Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Stephen Lushington, Volumes 5-6Little, Brown, 1853 - Admiralty |
Other editions - View all
Reports of Cases Argued and Determined in the High Court of Admiralty ... Christopher Robinson No preview available - 2016 |
Common terms and phrases
adjudication admitted affidavit alleged American appears Batavia bills of lading blockade blockaded port British Cadiz Captain capture carried character charter-party circumstances claim claimant coast colony condemnation consideration considered contended contraband contract Court of Admiralty crew declaration decree Demarara demnation destination droit of admiralty Dutch duty effect Embden enemy enemy's entitled evidence fact farther proof France freight French going ground Holland hostilities instance intention interest joint captor JUDGMENT King's Advocate king's ship Laurence letter letter of marque Lord Lord High Admiral Lord Keith Majesty's Majesty's ship manner Martinique master nature neutral observed officer opinion original Ostend owner papers particular parties persons possession present principle privateer Prize Act Prize Court proceeding pronounce purpose question registrar and merchants respect restitution sailing salvage SCOTT seizure ship and cargo Spanish sufficient supercargo supposed taken tion trade transaction treaty vessel voyage
Popular passages
Page 376 - But in a fictitious importation they are mere voluntary ceremonies, which have no natural connection whatever with the purpose of sending on the cargo to another market, and which, therefore, would never be resorted to by a person entertaining that purpose, except with a view of giving to the voyage which he has resolved to continue the appearance of being broken by an importation, which he has resolved not really to moke.
Page 173 - It is always to be remembered that the native character easily reverts, and that it requires fewer circumstances to constitute domicil in the case of a native subject than to impress the national character on one who is originally of another country.
Page 393 - Admiralty Reports. REPORTS of CASES argued and determined in the HIGH COURT of ADMIRALTY, commencing with the Judgments of the Right Honourable Stephen Lushington, DCL By WILLIAM ROBINSON, DCL Advocate.
Page 219 - It cannot be doubted,' he says, ' that there are transactions so radically and fundamentally national as to impress the national character, independent of peace or war, and the local residence of the parties. The produce of a person's own plantation in the 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...
Page 366 - If *they do not belong to the United States of America, any other power might occupy them; they might be embanked and fortified. What a thorn would "this be in the side of America. It is physically possible, at least, that they might be so occupied by European nations, and then the command of the river would be no longer in America, but in such settlements. The possibility of such a consequence is enough to expose the fallacy of any arguments that are addressed to show that these islands are not...
Page 376 - ... affirm that it was at such other place that the goods were taken on board, would this contrivance at all alter the truth of the fact ? Would not...