Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Sir William Scott, Michaelmas Term, 1798[-1808], Volume 1
J. Butterworth and J. White, 1812 - Law reports, digests, etc
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Admiral Kingsmill admitted affidavit againft agent alfo anfwer appears applied arifing Batavia becaufe belligerent Bermuda bill of lading blockade bottomry Britijh cafe Captain captors cargo carried caufe circumftances claim claimant colonies condemnation confequence confideration confidered Coninck contraband contract Court of Admiralty decree demnation destination difpofed directed Dutch Embden enemy entitled expences faid fale fame farther proof feems feizure fervice fhall fhip fhould fide firft fome foreign France freight French ftated ftation fuch fufficient fuit Gelston Genoa hemp himfelf houfe inftance intereft itfelf Judgment King's Advocate liable licence Lijbon Lord Keith Lords Lubec mafter mips muft neceflary neutral country neutral merchants obferved opinion Oporto orders owner parties perfons poffeffion port prefent principle prize proceedings purchafe purpofe queftion reafon refpect reftitution reftored salvage Senegal ship Sir Thomas Williams Spanish Swedijh taken thefe thofe tion traband trade veffel vessel voyage
Page 85 - ... liable to confiscation; and it has been ruled that, without license from government, no communication, direct or indirect, can be carried on with the enemy ; that the interposition of a prior port makes no difference; that all trade with the enemy is illegal, and the circumstance that the goods are to go first to a neutral port will not make it lawful.
Page 261 - If an act of force, exercised by one belligerent on a neutral ship or person, is to be deemed a sufficient justification for any act done by him, contrary to the known duties of the neutral character, there would be an end of any prohibition under the law of nations to carry contraband, or to engage in any other hostile act.
Page 173 - The inhabitants of those countries are not professors of exactly the same law of nations with ourselves. In consideration of the peculiarities of their situation and character, the court has repeatedly expressed a disposition not to hold them bound to the utmost rigor of that system of public laws on which European states have so long acted in their intercourse with one another.
Page 86 - If in the ship's papers property in a voyage from an enemy's port be described "for neutral account," this is such a general mode as points to no designation whatever; and under such a description no person can say that the cargo belongs to him, or can entitle himself to the possession of it as his property. In such a case farther proof is indispensable.
Page 67 - If that is the consequence, all that can be said is that it is an unavoidable consequence. It must be imputed to the nature of the thing which will not admit a remedy of this species.
Page 431 - The relaxations that have since been adopted have originated chiefly in the change that has taken place in the trade of that part of the world, since the establishment of an independent government on the continent of America. In consequence of that event, American vessels had been admitted to trade in some articles, and on certain conditions, with the colonies both of this country and France.
Page 8 - There might perhaps be cause of confiscation, according to their notions, for some infringment of the regulations of treaty; as it is by the law of treaty only that these nations hold themselves bound, conceiving (as some other people have foolishly imagined), that there is no other law of nations, but that which is derived from positive compact and convention. Had there been any demand for justice in that country on the part of the owners, and the Dey had refused to hear their complaints, there...
Page 432 - France, Spain, or Holland, and coming directly from any port of the said islands or settlements, to any port of Europe, not being a port of this kingdom, nor a port of the country to which such ships, being neutral ships,* belonged." Neutral vessels were, by this relaxation, allowed to carry on a direct commerce between the colony of the enemy, and their own country ; a concession rendered more reasonable by the events of war, which, by annihilating the trade of France, Spain, and Holland, had entirely...
Page 68 - ... In laying down this rule, as applicable to the present case, I proceed upon the supposition that this was a real inland navigation, and not a navigation over the Watt, the character of which might be subject to a different signification.
Page 5 - Sir W. Scott: This is a question arising on a ship, which has been purchased by a British merchant of a Spaniard. A claim is now given on the part of the original British proprietor, on a suggestion that the vessel, while sailing as his property, was captured and carried into the Barbary States, and there sold to the Spanish merchant, from whom the present holder purchased.