Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Stephen Lushington, Tomy 1-2Little, Brown, 1853 |
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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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Strona 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.
Strona 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...
Strona 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.
Strona 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...
Strona 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...