Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Sir William Scott, Michaelmas Term, 1798[-1808], Band 3A. Strahan, 1810 |
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... course in pursuit , and with the view of making prize , of any ship or vessel of the enemy , and shall be duly convicted thereof by sentence of a court- martial , such a commander shall forfeit his share of all and every such prize to ...
... course in pursuit , and with the view of making prize , of any ship or vessel of the enemy , and shall be duly convicted thereof by sentence of a court- martial , such a commander shall forfeit his share of all and every such prize to ...
Seite 3
... course ( a ) , as it has been de- termined in several cases . It was not even known to the Scorpion , whether the ships were enemy's or not ; under these objections , the parties cannot entitle themselves to any benefit of joint capture ...
... course ( a ) , as it has been de- termined in several cases . It was not even known to the Scorpion , whether the ships were enemy's or not ; under these objections , the parties cannot entitle themselves to any benefit of joint capture ...
Seite 7
... course is not an act of their own , but an act wrongfully occa- sioned by the neglect or mistake , or wilful omission on the part of the Sirius ; and being so , it would not B 4 If The WAAKSAM HEID . June 27th , 1799 . The WAAKSAM- HEID ...
... course is not an act of their own , but an act wrongfully occa- sioned by the neglect or mistake , or wilful omission on the part of the Sirius ; and being so , it would not B 4 If The WAAKSAM HEID . June 27th , 1799 . The WAAKSAM- HEID ...
Seite 8
... course , before the act of capture took place ; for generally a discontinuance and alteration would defeat the interest of a joint captor , by destroying the presumption of assistance or intimidation . In the case of the Herman Parlo ...
... course , before the act of capture took place ; for generally a discontinuance and alteration would defeat the interest of a joint captor , by destroying the presumption of assistance or intimidation . In the case of the Herman Parlo ...
Seite 27
... course of the last war , by the Lords , in the cases of Mr. Gildermester , the Portugueze consul in Hol- Concordia , land , and of Mr. Eykellenburg , Prussian consul at 1782 . Flushing . These cases were again brought forward ...
... course of the last war , by the Lords , in the cases of Mr. Gildermester , the Portugueze consul in Hol- Concordia , land , and of Mr. Eykellenburg , Prussian consul at 1782 . Flushing . These cases were again brought forward ...
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Häufige Begriffe und Wortgruppen
actual captor admitted aforesaid agent allegation Altona American Amsterdam appears arising authority Batavia bill of lading blockade bottomry British brought carried character charter-party circumstances claim claimant commander condemnation considered consul contraband contract Court of Admiralty cruizers directed Dutch East Friesland Embden enemy enemy's entitled evidence fact false destination farther proof fleet fraud freight French GEBROEDERS given going GRATITUDINE ground Hamburgh Havre Holland hypothecation instance interest joint capture JUDGMENT July June 17th King's Advocate letter of marque Lisbon Majesty's ship manner March master merchant nations neutral orders Ostend Ostermeyer owner parties person port possession present principle prize proceed proceedings purpose question racter resident respect restitution restored sailed salvage sent shew ship and cargo ships or vessels sight sufficient Surinam taken territory tion Tranquebar transaction tranship treaty TWEE Vice Admiralty Court voyage whole WILLIAM BECKFORD
Beliebte Passagen
Seite 346 - Tangier on the other, formerly in possession of this country ; could it be said in any of these cases, that captures made beyond this point of passage over neutral water territory, would be invalidated on any principle of the law of nations ? Where a free passage is generally enjoyed, notwithstanding a claim of territory may exist for certain purposes, no violation of territory is committed, if the party, after an inoffensive passage, conducted in the usual manner, begins an act of hostility in open...
Seite 254 - ... necessity, the character of agent and supercargo is forced upon him, not by the immediate act and appointment of the owner, but by the general policy of the law ; unless the law can be supposed to mean that valuable property in his hand is to be left without protection and care. It must unavoidably be admitted that in some cases he must exercise the discretion of an authorized agent over the cargo, as well in the prosecution of the voyage at sea as in intermediate ports, into which he may be...
Seite 122 - In such a transaction, the different parts are not to be considered as two voyages but as one entire transaction, formed upon one original plan, conducted by the same persons and under one set of instructions ab ovo usque ad mala.
Seite 158 - I do not say remote uses, such as procuring provisions and refreshments, and acts of that nature, which the law of nations universally tolerates ; but that, no proximate acts of war are in any manner to be allowed to originate on neutral grounds; and I cannot but think, that such an act as this, that a ship should station herself on neutral territory, and send out her boats on hostile enterprises, is an act of hostility much too immediate to be permitted...
Seite 159 - In the same manner, an act of hostility is not to take its commencement on neutral ground: It is not sufficient to say it is not completed there — you are not to take any measure there, that shall lead to immediate violence ; you are not to avail yourself of a station, on neutral territory, making as it were a vantage ground of the neutral Country, a Country which is to carry itself with perfect equality between both belligerents, giving neither the one or the other any ad- \ vantage.
Seite 29 - It is a rule of the law of nations, applying peculiarly to those countries, and is different from what prevails ordinarily in Europe, and the western parts of the world, in which men take their present national character from the general character of the country in which they are resident, and this distinction arises from the nature and habits of the countries.
Seite 260 - ... jurisprudence direct to be done. It is, in truth, but a power to make a partial sale, conducted with greater probability of ultimate advantage to the whole ; for as all must finally contribute in the case of an actual sale of a part...
Seite 157 - An exact measurement cannot easily be obtained, but in a case of this nature, in which the Court would not willingly act with an unfavourable minuteness towards a neutral State, it will be disposed to calculate the distance very liberally; and more especially as the spot in question is a sand covered with water only on the flow of the tide, but immediately connected with the land of East Friesland, and when dry may be considered as making part of it.
Seite 157 - The first fact to be determined is the character of the place where the capturing ship lay, whether she was actually stationed within those portions of land and water, or of something between water and land, which are considered to be within Prussian territory.
Seite 134 - ... purposes; and by which, something of a pacific intercourse may be kept up, which, in time, may lead to an adjustment of differences, and end ultimately in peace. At the same time, it is .highly proper, that it should be conducted with very delicate honour on both sides; so as to leave no ground of suspicion, that a practice introduced for the common benefit of mankind, should be made a stratagem of war, or become liable to fraudulent abuse...