that account under the necessity of acknowledging the efficacy of such a novel institution, merely because general theory might give it a degree of countenance, independent of all practice from the earliest history of mankind. The institution must conform to the text law, and likewise to the constant...
Էջ 346 - Suppose a man comes into a belligerent country at or before the beginning of a war; it is certainly reasonable not to bind him too soon to an acquired character, and to allow him a fair time to disengage himself...