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actual admiralty admitted affidavit allowed American answer appears applied arising arrival authority belonging blockade bound British brought capture cargo carried cause character charge circumstances claim claimant colony condemnation conduct consequence consideration considered contended continued contract course court decree destination direct Dutch duty effect enemy entitled established evidence expressed fact farther former France French give given going ground held hostilities importation impossible instance intention interest JUDGMENT King's Advocate letter Lord manner master means merchants nature necessary neutral objection observed officer opinion original owner particular parties passed persons port possession practice present principle privateer prize proceed proceeding produced pronounce proof protection question reason received reference respect restored rule sailed Scott seizure ship Spanish sufficient supposed taken tion trade transaction treaty vessel voyage whole
Página 384 - But in a fictitious importation they are mere voluntary ceremonies, which have no natural connection whatever with the purpose of sending on the cargo to another market, and which, therefore, would never be resorted to by a person entertaining that purpose, except with a view of giving to the voyage which he has resolved to continue the appearance of being broken by an importation, which he has resolved not really to moke.
Página 401 - Admiralty Reports. REPORTS of CASES argued and determined in the HIGH COURT of ADMIRALTY, commencing with the Judgments of the Right Honourable Stephen Lushington, DCL By WILLIAM ROBINSON, DCL Advocate.
Página 227 - It cannot be doubted,' he says, ' that there are transactions so radically and fundamentally national as to impress the national character, independent of peace or war, and the local residence of the parties. The produce of a person's own plantation in the colony of the enemy, though shipped in time of peace, is liable to be considered as the property of the enemy, by reason that the proprietor has incorporated himself with the permanent interests of the nation as a holder of the soil, and is to...
Página 374 - If *they do not belong to the United States of America, any other power might occupy them; they might be embanked and fortified. What a thorn would "this be in the side of America. It is physically possible, at least, that they might be so occupied by European nations, and then the command of the river would be no longer in America, but in such settlements. The possibility of such a consequence is enough to expose the fallacy of any arguments that are addressed to show that these islands are not...