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 9
... commit hostilities against a certain foreign state , with which Her Majesty was not then to wit , on the day and year last aforesaid , at war , to wit , ' the Republic of the United States of America , contrary to the ' form of the ...
... commit hostilities against a certain foreign state , with which Her Majesty was not then to wit , on the day and year last aforesaid , at war , to wit , ' the Republic of the United States of America , contrary to the ' form of the ...
Page 10
... commit hostilities against ' citizens of a certain foreign state , with whom and with which ' respectively Her Majesty was not then at war . ' Throughout , the things which are charged as constituting a statutory offence are precisely ...
... commit hostilities against ' citizens of a certain foreign state , with whom and with which ' respectively Her Majesty was not then at war . ' Throughout , the things which are charged as constituting a statutory offence are precisely ...
Page 11
... commit hostilities . ' Two intents are again libelled . It is the same as the 1st and 2d counts , with a difference in the description of the foreign states . The 7th is , ' did equip the said ship or vessel , with intent and in order ...
... commit hostilities . ' Two intents are again libelled . It is the same as the 1st and 2d counts , with a difference in the description of the foreign states . The 7th is , ' did equip the said ship or vessel , with intent and in order ...
Page 12
... commit hostilities , ' inserted . That is the material difference between the 97th and 98th counts , that the store - ship is said to be employed with intent to cruise and commit hostilities . These are the material words in that charge ...
... commit hostilities , ' inserted . That is the material difference between the 97th and 98th counts , that the store - ship is said to be employed with intent to cruise and commit hostilities . These are the material words in that charge ...
Page 14
... commit hostilities ' against any prince , state , or potentate with whom his Majesty shall not be then at war . ' I have taken the word ' equip ' as the word which expresses the act , and I have thrown out the different alternatives ...
... commit hostilities ' against any prince , state , or potentate with whom his Majesty shall not be then at war . ' I have taken the word ' equip ' as the word which expresses the act , and I have thrown out the different alternatives ...
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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...