What is Contraband of War and what is Not: Comprising All the American and English Authorities on the Subject

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Butterworths, 1861 - Contraband of war - 114 pages
 

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Page 108 - ... for it being impossible to ascertain the final use of an article ancipitis usus, it is not an injurious rule which deduces both ways the final use from the immediate destination ; and the presumption of a hostile use, founded on its destination to a military port, is very much inflamed, if at the time when the articles were going, a considerable armament was notoriously preparing, to which a supply of...
Page 44 - ... excepting, however, the quantity of the said articles which may be necessary for the defence of the ship, and of those who compose the crew; and all other articles whatever, not enumerated here, shall not be...
Page 24 - From the moment of quitting port on a hostile destination, indeed, the offence is complete, and it is not necessary to wait, till the goods are actually...
Page 83 - ... of nations, shall for that reason be seized, the same shall not be confiscated, but the owners thereof shall be speedily and completely indemnified; and the captors, or, in their default, the Government under whose authority they act, shall pay to the masters or owners of such vessels the full value of all such articles, with a reasonable mercantile profit thereon, together with the freight, and also the demurrage incident to such detention.
Page 17 - AN EXAMINATION OF THE RULES OF LAW respecting the Admission of EXTRINSIC EVIDENCE in Aid of the INTERPRETATION OF WILLS.
Page 16 - THE LAW of RAILWAYS, including the Three General Consolidation Acts, 1845, and the other General Acts for regulating Railways in England and Ireland, with copious Notes of Decided Cases on their Construction, including the Rights and Liabilities of Shareholders, Allottees of Shares, and Provisional Committee-men, with Forms, &c. By LEONARD SHELFORD, Esq., of the Middle Temple, Barrister at Law.
Page 23 - ... usus, it is not an injurious rule which deduces both ways the final use from the immediate destination ; and the presumption of a hostile use, founded on its destination to a military port, is very much inflamed, if at the time when the articles were going, a considerable armament was notoriously preparing, to which a supply of those articles would be eminently useful.
Page 25 - ... draw after it no penalty and no hazard. If a ship be driven by stress of weather into a prohibited port, or into an open port, with prohibited articles on board, in neither case is any forfeiture incurred. And what may be considered a still stronger case, it has been decided by eminent English authority, and that decision has received general approbation, that if a vessel be driven, by necessity, into a port strictly blockaded, this necessity is...
Page 84 - But the most important distinction is, whether the articles were intended for the ordinary use of life, or even for mercantile ships' use; or whether they were going with a highly probable destination to military use? Of the matter of fact, on which the distinction is to be applied, the nature and quality of the port to which the articles were going, is not an irrational test ; if the port is a general commercial port, it shall be understood that the articles were going for civil use, although occasionally...
Page 15 - THE LAW RELATING TO THE REMOVAL OF NUISANCES INJURIOUS TO HEALTH, and to the PREVENTION OF EPIDEMIC AND CONTAGIOUS DISEASES, with the STATUTES, including the PUBLIC HEALTH ACT, 1858, and Table of Statutes, Cases and Index.

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