Report of the ... Annual Meeting of the American Bar Association, Volume 21, Part 1898

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E.C. Markley & Son, 1898 - Law

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Page 434 - A neutral Government is bound — First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace...
Page 434 - Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.
Page 429 - That maritime law, in time of war, has long been the subject of deplorable disputes ; "That the uncertainty of the law and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts...
Page 461 - In all cases where the rules prescribed by this court or by the circuit court do not apply, the practice of the circuit court shall be regulated by the present practice of the high court of chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local conveniences of the district where the court is held, not as positive rules, but as furnishing just analogies to regulate the practice.
Page 429 - The neutral flag covers enemy's goods, with the exception of contraband of war. " 3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag. " 4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Page 432 - States ship, shall be permitted to continue their voyage, if, on examination of their papers, it shall appear that their cargoes were taken on board before the expiration of the above term; Provided, that nothing herein contained shall...
Page 426 - Parties, although the whole lading, or any part thereof, should appertain to the Enemies of either, Contraband Goods being always excepted.
Page 273 - ... designed, or which tend to advance, reduce or control the price, or the cost to the producer, or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful and void.
Page 429 - That the plenipotentiaries assembled in congress, at Paris, cannot better respond to the intentions by which their governments are animated, than by seeking to introduce into international relations fixed principles in this respect...
Page 353 - But if the persuasion be used for the indirect purpose of injuring the plaintiff, or of benefiting the defendant at the expense of the plaintiff, it is a malicious act which is in law and in fact a wrong act...

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