A Compendious View of the Civil Law: And of the Law of the Admiralty, Being the Substance of a Course of Lectures Read in the University of Dublin, Том 2Halsted and Voorhies, 1840 |
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... answer to this apparently for- midable objection , is found in the reflection , that the law of nations is originally no more than the law of nature applied to nations ( 1 ) . It has then the sanction , the obligation , the immutabi ...
... answer to this apparently for- midable objection , is found in the reflection , that the law of nations is originally no more than the law of nature applied to nations ( 1 ) . It has then the sanction , the obligation , the immutabi ...
Страница 38
... answer as there have been controversies and opinions on its meaning : it employed the pen of Selden , and the great ( 7 ) See the Pandects , lib . 14. tit . 8. and Bynkershoek de lege Rhodia . The words in the Pandects are : - " De ...
... answer as there have been controversies and opinions on its meaning : it employed the pen of Selden , and the great ( 7 ) See the Pandects , lib . 14. tit . 8. and Bynkershoek de lege Rhodia . The words in the Pandects are : - " De ...
Страница 54
... answers , that the pirate's occupancy , though it be for never so long a time , doth not alter or extinguish the property in his prize which if it did , then might the pirate make a legal transfer of his possession to another ; : ( 20 ) ...
... answers , that the pirate's occupancy , though it be for never so long a time , doth not alter or extinguish the property in his prize which if it did , then might the pirate make a legal transfer of his possession to another ; : ( 20 ) ...
Страница 86
... answer to make to ( 20 ) See Winch . p . 8. 1 Lord Raymond , p . 576. Al- leson v . Marsh , 2 Ventris , 181. Coke v . Cretchell , 3 Le- An anonymous case , 1 Ventris , 343. Clay v . Snelgrove , 12 Mod . 405 . vynz , 60 . ( 21 ) 2 Lord ...
... answer to make to ( 20 ) See Winch . p . 8. 1 Lord Raymond , p . 576. Al- leson v . Marsh , 2 Ventris , 181. Coke v . Cretchell , 3 Le- An anonymous case , 1 Ventris , 343. Clay v . Snelgrove , 12 Mod . 405 . vynz , 60 . ( 21 ) 2 Lord ...
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... answer personally , the former cannot take cognizance of the question ; and in a suit in the admiralty by one part - owner to oblige another to sell a ship , Chief Justice Lee said ( on an application for a prohibition ) , that court ...
... answer personally , the former cannot take cognizance of the question ; and in a suit in the admiralty by one part - owner to oblige another to sell a ship , Chief Justice Lee said ( on an application for a prohibition ) , that court ...
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acts of parliament answer appear authority bail belonging blockade bottomry Britain Bynkershoek captain capture cargo cause charter-party Cinque Ports civil law claim cognizance commission common law condemnation contestation of suit contraband contract court of admiralty damage decree doth droit of admiralty enemy England enquire foreign freight give granted Grotius hath Heineccius hypothecation impugnant instance court Ireland Jenkins Joseph Toole judge jure juris jurisdiction justice king king's land law of nations liable libel Lord Coke lord high admiral Lord Mansfield majesty majesty's marine master merchant miralty navy neutral offences officers Oleron owner Pandects party person pirates plaintiff prize acts prize court proceed proceedings proctor prohibition promovent punished quæ question recaptured Roman law rule sailors salvage says seamen sentence shew ship statute taken Term Reports thing tion treaties vessel voyage wages witnesses words
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Страница 298 - of the blockading force doth not remove a blockade. 6th. That the right of visiting and searching merchant ships upon the high seas, and not merely their papers but their cargoes, whatever be the ship, its cargo, or its destination, is an incontestible right of the lawfully commissioned cruisers of
Страница 324 - pledge, no third party has a right to quarrel with it, any more than with any other pledge which they may agree mutually to accept. But surely no sovereign can legally compel the acceptance of such a security by mere force. The only security known to the law of nations,
Страница 516 - and navigation. IX. His majesty the king of Denmark, and his majesty the king of Sweden, shall be immediately invited by his Imperial Majesty, in the name of the two contracting parties, to accede to the present convention, and at the same time to renew and confirm their respective treaties of commerce with his Britannic Majesty ; and his
Страница 316 - by a notification accompanied with the fact. In the former case, when the fact ceases (otherwise than by accident, or the shifting of the wind) there is immediately an end of the blockade ; but where the fact is attended with a public notification from the government of the belligerent country to neutral governments, it
Страница 91 - Nevertheless, of the death of a man, and of mayhem done in great ships being and hovering in the main stream of great rivers, only beneath the bridge of the same rivers nigh to the sea,
Страница 209 - all captures, seizures, prizes, and reprisals, of all ships and goods that are or shall be taken, and to hear and determine according to the course of the admiralty and the law of nations.
Страница 127 - such as has been built in Great Britain or Ireland, Guernsey, Jersey, or the Isle of Man, or in some of the colonies, plantations, islands, or territories in Asia, Africa, or America, which, at the time of building the ship, belonged to or were in the possession of
Страница 74 - that it is no uncommon thing for a plaintiff to feign that a contract, really made at sea, was made at the Royal Exchange, or other inland place, in order to draw the cognizance of the suit from the courts of admiralty to those of Westminster hall,
Страница 323 - interposed in any manner of mere force, cannot legally vary the rights of a lawfully commissioned belligerent cruiser. Two sovereigns may unquestionably agree if they think fit (as in some late instances
Страница 272 - retaken shall appear to have been, after the taking of his majesty's enemies, by them set forth as a ship or vessel of war, the said ship or vessel shall not be restored to the former owners or proprietors, but shall, in all cases, whether retaken by any of his majesty's ships, or by any privateer, be adjudged