The American Law Journal and Miscellaneous Repertory, Volumen1W. P. Farrand and Company, 1808 |
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Página 5
... law of nations can notice . The court of the captor does not lose its jurisdiction of the case in consequence of the captured vessel being carried into a port of a neutral power , because she is there in such a place of safety that a ...
... law of nations can notice . The court of the captor does not lose its jurisdiction of the case in consequence of the captured vessel being carried into a port of a neutral power , because she is there in such a place of safety that a ...
Página 6
... law of nations can notice . Recapture , escape or a voluntary discharge of the captured vessel would be such a circumstance , because the sovereign would be there- by deprived of the possession of the thing , and of his power over it ...
... law of nations can notice . Recapture , escape or a voluntary discharge of the captured vessel would be such a circumstance , because the sovereign would be there- by deprived of the possession of the thing , and of his power over it ...
Página 7
... law of nations shall otherwise direct . The sovereign , whose officer has in his name captured a vessel as prize of war , remains in possession of that vessel , and has full power over her so long as she is in a situation in which that ...
... law of nations shall otherwise direct . The sovereign , whose officer has in his name captured a vessel as prize of war , remains in possession of that vessel , and has full power over her so long as she is in a situation in which that ...
Página 9
... law of nations , and therefore is not examinable by a foreign tribunal . It would seem , then , that the principles , which have been stated as applicable in this respect to a prize of war , may be applied to a vessel rightfully seized ...
... law of nations , and therefore is not examinable by a foreign tribunal . It would seem , then , that the principles , which have been stated as applicable in this respect to a prize of war , may be applied to a vessel rightfully seized ...
Página 10
... nation . We find the property in possession of the captor , under authority de- rived from his sovereign , whose conduct cannot be submitted to our jurisdiction . The modern practice of nations sanctions the condemnation of vessels ...
... nation . We find the property in possession of the captor , under authority de- rived from his sovereign , whose conduct cannot be submitted to our jurisdiction . The modern practice of nations sanctions the condemnation of vessels ...
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Términos y frases comunes
Aaron Burr action answer appear applied attorney authority Baltimore Baltimore county belligerent bill blockade bottomry brig Brouvard Cape Francois captain capture cargo cause Champagny CHAPTER Circuit Court circumstances claim common law condemnation congress considered constitution contract counsel court of admiralty courts of equity creditors debt debtor decision declaration decree deed defendant dollars Dorchester county duties embargo England entitled equity evidence execution feme covert forfeiture France French give Harford county heirs honour intention issue John judge judgment jurisdiction jury land law of nations letter libel limitation Lord Lord Mansfield mandamus ment neutral New-York offence officer opinion party person plaintiff plaintiff in error port possession president principle prisoner prize prize court proceedings prosecution purchaser question reason respect rule sentence ship sovereign statute supreme court testator thing tion total loss trustees United vendor vessel voyage William Duane witness words writ
Pasajes populares
Página 262 - United States, in Congress assembled, can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled...
Página 257 - States shall be divided or appropriated ; of granting letters of marque and reprisal in times of peace, appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
Página 296 - ... to trade with the same Liberty, and Security, from the Places, Ports, and Havens of those who are Enemies of both or either Party, without any opposition or Disturbance whatsoever, not only directly from the Places of the Enemy aforementioned to neutral Places; but also from one Place belonging to an Enemy, to another Place belonging to an Enemy, whether they be under the Jurisdiction of the same Prince or under Several...
Página 257 - States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever — of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated...
Página 262 - No vessels of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade ; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such State...
Página 138 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place ; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter, but she shall be permitted to go to any other port or place she may think proper...
Página 202 - Merchandises until the same be there discharged and safely landed ; and it shall be lawful for the said Ship, &c., in this Voyage to proceed and sail to and touch and stay at any Ports or Places whatsoever without Prejudice to this Insurance.
Página 266 - 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.