Courts-martial. Law reform. Lady Gwendolen Cecil's "Life of Lord Salisbury". The late Sir Samuel Evans. Neil Primrose. Jack Scott. Edward Horner. Judges and politics. A new part. The Reconstruction of civilization

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Hodder and Stoughton, limited, 1922 - Great Britain
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Page 96 - While the guiding principles of the law must be followed, it is a truism to say that international law, in order to be adequate, as well as just, must have regard to the circumstances of the times, including "the circumstances arising out of the particular situation of the war, or the condition of the parties engaged in it:" vide The Jonge Margaretha (1799), 1 C.
Page 77 - In all cases not provided for by these Rules, the practice of the late High Court of Admiralty in England in prize proceedings shall be followed, or such other practice as the President may direct.
Page 90 - ... and others concerned, like underwriters or insurers, would feel a greater sense of fairness and security if, through an owner (though he be an enemy), the case for a seized or captured vessel were permitted to be independently placed before the Court. "For the considerations to which I have adverted, and in order to induce and justify a conviction of fairness, as well as to promote just and right decisions, I deem it fitting, pursuant to powers which I think the Court possesses, to direct that...
Page 143 - That no person who has an office or place of profit under the King, or receives a pension from the crown, shall be capable of serving as a member of the house of commons.
Page 82 - American proprietors made claim to the cargo, but the claim was | disallowed because the p. 671 claimants' interest was not sufficient to support it ; and the court said : ' Captors are supposed to lay their hands on the gross tangible property, on which there may be many just claims outstanding, between other parties, which can have no operation as to them. If such a rule did not exist, it would be quite impossible for captors to know upon what grounds they were proceeding to make any seizure. The...
Page 83 - This Court accordingly ought to, and will, regard the Declaration of Paris, not only in the light of rules binding in the conduct of war, but as a recognised and acknowledged part of the law of nations, which alone is the law which this Court has to administer.
Page 75 - And this is obviously for grounds solid in justice and convenient in practice ; because the two courts administered two different codes or systems of law ; the Prize Courts deal with claims in accordance with the law of nations and upon equitable principles freed from contracts...
Page 89 - A merchant who is a citizen of an enemy country would not unnaturally expect that when the State to which he belongs, and other States with which it may unhappily be at war, have bound themselves by formal and solemn Conventions dealing with a state of war, like those formulated at The Hague in 1907, he should have the benefit of the provisions of such international compacts. He might equally naturally expect that he would be heard, in cases where his property or interests were affected, as to the...
Page 143 - A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons.

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