The Law of Nations Affecting Commerce During War With a Review of the Jurisdict

Cover The Law of Nations Affecting Commerce During War With a Review of the Jurisdict
The Law of Nations Affecting Commerce During War With a Review of the Jurisdict
Francis H Francis Henry Upton
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In sight only from the masthead. I do not say that such a case would be entirely and absolutely out of the reach of the principle on which the being in sight is admitted to constitute an interest of joint- capture ; but this may be safely affirmed — that if the court was to pronounce for such a claim, upon such evidence, it would be, in all respects, a very extreme case indeed. "^ The ships Alfred, Dictator, Bittern, Zephyr and Pelican claimed to share in the property taken on land, and in the ...capture of one vessel, and in the t ' Buenos Ayres, 1 Dod. , 28. ' The Robert, 3 Rob. , 194.
220 JorNT-a^PTUEE.
distribution of "bounty for the destruction of others, upon the capture of the isLand of Trinidad by the British. The claim was based on the averment that these vessels were in sight, and the admiral (Harvey) in command of the fleet, expressed an opinion that these vessels must have been in sight the evening before the enemy's ships were set on fii^e and the capture made.
The being in Lord Stowcll Said : " The grounds of this opinion ftfmauve?7 "" ' Seem to be very rational and just, and if supported proved.


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