The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice And Proceedings of Prize Courts

Cover The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice And Proceedings of Prize Courts
The Law of Nations Affecting Commerce During War: With a Review of the Jurisdiction, Practice And Proceedings of Prize Courts
Francis H Francis Henry Upton
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189 Spanish property, and that Spanish property has uoTV >>ecome liable to condemnation. But I appre- liend it is a position that cannot be maintained in that extent. In the ordinary course of things, in time of peace — ^for it is not denied that such a con- tract may be made and effectually made according to the usage of merchants in time of war — such a trans- fer in transitu might certainly be made. It has even been contended that a delivery of the bill of lading is a transfer of the propert...y. But it might be more correctly expressed, perhaps, if said that it transfers only the right of delivery — ^but that a transfer of the bill of lading, with a contract of sale accom- panying it, may transfer the property in the ordi- nary course of things, so as effectually to bind the parties and all others, cannot be doubted. When war intervenes, another rule is set up in admiralty which interferes with the ordinary practice.
" In a state of war, existing or imminent, it is held that the property shall be deemed to continue as it was at the time of shipment till the actual delivery.


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