The Silesian Loan and Frederick the Great

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Clarendon Press, 1915 - Всего страниц: 436

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Стр. 78 - That the Goods of an Enemy, on Board the Ship of a Friend, may be taken. That the lawful Goods of a Friend, on Board the Ship of an Enemy, ought to be restored. That Contraband Goods, going to the Enemy, tho' the Property of a Friend, may be taken as Prize ; because supplying the Enemy, with what enables him better to carry on the War, is a Departure from Neutrality.
Стр. 80 - If the sentence of the court of admiralty is thought to be erroneous, there is in every maritime country a superior court of review, consisting of the most considerable persons, to which the parties who think themselves aggrieved may appeal ; and this superior court judges by the same rule which governs the court of admiralty, viz., the luw of nations, and the treaties subsisting with that neutral power, whose subject is a party before them.
Стр. 90 - The report further points out that in England " the crown never interferes with the course of justice No order or intimation is ever given to any judge
Стр. 78 - That the goods of an enemy, on board the ship of a " ' friend, may be taken; " ' That the lawful goods of a friend, on board the ship " ' of an enemy, ought to be restored : " ' That contraband goods, going to the enemy, though " ' the property of a friend, may be taken as prize ; because " ' supplying the enemy with what enables him better to " ' carry on the war, is a departure from neutrality.
Стр. 79 - ... or suspicion arising from the fault of the ship taken, and other circumstances of the case, costs to be paid, or not to be received, by the claimant in case of an acquittal and restitution. On the other hand, if a seizure is made without probable cause, the captor is adjudged to pay costs and damages...
Стр. 82 - Where the judges are left free, and give sentence according to their conscience, though it should be erroneous, that would be no ground for reprisals. Upon doubtful questions different men think and judge differently ; and all a friend can desire is that justice should be as impartially administered to him as it is to the subjects of that prince in whose courts the matter is tried.
Стр. 97 - ... by a court of justice. So scrupulously did England, France, and Spain adhere to this public faith that even during the war they suffered no inquiry to be made whether any part of the public debts was due to the subjects of the enemy, though it is certain many English had money in the French funds, and many French had money in ours.
Стр. 382 - I have the honour to be with the greatest respect. My Lord, Your Lordship's most obedient and most Humble Servant, HT CRAMAHE.
Стр. 84 - ... to be, in part, laden with the goods of the enemy, either under their own or fictitious names. In every instance where it is suggested that any part of the cargo belonged to a Prussian subject, though his property did not appear from the ship's papers, or preparatory examinations, which it ought to have done, sufficient time was indulged to that Prussian subject to make an affidavit that the property was bonA fide in him ; and the affidavit of the party himself has been received as proof of the...
Стр. 79 - The evidence to acquit or condemn, with or without costs and damages, must, in the first instance, come merely from the ship taken, viz., the papers on board and the...

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