A Treatise of Captures in War

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W. Clarke and Sons, 1803 - 240 pàgines
 

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Pàgina 219 - ... or suspicion, arising from the fault of the ship taken, and other circumstances of the case, costs to be paid, or not to be received by the claimant in case of acquittal and restitution. On the other hand, if a seizure is made without probable cause, the captor is adjudged to pay costs and •damages.
Pàgina 217 - 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 219 - ... say whether the ship or cargo be the property of a friend or enemy, the law of nations allows, according to the different degrees of...
Pàgina 216 - 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 220 - ... 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 217 - ... 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 217 - 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...
Pàgina 220 - If he will not show the property, by sufficient affidavits, to be neutral, it is presumed to belong to the enemy. Where the property appears from evidence not on board the ship, the...
Pàgina 187 - 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.

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