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], Volym 3

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Sida 344 - 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...
Sida 252 - ... 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...
Sida 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.
Sida 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...
Sida 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.
Sida 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.
Sida 258 - ... 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...
Sida 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.
Sida 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.
Sida 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...

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