Prize Cases Decided in the United States Supreme Court, 1789-1918: Including Also Cases on the Instance Side in which Questions of Prize Law Were Involved, Том 1Clarendon Press, 1923 - 2182 страници |
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Често срещани думи и фрази
act of congress admitted aforesaid agent allegiance American citizen armed vessel articles of confederation authority Ballard belligerent belonging bill of lading blockade Britain captain capture cause character Circuit Court circumstances claim Claimants Colonies commission common law condemnation confiscation considered consigned consignee contended court of admiralty Court of Appeals Cranch damages decided decision declaration decree District Court domicil enemy England evidence exercise expatriation fact foreign France French Republic further proof high seas hostile illegal instructions intention invoice Judge jurisdiction jury justice law of nations letter liable libel license Mary Ford merchants neutral neutral country non-intercourse non-intercourse act opinion owners papers parties peace person Plaintiffs in error port possession principle privateer prize court prize of war proceedings re-capture regulations residence restitution sailed salvage schooner seizure sentence Shattuck shew ship shipper sovereign taken Talbot trade treaty United vessel and cargo violation voyage
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Страница 26 - States shall be divided or appropriated.. ..of granting letters of marque and reprisal in times of peace... .appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.
Страница 302 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is either besieged, blockaded, or invested, it is agreed that every vessel so circumstanced may be turned away from such port or place ; but she shall not be detained, nor her cargo, if not contraband, be confiscated, unless after notice she shall again attempt to enter...
Страница 391 - She constitutes a part of the military force of her nation ; acts under the immediate and direct command of the sovereign ; is employed by him in national objects. He has many and powerful motives for preventing those objects from being defeated by the interference of a foreign state. Such interference cannot take place without affecting his power and dignity.
Страница 452 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself.
Страница 200 - It is in the general true that the province of an appellate court is only to enquire whether a judgment when rendered was erroneous or not. But if subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied.
Страница 139 - ... of the treaty of amity and commerce between the United States and Mexico of the 5th of April, 1831; the said documents to be specified when demanded at the instance of the said commissioners.
Страница 142 - The evidence to acquit or condemn, with or without costs or damages, must, in the first instance, come merely from the ship taken, viz. the papers on board and the examination on oath of the master and other principal officers...
Страница 49 - ... ..of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated.. ..of granting letters of marque and reprisal in times of peace... .appointing courts for the trial of piracies and felonies committed on the high seas...
Страница 369 - I have their lordships commands to acquaint you, for his lordship's information, that they have sent orders to commodore Hood not to consider any blockade of those islands as existing, unless in respect of particular ports which may be actually invested, and then not to capture vessels bound to such ports unless they shall previously have been warned not to enter them...
Страница 438 - ... takings at sea, arrests, restraints and detainments of all kings, princes, or people, of what nation, condition or quality soever, barratry of the master and mariners, and all other perils, losses and misfortunes that have or shall come to the hurt, detriment or damage of the said goods and merchandises, or any part thereof.