Collectanea Juridica: Consisting of Tracts Relative to the Law and Constitution of England. ... ..

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Francis Hargrave
E. and R. Brooke, Bell-Yard, Temple-Bar., 1840
 

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Pàgina 152 - It will not be easy to find an instance where a prince has thought fit to make reprisals upon a debt due from himself to private men. There is a confidence that this will not be done.
Pàgina 132 - When two powers are at war, they have a right to make prizes of the ships, goods, and effects of each other, upon the high seas ; whatever is the property of the enemy, may be acquired by capture at sea ; but the property of a friend cannot be taken, provided he observes his neutrality.
Pàgina 134 - If he will not show the property, by sufficient affidavits, to be neutral, it is presumed to belong to the enemy.
Pàgina 133 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties. The proper and regular Court for these condemnations is the Court of that state to whom the...
Pàgina 134 - ... think themselves aggrieved may appeal ; and this superior court judges by the same rule which governs the Court of Admiralty, viz. the law of nations, and the treaties subsisting with that neutral power whose subject is a party before them.
Pàgina 135 - Admiralty acting according to the law of nations, and particular treaties, all captures at sea have immemorially been judged of, in every country of Europe. Any other method of trial would be manifestly unjust, absurd and impracticable. Though the law of nations be the general rule, yet it may, by mutual agreement between two powers, be varied or departed from ; and where there is an alteration or exception, introduced by particular treaties, that is the law between the parties to the treaty ; and...
Pàgina 133 - ... taken, viz. the papers on board and the examination on oath of the master and other principal officers ; for which purpose there are officers of Admiralty in all the considerable seaports of every maritime power at war, to examine the captains and other principal officers of every ship brought in as prize, upon general and impartial interrogatories.
Pàgina 152 - Answer. These captures were not made in time of war with any Power. They were not judged of by Courts of Admiralty, according to the law of nations and treaties ; but by rules which were themselves complained of, in revenue courts ; the damages were afterwards admitted, liquidated at a certain sum, and agreed to be paid by a convention, which was not performed; therefore reprisals issued, but they were general.
Pàgina 132 - That contraband goods going to the enemy, though the property of a friend, may be taken as prize, because supplying the enemy with what enables him better to carry on the war is a departure from neutrality.
Pàgina 133 - The proper and regular Court for these condemnations is the Court of that state to whom the captor belongs. The evidence to acquit or condemn, with or without costs or damages, must, in the first instance, come merely from the ship taken, viz. the papers on board and the examination on oath of the master and other principal officers ; for which purpose there are officers of Admiralty in all the considerable...

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