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acquired admitted alien enemies alleged American vessel appears applied authority behalf belligerent country Beswicke Britain British subject British trader capture Charles Johnson citizen or subject claim claimant claration commencement of hostilities common law courts condemned confiscation considered constituting domicil decided decisive declaration deemed defendants demnation Droights of Admiralty effect enemy property England entitled established evidence examination exemption forfeiture ginal grand ingredient heard high seas hostile country hostile property instructions intention to remain intention to return law of nations libel Lord High Admiral Mary and Susan ment merchant national character native American nature neutral country onus probandi opinion particular circumstances permitted person persona standi plaintiff plea pleadings practice principle prize courts prize law protection public faith purpose question of prize ransom bills residence Richardson rule Saddleworth says seizure shew Sir William Scott standi in judicio territory Tickler tion trade treaty Vattel William Falconer Zodiack
Page 31 - I think that hardly enough is attributed to its effects; in most cases it is unavoidably conclusive; it is not unfrequently said, that if a person comes only for a special purpose, that shall not fix a domicil. This...
Page 29 - The domicil is the habitation fixed in any place, with an intention ' of always staying there. A man does not, then, establish his domicil in ' any place, unless he makes sufficiently known his intention of fixing ' there, either tacitly or by an express declaration. However, this ' declaration is no reason why, if he afterwards changes his mind, he may ' not remove his domicil elsewhere.
Page 32 - In proof of the efficacy of mere time, it is not impertinent to remark that the same quantity of business which would not fix a domicil in a certain space of time, would nevertheless have that effect if distributed over a larger space of time. Suppose an American comes to Europe with six contemporary cargoes of which he had the present care and management, meaning to return to...
Page 18 - King's menof-war, and also such ships as shall be seized in any of the ports, creeks or roads of this kingdom or of Ireland, before any declaration of war or reprisals by his Majesty, do belong unto his Majesty.
Page 34 - English trader; for no position is more established than this, that if a person goes into another country, and engages in trade, and resides there, he is, by the law of nations, to be considered as a merchant of that country ; I should therefore have no doubt in pronouncing that Mr.
Page 31 - I cannot but think, that against such a long residence, the plea of an original special purpose could not be averred : it must be inferred in such a case, that other purposes forced themselves upon him, and mixed themselves into his original design, and impressed upon him the character of the country where he resided.
Page 55 - In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to sustain in the language of the civilians a persona standi in judicio.
Page 31 - ... unfrequently said, that if a person comes only for a special purpose, that shall not fix a domicil. This is not to be taken in an unqualified latitude, and without some respect had to the time which such a purpose may or shall occupy ; for if the purpose be of a nature that may probably, or does actually, detain the person for a great length of time, I cannot but think that a general residence might grow upon the special purpose.
Page 55 - The same principle is received in our courts of the law of nations; they are so far British courts, that no man can sue therein who is a subject of the enemy, unless under particular circumstances that pro...