A Practical Treatise on the Law of Nations: Relative to the Legal Effect of War on the Commerce of Belligerents and Neutrals; and on Orders in Council and Licenses

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Bradford and Read. T. B. Wait & Company Printers, 1812 - 340 Seiten
 

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Seite 214 - in any other ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong only to the people of England or Ireland, dominion of Wales, or town of Berwick-upon-Tweed, or of the lands islands, plantations, or territories in Asia, Africa, or America, to his Majesty belonging, as the proprietors
Seite 85 - the law of almost every country, the character of an alien enemy carries with it a disability to sue or to sustain, in the language of the Civilians, a persona standi in judicio. The peculiar law of our own country applies this principle with great rigour. The same principle is received in our
Seite 205 - whatsoever, but only in such as do truly and without fraud belong only to the people of this commonwealth, or the plantations thereof, as the proprietors or right owners thereof, and whereof the master and mariners are also, for the most part of them, of the people of this commonwealth." Having thus secured the import trade of
Seite 86 - an enemy, such as his coming under a flag of truce, a cartel, a pass, or some other act of public authority, that puts him in the King's peace pro hac vice." This short statement sufficiently testifies what is the law on the subject of withholding the debt during war. The following decision
Seite 230 - heirs and successors, in Asia, Africa, or America, in any other ship or ships, vessel or vessels whatsoever, but in such ships or vessels as do truly, and without fraud, belong only to the people of England or Ireland, dominion of Wales, or town of
Seite 130 - three things must be proved, 1st, the existence of an actual blockade; 2ndly, the knowledge of the party ; and thirdly, some act of violation, either by going in or by coming out with a cargo laden after the commencement of blockade." We will consider each of these three points in its order.
Seite 310 - judging by the law of nations and treaties. The proper and regular court for these condemnations, is the court of that state to whom the captor belongs. The evidence to acquit or condemn, with or without costs or damages, must, in the first instance, come merely from the ship taken,
Seite 134 - duty of foreign governments to communicate the information to their subjects, whose interests they are bound to protect: I shall hold, therefore, that a neutral master can never be heard to aver, against a notification of blockade, that he is ignorant of it." A subsequent decision in the case of the Adelaide
Seite 278 - should be authorized to permit, during the continuance of hostilities, and until six months, after the ratification of a definitive treaty of peace, the importation, in any neutral ships whatever, of any goods from any port belonging to a state not in amity with his Majesty, enacts, " That it shall and may be lawful
Seite 210 - shall be imported into England, Ireland, Wales, or town of Berwick-upon-Tweed, in any ship or ships, vessel or vessels whatsoever, but in such as do truly and without fraud belong to the people thereof, or some of them, as the true owners and proprietors thereof, and whereof the master, and three-fourths of the mariners, at least, are English: And that no currants

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