A Compendious View of the Civil Law: And of the Law of the Admiralty, Being the Substance of a Course of Lectures Read in the University of Dublin, Volumen2J. Butterworth, 1802 |
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A Compendious View of the Civil Law and of the Law of the ..., Volumen2 Arthur Browne Vista completa - 1802 |
A Compendious View of the Civil Law and of the Law of the Admiralty: Being ... Arthur Browne Sin vista previa disponible - 2015 |
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Página 516 - Imperial Majesty, in the name of the two Contracting Parties, to accede to the present Convention, and at the same time to renew and confirm their respective Treaties of commerce with His Britannic Majesty...
Página 74 - And also, as the courts of common law have obtained a concurrent jurisdiction with the Court of Chivalry with regard to foreign contracts, by supposing them made in England; so, it is no uncommon thing for a plaintiff to feign that a contract really made at sea was made at the Royal Exchange, or other inland place, in order to draw the cognizance of the suit from the courts of admiralty to those of Westminster Hall.
Página 518 - the eighth article of union, that all laws in force at the time of the union, and all the courts of civil and ecclesiastical jurisdiction within the respective kingdoms, shall remain as now by law established within the same, subject only to such alterations and regulations from time to time as circumstances may appear to the parliament of the united kingdom to require...
Página 46 - II. c. 3, declares that the court of the admiral hath no manner of cognizance of any contract, or of any other thing, done within the body of any county, either by land or by water ; nor of any wreck of the sea ; for that must be cast on land before it becomes a wreck.
Página 324 - ... ships inconsistent with amity or neutrality; and if they consent to accept this pledge, no third party has a right to quarrel with it, any more than with any other pledge which they may agree mutually to accept But surely no sovereign can legally compel the acceptance of such a security by mere force.
Página 315 - If I lay siege to a place, or only form the blockade. I have a right to hinder any one from entering, and to treat as an enemy whoever attempts to enter the place, or carry any thing to the besieged, without my leave.
Página 28 - COURTS are courts which have jurisdiction over maritime causes, whether of a civil or criminal nature. In England, the Court of Admiralty is held before the Lord High Admiral or his deputy, who is called the judge of the court: when there was a Lord High Admiral, the judge of the Admiralty usually held his place by patent from him ; but when the office of' admiral is executed by commissioners, he holds his place by direct commission from the crown under the great seal.
Página 271 - ... be, by decree of the faid court " of admiralty, accordingly reftored to fuch former owner " or owners, or proprietors-, he or they paying for and in
Página 458 - ... appointed ;) the indictment being first found by a grand jury of twelve men, and afterwards tried by a petty jury : and that the course of proceedings should be according to the law of the land.
Página 60 - All grants of the Crown are to be strictly construed against the grantee, contrary to the usual policy of the law in the consideration of grants ; and upon this just ground, that the prerogatives and rights and emoluments of the Crown being conferred upon it for great purposes, and for the public use, it shall not be intended that such prerogatives, rights and emoluments are diminished by any grant, beyond what such grant by necessary and unavoidable construction shall take away.