The Law Review and Quarterly Journal of British and Foreign Jurisprudence, Volumen8

O. Richards, 1848

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Página 310 - ... right of visitation and search exists. This right is so clear in principle, that no man can deny it who admits the legality of maritime capture; because if you are not at liberty to ascertain by sufficient inquiry whether there is property that can legally be captured, it is impossible to capture.
Página 309 - That the right of visiting and searching merchant ships upon the high seas, whatever be the ships, whatever be the cargoes, whatever be the destinations, is an incontestable right of the lawfully commissioned cruisers of a belligerent nation.
Página 179 - ... to our lord the king ; and that they be attached by their bodies, if they may be found, and brought before the king and his council, there to answer to the cases aforesaid, or that process be made against them, by...
Página 280 - Prize is altogether a creature of the Crown. No man has, or can have, any interest but what he takes as the mere gift of the Crown. Beyond the extent of that gift he has nothing. This is the principle of law on the subject, and founded on the wisest reasons. The right of making war and peace is exclusively in the Crown. The acquisitions of war belong to the Crown ; and the disposal of these acquisitions may be of the utmost importance for the purposes both of war and peace.
Página 146 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Página 194 - Provided also, that such canons, constitutions, ordinances, and synodals provincial, being already made, which be not contrariant or repugnant to the laws, statutes, and customs of this realm, nor to the damage or hurt of the King's prerogative royal...
Página 306 - I am of opinion, that_no use, of a neutral territory, for the purposes of war, is to be permitted ; I do not say remote uses, such as procuring provisions and refreshments, and acts of that nature, which the law of nations universally tolerates; but thatt no proximate acts of war are in any manner to be allowed to originate on neutral grounds...
Página 47 - States, when they will have their choice of either entering into His Majesty's Sea or Land Forces, or of being sent as Free Settlers, to the British Possessions in North America or the West Indies, where they will meet with all due encouragement.
Página 25 - In trying the legality of acts done by military officers in the exercise of their duty, particularly beyond the seas, where cases may occur without the possibility of application for proper advice, great latitude ought to be allowed, and they ought not to suffer for a slip of form, if their intention appears by the evidence to have been upright. It is the same as when complaints are brought against...
Página 35 - A man from a malicious motive may take up a prosecution for real guilt, or he may from circumstances, which he really believes, proceed upon apparent guilt, and in neither case is he liable to this kind of action.

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