Reports of Cases Argued and Determined in the Court of Common Pleas, and Other Courts: From Michaelmas Term, 48 Geo. III. 1807, to [Hilary Term, 59 Geo. III. 1819] Both Inclusive. With Tables of the Cases and Principal Matters, Volume 2A. Strahan, 1811 - Law reports, digests, etc |
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Page 15
... fhip taken as lawful prize generally , referving the queftion who were the cap- tors , and afterwards pronounced for the intereft of the army ; and the Court of Appeal reverfed the fentence , and pronounced the fhip and cargo to have ...
... fhip taken as lawful prize generally , referving the queftion who were the cap- tors , and afterwards pronounced for the intereft of the army ; and the Court of Appeal reverfed the fentence , and pronounced the fhip and cargo to have ...
Page 16
... fhip , mentioned by name , and to the Queen of Portugal , taken by her majesty's fhip , mentioned by name . Such an inftance happened in a joint capture by the Dutch and English fleets , which is alluded to by Lord Manfield C. J. in the ...
... fhip , mentioned by name , and to the Queen of Portugal , taken by her majesty's fhip , mentioned by name . Such an inftance happened in a joint capture by the Dutch and English fleets , which is alluded to by Lord Manfield C. J. in the ...
Page 26
... fhip , was chafed by two armed cutters , the Pro- vidence and Spitfire , each manned with 16 men , ( the Providence being commiffioned , and the Spitfire not com- missioned , against the Dutch ; ) the Providence first reached the prize ...
... fhip , was chafed by two armed cutters , the Pro- vidence and Spitfire , each manned with 16 men , ( the Providence being commiffioned , and the Spitfire not com- missioned , against the Dutch ; ) the Providence first reached the prize ...
Page 27
... fhip or by that of a foreigner : and whe- ther the Marquis de Niza be entitled or not , a deduction from the plaintiff's share must be made in respect of the force of the noncommiffioned veffels brought into the combat by the Marquis de ...
... fhip or by that of a foreigner : and whe- ther the Marquis de Niza be entitled or not , a deduction from the plaintiff's share must be made in respect of the force of the noncommiffioned veffels brought into the combat by the Marquis de ...
Page 30
... fhip commiflionated have given the occafion to fuch de reliction , and the fhip fo left be feized by fuch pursuing , or by fome other fhip commiffion . ated , then in the fame com- pany , and in purfuit of the ene my . And the like is ...
... fhip commiflionated have given the occafion to fuch de reliction , and the fhip fo left be feized by fuch pursuing , or by fome other fhip commiffion . ated , then in the fame com- pany , and in purfuit of the ene my . And the like is ...
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Common terms and phrases
abfolute action affigned againſt alfo alſo annuity becauſe Beft bill bills of lading burgage cafe capture cargo caſe cauſe Charles Hill charter-party cofts confequently confideration contract Court court of equity declaration deed Defendant Defendant's demife diſcharge eftate entitled eſtate faid fale fame fecond fecurity fentence fhall fheriff fhewed caufe fhip fhould figned fince firſt flag officer fold fome freight ftated ftatute fubject fuch fufficient fupport Hilary term himſelf houfe houſe iffue infured intereft laft licence lofs Lord mafter Mansfield C. J. Marquis de Niza muſt neceffary nonfuit obferved owner paffed paid party payment perfons Plaintiff plea poffeffion port Port-au-Prince prefent premiſes prize purchaſer purpoſe queſtion reaſon recover refpect refuſed rule nifi ſaid ſet ſhall ſhe Shepherd Serjt ſhip ſtated ſtock ſuch term Tewkesbury thefe theſe thofe thoſe tion toll trial trover truft truſtee unleſs veffel verdict voyage
Popular passages
Page 186 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Page 257 - ... the measure of damages is the price at the day when it ought to have been replaced, or the price at the day of the trial, at the option of the plaintiff...
Page 413 - Debray, an officer, drew a bill on the agent of a regiment, payable out of the first money which should become due to him on account of arrears, or non-effective money, Adair did not accept the bill, but marked it in his book ; and promised to pay when effects came to hand. Debray died before the bill was paid ; and the administratrix...
Page 278 - As to the general property in the abstract, it is hard to say who may have it ; while the contract is open, it is neither in the vendor nor in the vendee absolutely ; but, if the sale goes on, it is the property of the vendee ; if the sale is broken off, it is the property of the vendor. In the mean time the vendee has a temporary property, and a right to keep it, even if the title be rejected, until the dispute be finally settled, for his own justification, in order to show on what ground he did...
Page 12 - If there be but two flag officers, the chief shall have twothird parts of the said one-fourth, and the other shall have the remaining third part ; but if the number of flag officers be more than two, the chief shall have only one half, and the other half shall be equally divided...
Page 186 - ... pounds for the forbearance of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter time...
Page 83 - J. I am of opinion that the defendant is entitled to the judgment of the Court on the demurrer to the second replication to the fourth plea.
Page 422 - Now who can say, that no risk was run, during the five months' stay at Genoa, or no damage happened in that period ? The policy is founded on misrepresentation : the ship is insured " at and from Genoa, to Dublin ; the adventure to " begin from the loading, to equip for this voyage.
Page 418 - ... that all the ports and places of France and her allies, or of any other country at war with his majesty, and all other ports or places in Europe, from which, although not at war with his majesty, the British flag is excluded, and all ports or places in the colonies belonging to his majesty's enemies, shall from henceforth, be...
Page 12 - Part, and the other shall have the remaining Third Part; but if the Number of Flag Officers be more than Two, the Chief shall have only One Half, and the other Half shall be equally divided amongst the other Flag Officers...