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
J. Butterworth and J. White, 1806
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Reports of Cases Argued and Determined in the High Court of ..., Volym 3
Christopher Robinson,Great Britain. High Court of Admiralty
Obegränsad förhandsgranskning - 1810
Reports of Cases Argued and Determined in the High Court of Admiralty ...
Christopher Robinson,William Scott (Baron Stowell)
Obegränsad förhandsgranskning - 1812
actual adjudication Admiralty admitted affidavit againft alfo allegation appears arifes averred becaufe blockade British cafe capture cargo cartel caufe character charter-party circumftances claim claimant coaft colony condemnation considered contended contraband contract convoying courfe Court Crown declaration decree defcribed Demarara demnation droit of Admiralty Dutch duty effect Embden enemy entitled evidence fact faid fame farther feems feizure fervice fhall fhould fide fince firft fituation fome France French ftate ftation fuch fufficient fuppofed fupport ground Havre himfelf hoftile Holland inftance intention interest JudgmenT King's Advocate King's fhip licence Lord Keith mafter Martinique ment merchant muft neceflary neral neutral neutral country obferved opinion orders owner parties person port possession prefent principle privateer Prize Act proceeding purpofe queftion question racter restitution salvage ship Spain taken thefe thofe tion trade transaction treaty Treaty of Amiens veflel vessel voyage Weft whole
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 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...