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actual Admiralty admitted afterwards agent allegation American appears applied arrived authority belonging bond bound British brought Captain capture cargo carried cause certainly character chase circumstances claim colony commander common condemnation consequence consideration considered course court crew direct duty effect employed enemy engaged entitled evidence exist fact force foreign French further give given granted ground importation interest island JUDGMENT jurisdiction kind land letter license Lord Majesty's master means nature necessary necessity objection observed obtained officers opinion order in council original owners parties passed permitted persons port possession present principle prize proceed proceedings produced proper protection question reason received respect rule sailed salvage SCOTT seizure share ship ship and cargo slave statute sufficient taken tion trade transaction vessel voyage whole witnesses
Page 579 - Secondly, a misfortune of this kind may arise where both parties are to blame ; where there has been a want of due diligence or of skill on both sides : In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Page 579 - C. D., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents.
Page 423 - The blockade imposed by it is applicable to a very great extent of coast, and was never intended to be maintained according to the usual and regular mode of enforcing blockades...
Page 109 - ... will respect the property of persons engaged in it under the sanction of the laws of their
Page 89 - Trade has since been totally abolished in this country, and our legislature has pronounced it to be contrary to the principles of justice and humanity. Whatever we might think as individuals before, we could not, sitting as judges in a British court of justice, regard the trade in that light, while our own laws permitted it. But we can now assert, that this trade cannot, abstractedly speaking, have a legitimate existence. When I say abstractedly speaking...
Page 579 - Slave-trade, — and, after stating these facts, to observe, that neither this British Act of Parliament nor any Commission founded on it can affect any right or interest of Foreigners, unless they are founded upon principles, and impose regulations, that are consistent with the Law of Nations. That is the only Law which Great Britain can apply to them; and the generality of any terms employed in an Act of Parliament must be narrowed in construction by a religious adherence thereto.
Page 519 - 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 243 - It is not the less a war on that account, for war may exist without a declaration on either side. It is so laid down by the best writers on the law of nations. A declaration of war by one country only, is not a mere challenge to be accepted or refused at pleasure by the other.
Page 145 - Navigation, it was enacted, that from and after the first day of December, one thousand six hundred and sixty, and from thenceforward, no goods or commodities shall be imported into or exported out of any lands, islands, plantations, or territories, to his Majesty belonging or in his possession, or which may hereafter belong unto or be in the possession of his Majesty, his heirs and successors, in Asia, Africa...