Reports of Cases Argued and Determined in the High Court of Admiralty: Commencing with the Judgments of the Right Hon. Sir William Scott, Trinity Term, 1811[-1822].
A. Strahan, 1828 - Admiralty
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admitted affidavit aforesaid afterwards agent alleged American appears applied April arising authority Barbadoes belonging blockade bottomree bond Captain Hope capture certainly chace Charles Burrard circumstances claim claimants commander considered contended Court of Admiralty crew December 15th decree deponent Endymion enemy entitled expences fact fireships fleet force foreign 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 19th mariners master ment Messrs Naples offence officers owners parties payment persons piracy port Portuguese possession principle PRINS FREDERIK prize proceed proceedings question restitution 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
Page 85 - 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 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. Sealed with my seal.
Page 56 - Atlantic ocean as the thirtysixth degree of west longitude from the meridian of Greenwich, shall be restored on each side : that the time shall be thirty days in all other parts of the Atlantic ocean, north of the equinoctial line or equator, and the same time for the British and Irish channels, for the gulf of Mexico, and all parts of the West Indies...
Page 244 - I can find no authority that gives the right of interruption to the navigation of States in amity upon the high seas, excepting that which the rights of war give to both belligerents against neutrals. This right, incommodious as its exercise may occasionally be to those who are subjected to it, has been fully established in the legal practice of nations, having for its foundation the necessities of self-defence, in preventing the enemy from being supplied with the instruments of war, and from having...
Page 56 - Immediately after the ratifications of this 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...
Page 243 - One is the perfect equality and entire independence of all distinct states. Relative magnitude creates no distinction of right ; relative imbecility, whether permanent or casual, gives no additional right to the more powerful neighbor ; and any advantage seized upon that ground is mere usurpation. This is the great foundation of public law, which it mainly concerns the peace of mankind, both in their politic and private capacities, to preserve inviolate.
Page 251 - ... administration of the law of nations be that every nation, independently of treaties, retains a legal right to carry on this traffic, and that the trade carried on under that authority is to be respected by all tribunals, foreign as well as domestic, it is not easy to find any consistent grounds on which to maintain that the traffic, according to our views of that law, is criminal.
Page 85 - There are four possibilities under which an accident of this sort may occur. 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. — Secondly, a misfortune of this kind may arise where both parties are to blame ; where there has been...
Page 453 - ... case; or conversely, if American courts were to hold pleas of this nature respecting the merits of British seamen on such occasions. 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. There might be good reason, therefore, for this court to decline to interfere in such cases, and to remit them to their...