Report of Proceedings in Causa Her Majesty's Advocate V. Fleming and Others: Claiming the Vessel "Pampero," Seized Under the Foreign Enlistment Act (59 Geo. III. Cap. 69) : from the Shorthand Notes of J. Irvine Smith : with an Appendix |
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Page 11
... count is framed upon the model of the 1st , and describes the offence as an ... 98th counts , which , though they will not figure very much in any ... count charges that the claimants did attempt ' to fit out the said ship or vessel ...
... count is framed upon the model of the 1st , and describes the offence as an ... 98th counts , which , though they will not figure very much in any ... count charges that the claimants did attempt ' to fit out the said ship or vessel ...
Page 12
... 98th count is , ' did equip , furnish , and fit out , and did attempt and endeavour to equip , furnish , and fit out ... 98th counts , that the store - ship is said to be employed with intent to cruise and commit hostilities . These are ...
... 98th count is , ' did equip , furnish , and fit out , and did attempt and endeavour to equip , furnish , and fit out ... 98th counts , that the store - ship is said to be employed with intent to cruise and commit hostilities . These are ...
Page 23
... counts in this Information except the 97th and 98th . Now these are questions which are raised , I think , on the face of this Information , and being so raised , they are susceptible of immediate judgment by your Lordship . My ...
... counts in this Information except the 97th and 98th . Now these are questions which are raised , I think , on the face of this Information , and being so raised , they are susceptible of immediate judgment by your Lordship . My ...
Page 26
... 98th count , which I think is very objectionable . It brings out the objection as to the 1st very promi- nently ... count as against the same party ; they could not be so in an indictment ; they would form alternative charges under the ...
... 98th count , which I think is very objectionable . It brings out the objection as to the 1st very promi- nently ... count as against the same party ; they could not be so in an indictment ; they would form alternative charges under the ...
Page 27
... 98th is a bad one . I think the 97th is the only good one , which charges ... counts ? I think it is a relevant argument , but I would not Mr. Clark ... counts are all and each of them bad in law . Lord Ormidale . - Did you ever see such ...
... 98th is a bad one . I think the 97th is the only good one , which charges ... counts ? I think it is a relevant argument , but I would not Mr. Clark ... counts are all and each of them bad in law . Lord Ormidale . - Did you ever see such ...
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Common terms and phrases
1st count 3d count 7th section 96 counts 98th count aforesaid Alexander Collie Alexandra apply argument ask your Lordship belligerent power charge Chief Baron Clark Clark.-I clause commit hostilities Confederate construction course Court of Exchequer Court of Session criminal Crown cruise and commit cruise or commit cruiser defenders diligence documents employment entitled equip a ship evidence Foreign Enlistment Act foreign power foreign prince furnish Glasgow haver indictment Information intent to cruise interlocutor James Galbraith Jury learned friend Lord Advocate Lord Advocate.-I Lord Ordinary Lord Ormidale.-I Lord President.-I Majesty matter meaning ment misdemeanour motion objection opinion Pampero parties Paterson person plea port proved purpose raised reference remedy seizure ship or vessel ship with intent Solicitor-General Solicitor-General.-I Statute statutory intent statutory offence thing tion transport or store-ship transport-ship United Kingdom verdict vessel with intent warlike word arm words equip words with intent
Popular passages
Page 276 - States shall then be at peace with such belligerent. ) 8. Fitting out and arming, or attempting to fit out and arm, or procuring to be fitted out and armed, or knowingly being concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of either of the said belligerents.
Page 17 - ... in the service of any foreign prince or state, or of any colony, district, or people...
Page 94 - That if any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed...
Page 273 - ... fine and imprisonment, or either of them, at the discretion of the Court in which such offender shall be convicted...
Page 265 - America, contrary to the form of the statute in such case made and provided, whereby and by force of the statute in that case made and provided the said ship or vessel, together with her tackle, apparel, and furniture, and the articles aforesaid, became and was forfeited.
Page 277 - Majesty for that purpose first had and obtained as aforesaid, shall, by adding to the number of the guns of such vessel, or by changing those on board for other guns, or by the addition of any equipment for war...
Page 17 - ... or property of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States...
Page 277 - Dominions, was a ship of war, cruiser, or armed vessel in the service of any foreign prince, State, or potentate or of any person or persons exercising or assuming to exercise any powers of government...
Page 194 - • that if any Person, within any Part of the United Kingdom, or in any Part of His Majesty's Dominions beyond the seas, shall, without the leave and licence of His Majesty for that purpose first had and obtained, as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip.
Page 276 - War ; or shall, within the United Kingdom, or any of His Majesty's Dominions, or in any Settlement, Colony, Territory, Island, or Place belonging or subject to His Majesty, issue or deliver any Commission for any Ship or Vessel, to the Intent that such Ship or Vessel shall be employed as aforesaid...