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 2


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Sida 22 - Certainly nothing can be more decided and fixed, as the principle ' of this Court and of the Supreme Court, upon very solemn arguments, ' than that the possession of the soil does impress upon the owner the ' character of the country, as far as the produce of that plantation is ' concerned, in its transportation to any other country, whatever the ' local residence of the owner may be.
Sida 17 - The sanctity of a claim of territory is undoubtedly very high . . . When the fact is established it overrules every other consideration. The capture is done away, the property must be restored notwithstanding that it may actually belong to the enemy...
Sida 116 - This is the general law of property, and applies, I conceive, no less to the right of territory than to other rights. Even in newly discovered countries, where a title is meant to be established for the first time, some act of possession is usually done and proclaimed as a notification of the fact.
Sida 209 - ... not to seize any neutral vessel which shall be carrying on trade directly between the colonies of the enemy, and the neutral country to which the vessel belongs, and laden with the property of the inhabitants of such neutral country; provided, that such neutral vessel shall not be supplying, nor shall. on the outward voyage, have supplied the enemy with any articles contraband of war, and shall not be trading with any blockaded port.
Sida 22 - ... country, as far as the produce of that plantation is concerned, in its transportation to any other country, whatever the local residence of the owner may be. This has been so repeatedly decided, both in this and the superior court, that it is no longer open to discussion. No question can be made on the point of law, at this day.
Sida 114 - Sir W. SCOTT. The present question is a general one, respecting the situation, in which the people of a distant settlement are placed, by a Treaty of the State to which they undoubtedly belong, and by which they are stipulated to be transferred to another power. The case proceeded for a considerable time without dispute as to principle, on a mere enquiry into the fact of possession ; under an understanding, as I apprehended, that if possession had not been taken by France, the French character could...
Sida 116 - Full sovereignty cannot be held to have passed by the mere words of the treaty, without actual delivery. To complete the right of property, the right to the thing, and the possession of the thing, must be united.
Sida 169 - produce of a person's own plantation in the [ * 197 ] colony of the enemy, though shipped in time of peace, is liable to be considered as the property of the enemy, by reason that the proprietor has incorporated himself with the permanent interests of the nation as a holder of the soil, and is to...
Sida 81 - Who does not at once perceive the frauds to which such a rule would be introductory ? The true rule is, that after the knowledge of an existing blockade, you are not to go to the very station of blockade under pretence of inquiry.
Sida 177 - ... a possibility of meeting it, however prepared. The Court, therefore, applies the strict principle of law, and holds, as it does in blockade cases of that description, that the master must be taken to be the authorized agent of the cargo ; and that if he has exceeded his authority, it is barratry, for which he is personally answerable, and for which the owner must look to him for indemnification...

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