A History of the English Prize CourtLloyd's, 1924 - 115 páginas |
Términos y frases comunes
Admiralty Court américain anglais appointed authorised belligérants blocus captured cargaison cargo charbon Charles Hedges claimant Clunet Colonial Prize commerce commission Commissioners Common Law condemnation conflit contrebande de guerre Court of Admiralty Crown Cuba d'une decisions déclaration de Paris deux Droits of Admiralty eighteenth century England English Prize Court espagnol États-Unis été être fact fait France gouvernement High Court important Instance issued judge judgment judicial jurisdiction in prize Justice l'Espagne Law and Custom ledgers letters of marque Lloyd's Prize Lord High Admiral Lord Stowell marchandise ennemie maritime Marshal n'est Naval Prize Act navire de guerre neutral neutralité Office Order in Council parties pavillon port practice prise Privy Council prize appeals prize causes prize jurisdiction prize law proceedings proceeds Puissances qu'il question recognised regard Registrar Reports risques de guerre Royal Navy rules seized seizure ship ship's papers Sir Leoline Jenkins tribunal vessels Vict
Pasajes populares
Página 43 - ... ships, vessels, and goods that are or shall be taken, and to hear and determine the same ; and according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf...
Página 67 - ... ultimate destination in an enemy country. Intention is rarely the subject of direct evidence. As a rule, it has to be inferred from surrounding circumstances, and every circumstance which could, either alone or in connection with other circumstances, give rise to an inference as to the intention of the parties concerned in a transaction both relates and is relevant to the question what that intention really was.
Página 43 - Admiralty are hereby authorised and required, to take cognizance of, and judicially to proceed upon, all, and all manner of captures, seizures, prizes, and reprisals of all ships and goods that are, or shall be taken, and to hear and determine the same...
Página 72 - ... take the most effectual steps to exercise that right. 10. The United States note then passes to the subject of the procedure in the prize courts, and maintains that courts of prize have hitherto been bound, by well-established and long-settled practice, to consider at the first hearing only the ship's papers and documents and the answers to the standing interrogatories, and to exclude all other evidence unless and until an order has been made for "further proof.
Página 59 - ... remain in the same manner after the union as now in Scotland, until the Parliament of Great Britain shall make such regulations and alterations as shall be judged expedient for the whole united kingdom, so as there be always continued in Scotland a Court of Admiralty such as in England for determination of all maritime cases relating to private rights in Scotland competent to the jurisdiction of the Admiralty Court...
Página 43 - ... taken, and to hear and determine the same; and according to the course of Admiralty and the law of nations, and the statutes, rules and regulations for the time being in force in that behalf, to adjudge and condemn all such ships, vessels and goods as shall belong to the...
Página 72 - ... practice to consider at the first hearing only the ship's papers and documents, and the goods found on board, together with the written replies of the officers and seamen to standing interrogatories taken under oath, alone and separately, as soon as possible and without communication with or instruction by counsel, in order to avoid possibility of corruption and fraud. (9) Additional evidence was not allowed to be introduced except upon an order of the court for "further proof...
Página 73 - ... practice and rules were conceived and made in the spirit of those improvements. The objects with which the old practice was abolished were to prevent delay, to eliminate technicalities, and to enable the parties to prove all the true and material facts, and to place their respective cases fully before the court. 13. Moreover, it must be remembered that the conditions under which goods are conveyed by sea from one country to another have completely changed. In the days when the old rules were...
Página 72 - Attention is drawn to the fact that the above practice, which had been followed by the British prize courts for over a century, and also by the prize courts of the United States, was changed by the prize court rules issued by His Majesty's Government at the outbreak of the present war. Upon this matter His Majesty's Government have to point out that they recognized some years ago that modern conditions had rendered the old rules obsolete, and new rules had been prepared under the guidance and supervision...
Página 70 - ... that particulars of various matters should be given by the captors or by the Crown. It has been pointed out over and over again that the procedure in Prize Courts is — and is properly — very different from the procedure in the municipal Courts. I am not going to be a party, except in extremely special cases — there may be some — to the introduction of pleadings, summonses for particulars, &c., into these Prize Court proceedings.