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 3
... charge the Jury to the effect of the pleas then to be maintained . It was re- solved , in the first place , to allow the Crown to make an incidental correction of the Information , and to allow the defenders to lodge a Minute of denial ...
... charge the Jury to the effect of the pleas then to be maintained . It was re- solved , in the first place , to allow the Crown to make an incidental correction of the Information , and to allow the defenders to lodge a Minute of denial ...
Page 9
... charges a full state- ment of the whole of the different charges which are made in this Information , and the Abstract explains the differences in the dif- ferent charges , I mean , other than the eight . The first count makes this charge ...
... charges a full state- ment of the whole of the different charges which are made in this Information , and the Abstract explains the differences in the dif- ferent charges , I mean , other than the eight . The first count makes this charge ...
Page 10
... charged in the 1st and 2d counts is omitted in the charge of the offence in the 3d count , leaving the 3d count stating the offence as consisting only of equipping the vessel with intent to cruise and commit hostilities . I need not go ...
... charged in the 1st and 2d counts is omitted in the charge of the offence in the 3d count , leaving the 3d count stating the offence as consisting only of equipping the vessel with intent to cruise and commit hostilities . I need not go ...
Page 11
... charges made against the defenders : -1st , there is the charge , of which the 1st count may be taken as an example , of the equipment of a vessel with the two intents - with the intent that it should be employed in the service of a ...
... charges made against the defenders : -1st , there is the charge , of which the 1st count may be taken as an example , of the equipment of a vessel with the two intents - with the intent that it should be employed in the service of a ...
Page 12
... charged in one charge , somewhat contrary to our notions of what would form a proper charge , because the same persons who are charged with actually fitting , furnishing , and equipping , are charged with attempting and endeavouring to ...
... charged in one charge , somewhat contrary to our notions of what would form a proper charge , because the same persons who are charged with actually fitting , furnishing , and equipping , are charged with attempting and endeavouring to ...
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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...