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 (Classic Reprint)
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 (Classic Reprint)
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1828 Excerpt: ...in a blockade, or in naval or Naplfs military operations of that kind, it must be shewn _ that such vessel was present at some period of the Ai-v n. 1s1s operation, either at the commencement, the intermediate stage, or at the time of the surrender. I Sembie that an do not mean to lay down any such universal or ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1828 Excerpt: ...in a blockade, or in naval or Naplfs military operations of that kind, it must be shewn _ that such vessel was present at some period of the Ai-v n. 1s1s operation, either at the commencement, the intermediate stage, or at the time of the surrender. I Sembie that an do not mean to lay down any such universal or arisTonsome. negative or exclusive principle, in which it can be tf said, that there may not be cases in which an general rule, interest may arise upon something falling short of this; but the rule is severe, and it cannot be in general denied, that where a vessel of war associated with others is present at any part of a warlike transaction, be it blockade, siege, or whatever it may be, that, by being present at any part of it, and more particularly if combined in the service of the operation, such vessel is fairly entitled to the interest which she claims. In order to determine, then, whether the Grasshopper may be brought within this limitation of the right of prize, it may be proper to consider the occurrences which took place in this business. They are contained in some degree in the allegation offered on her part, which to a great degree proves itself; the facts which it asserts being exhibited in orders and instructions, and as there is no reason to presume that they were not as expressed, I may take them, as far as they go, to be a fair exposition of what did occur. Four witnesses only are examined, and I cannot assent to the observation of the King's Advocate, that these are interested witnesses; there is only one of them who may be considered in that character, namely, Mr. Start; but neither Lord Burg hersh Naples hersh nor Captain Dickson can be considered in Grant., --_ _, that light; the latter of these officers was on board April i4t...
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