Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of Sir William Scott : Trinity Term 1811-[1822], Part 105, Volume 1A. Strahan, 1815 - Admiralty |
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Page 30
... employed in the expedition , his intereft was vested before by the prize - act , and the mere omiffion of his name would not affect his claim . The Council does not take upon itfelf to determine facts of that nature ; and the Royal ...
... employed in the expedition , his intereft was vested before by the prize - act , and the mere omiffion of his name would not affect his claim . The Council does not take upon itfelf to determine facts of that nature ; and the Royal ...
Page 31
... employed in a public fer- vice of a fecret nature ; and the detention of these ships which he had feized would have been inconfiftent with the execution of the duty impofed upon him . His conduct in thus forbearing , upon public grounds ...
... employed in a public fer- vice of a fecret nature ; and the detention of these ships which he had feized would have been inconfiftent with the execution of the duty impofed upon him . His conduct in thus forbearing , upon public grounds ...
Page 34
... employed in the identical fervice of the expedition , will impart a prize - interest . If , therefore , I had to difpofe of this cafe on prin- ciples of law , I fhould have no hefitation in pro- nouncing against the claim of the Leda ...
... employed in the identical fervice of the expedition , will impart a prize - interest . If , therefore , I had to difpofe of this cafe on prin- ciples of law , I fhould have no hefitation in pro- nouncing against the claim of the Leda ...
Page 35
... employed on the expedition . The decifion was made by the trustees , these gentlemen were not parties . acquiefcence fhown ? In this court , indeed , as in other courts of law , the parties are prefumed to ac- quiefce unless they appeal ...
... employed on the expedition . The decifion was made by the trustees , these gentlemen were not parties . acquiefcence fhown ? In this court , indeed , as in other courts of law , the parties are prefumed to ac- quiefce unless they appeal ...
Page 36
... employed in the expedition ; but I do not think , either upon the general principle , or upon the particular cafe of the Narciffus , Captain Honeyman is fo entitled ; and upon thefe grounds I pronounce against the claim of the Leda ...
... employed in the expedition ; but I do not think , either upon the general principle , or upon the particular cafe of the Narciffus , Captain Honeyman is fo entitled ; and upon thefe grounds I pronounce against the claim of the Leda ...
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Common terms and phrases
act of parliament Admiral Berkeley Admiralty afferted affidavit againſt alfo alſo American anſwer appears becauſe blockade bond British Captain capture caſe cauſe circumftances claim claimants commander commiffion condemnation confequence confideration confidered confifting convoy courſe Court crew enemy entitled eſtabliſhed Eurotas faid faid fhip failed falvage fame fecurity feized feizure fent fentence fervice fhall fhare fhip and cargo fhould fince firſt flaves fome frigate ftate ftatute fubject fuch fufficient furniſhed granted Heligoland himſelf hoftilities houſe hypothecation impoffible intereft iſland itſelf Jamaica JUDGMENT licence mafter Majefty Majefty's fhip Meffrs moſt muft muſt neceffary neceffity occafioned Order in Council otherwiſe owners paffed parties perfons poffeffion poffible port Portugueſe prefent cafe prize proceeded purchaſed purpoſe queſtion reaſon refpect ſaid San Lucar ſay ſhe ſhip ſtate ſuch thefe themſelves theſe thoſe tion TORTOLA trade tranfaction unleſs uſe veffel veſſel Vice Admiralty Court voyage
Popular passages
Page 138 - Plantations ; for explaining an Act made in the Twenty-fifth Year of the Reign of King Charles the second, intituled, "An Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade...
Page 255 - Council, to order and it is hereby ordered, that all the ports and places of France and her allies, or of any other country at war with his Majesty, and all other ports or places in Europe, from which, although not at war with his Majesty, the British flag is excluded...
Page 157 - Berwick-upon-Tweed, or are of the built of and belonging to any of the said lands, islands, plantations or territories as the proprietors and right owners thereof, and whereof the master and three fourths of the mariners at least are English...
Page 84 - It has been established by recent decisions of the supreme court, that the Court of Prize, though properly a court purely of the law of nations, has a right to notice the municipal law of this country in the case of a British vessel which, in the course of a prize proceeding, appears to have been trading in violation of that law, and to reject a claim for her on that account. That principle has been incorporated into the prize law of this country within the last twenty years, and seems now fully...
Page 157 - 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...
Page 255 - And the Right Honourable the Lords Commissioners of his Majesty's Treasury, his Majesty's Principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judge of the High Court of Admiralty, and the Judges of the Courts of Vice- Admiralty, are to take the necessary measures herein, as to them may respectively appertain.
Page 255 - ... that all the ports and places of France and her allies, or of any other country at war with His Majesty, and all other ports or places in Europe, from which, although not at war with His Majesty, the British flag is excluded, and all ports or places in the colonies belonging to His Majesty's enemies...
Page 255 - BY His ROYAL HIGHNESS THE PRINCE OF WALES, REGENT of the United Kingdom of Great Britain and Ireland, in the Name and on the Behalf of HIS MAJESTY. A PROCLAMATION. GEORGE PR WHEREAS...
Page 121 - ... neat cattle, sheep, hogs, poultry, and live stock of any sort ; bread, biscuit, flour, peas, beans, potatoes, wheat, rice, oats, barley, and grain of any sort, such commodities, respectively, being the growth or production of any of the territories of the said United States of An.
Page 99 - Âmedie, is the reverse of the real principle there laid down by the Superior Court, which was, that where the municipal laws of the country to which the parties belong have prohibited the trade, the tribunals of this country will hold it to be illegal, upon the general...