Reports of Cases, Argued and Determined in the Court of Vice-admiralty: At Halifax, in Nova-Scotia, from the Commencement of the War, in 1803, to the End of the Year 1813, in the Time of Alexander Croke |
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Page 2
... of America . Had the capture taken place while the ship was proceeding to France , the claimants must have been considered as sailing under their native and hostile character ; but as , at the time 2 CASES DETERMINED IN THE.
... of America . Had the capture taken place while the ship was proceeding to France , the claimants must have been considered as sailing under their native and hostile character ; but as , at the time 2 CASES DETERMINED IN THE.
Page 3
... capture , the ship was actually bound to Baltimore , at the ex- press desire of the claimants , their intention for re- turning there must be taken for granted , a fact upon which their claim of restitution altogether rests . They had ...
... capture , the ship was actually bound to Baltimore , at the ex- press desire of the claimants , their intention for re- turning there must be taken for granted , a fact upon which their claim of restitution altogether rests . They had ...
Page 4
... capture , was as effectual a return to their native country , as if they had landed in France . It is true they were on their way back to Baltimore at the time they were captured , but they might have adopted this measure for the ...
... capture , was as effectual a return to their native country , as if they had landed in France . It is true they were on their way back to Baltimore at the time they were captured , but they might have adopted this measure for the ...
Page 7
... capture was made . Here then is a very material alteration in the cir- cumstances of the case . Whatever might have been the original intention of the parties , and whatever might have been the consequence of a capture in pursuit of ...
... capture was made . Here then is a very material alteration in the cir- cumstances of the case . Whatever might have been the original intention of the parties , and whatever might have been the consequence of a capture in pursuit of ...
Page 9
... capturing ship , but of a mere stranger , a man who went accidentally from this country after the capture was made , and who must be entirely un- acquainted with every circumstance relating to it , The captor , not only before ...
... capturing ship , but of a mere stranger , a man who went accidentally from this country after the capture was made , and who must be entirely un- acquainted with every circumstance relating to it , The captor , not only before ...
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Reports of Cases, Argued and Determined in the Court of Vice-Admiralty, at ... James Stewart No preview available - 2017 |
Common terms and phrases
act of parliament admitted affidavit agents Ajuria alledged American appears apply April authority behalf belonging bills of lading blockade breach Brig Britain British subjects Captain capture circumstances claim claimants colonies command commerce commission Commissioners condemnation considered contraband Court of Admiralty Court of Vice-Admiralty Croke custody declaration decrees directed droits duty enemy enemy's entitled evidence France French given governor granted Greenwich Hospital Halifax HERKIMER hostile importation John Coape Sherbrooke July King's Advocate law of nations letters of marque liable licence likewise LITTLE JOE Lord Lord High Admiral Majesty Majesty's master ment merchants monition naval neutral neutral country Nova Scotia officers order in council owners parties persons petition possession present Prize Act proceedings proceeds proof protection proved province question received reprisals respect sailed Schooner seized seizure ship and cargo Spanish taken tion trade United vessel and cargo vice-admiral voyage York
Popular passages
Page 187 - Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and territorial rights of the same, and every part thereof.
Page 584 - ... his royal highness the Prince Regent, in the name and on the behalf of his Majesty...
Page 409 - Act passed in the nineteenth year of our reign intituled an Act to explain and amend an Act made in the twenty-second year of the reign of his late Majesty King George the Second intituled an Act for amending explaining and reducing into one Act of Parliament the laws relating to the government of his Majesty's ships vessels and forces by sea.
Page 409 - ... and such enemies, pirates, and rebels, if there shall be occasion to pursue and prosecute in or out of the limits of our said...
Page 488 - ... Europe, from which, although not at war with His Majesty, the British flag is excluded, and all ports or places in the colonies belonging to His Majesty's enemies, shall, from henceforth, be subject to the same restrictions in point of trade and navigation, with the exceptions hereinafter mentioned, as if the same were actually blockaded by His Majesty's naval forces, in the most strict and rigorous manner...
Page 591 - And the Right Honourable the Lords Commissioners of his Majesty's Treasury, his Majesty's Principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judge of the High Court of Admiralty, and the Judges of the Courts of Vice- Admiralty, are to take the necessary measures herein, as to them may respectively appertain.
Page 409 - Majesty's ships vessels and forces by sea and to use such proceedings authorities punishments corrections executions upon any offender or offenders who shall be mutinous seditious disorderly or any way unruly either at sea or during the time of their abode or residence in any of the ports harbours or bays of our said...
Page 587 - Congress assembled: and the said courts of admiralty are hereby authorized and required to take cognizance of and judicially to proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships and goods that are or shall be taken, and to hear and determine the same...
Page 493 - England, that the coast, rivers, and ports above mentioned, must be copsidered as being in a state of blockade, and that from this time all the measures, authorized by the law of nations and the respective treaties between his majesty and the different neutral powers, will be adopted and executed with respect to vessels attempting to violate the said blockade after this notice.
Page 56 - The question is, whether a man who resides under the allegiance and protection of an hostile state for all commercial purposes, is not to be considered to all civil purposes as much an alien enemy as if he were born there ? If we were to hold that he was not, we must contradict all the modern authorities upon this subject.