Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of Sir William Scott : Trinity Term 1811-[1822], Part 105, Volume 2A. Strahan, 1828 - Admiralty |
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admitted affidavit aforesaid afterwards agents alleged American appears applied April arising authority Barbadoes blockade bottomree bond Captain Hope capture certainly chace Charles Burrard circumstances claim claimants colony commander considered contended Court of Admiralty crew December 15th decree deponent Endymion entitled expences fact fireships fleet force foreign France freight French FRENCH GUIANA frigate GENOA grant ground Guadaloupe head-money interest James Underwood judgment jurisdiction justice King's law of nations laws of France licence logwood Lord Cochrane Lord Exmouth Lord Gambier Lord William Bentinck Majesty's ship March mariners master ment Messrs Naples offence officers owners parties payment persons piracy port Portuguese possession present principle PRINS FREDERIK prize proceed proceedings question respect sailed salvage salvors seamen seizure share shew ship and cargo slave-trade slaves squadron statute SYDNEY COVE taken TARRAGONA tion trade transaction treaty VARSOVIE vessel voyage wages
Popular passages
Page 139 - 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 453 - For salvage is a question of jus gentium, and materially different from the question of a mariner's contract, which is a creature of the particular institutions of the country, to be applied and construed and explained by its own particular rules.
Page 56 - Chan[698] nels, for the Gulf of Mexico, and all parts of the West Indies; forty days for the North Seas, for the Baltic, and...
Page 56 - Treaty by both parties as hereinafter mentioned, orders shall be sent to the armies, squadrons, officers, subjects, and citizens of the two powers, to cease from all hostilities. And to prevent all causes of complaint, which might arise on account of the prizes which may be taken at sea after the said Ratifications of this Treaty, it is reciprocally agreed, that all vessels...
Page 85 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not being responsible to him in any degree.
Page 85 - ... 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. — • Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer must 'bear his own burthen.
Page 416 - ... any Law, Custom or Usage to the contrary notwithstanding; subject nevertheless to such Distribution of the Produce of the Seizures so made at Sea, as well with regard to the Moiety hereinbefore granted to His Majesty as with regard to the other Moiety given to the Seizor or Prosecutor, as His Majesty shall think fit to order and direct by any Order or Orders of Council, or by any Proclamation or Proclamations to be made for that Purpose. LXIX. And be it further enacted, That all Actions...
Page 222 - African slave-trade, after that trade had been abolished by the internal laws of France, and by the treaty between Great Britain and France. 4th, That the vessel had bargained for twelve slaves at Mesurada, and was prevented by the capture alone from taking them on board.
Page 247 - In truth it wants some of the distinguishing features of that offence. It is not the act of freebooters, enemies of the human race, renouncing every country, and ravaging every country in its coasts and vessels indiscriminately...