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action actual administration admitted allowed American appears apply authority belonging bill bound Britain British capture cargo carry cause character circuit court circumstances citizen claim claimants common condemnation confiscation congress consequence considered consignee contended continued contract decided decree defendant delivered direct district doctrine effect enemy England entitled evidence execution executor exist express fact follows forfeiture Frances further give given granted ground hostile importance instructions intention interest issue John judgment land letter liable license limitations loss March master means nature necessary neutral object opinion orders in council original owner parties person plaintiff port possession present principle prize proof protection prove provisions purchased question reason received remain residence respect rule sailed ship statute supposed taken tion trade United vessel vested voyage whole writ
Page 267 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 267 - That where any revenue officer, or other person hereafter becoming indebted to the United States by bond or otherwise, shall become insolvent, or where the estate of any deceased debtor in the hands of executors or administrators shall be insufficient to pay all the debts due from the deceased, the debt due to the United States shall be first satisfied...
Page 72 - That war gives to the sovereign full right to take the persons and confiscate the property of the enemy, wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but, can not impair the right itself.
Page 76 - ... shall be done with enemy property in our country, is a question rather of policy than of law. The rule which we' apply to the property of our enemy, will be applied by him to the property of our citizens. Like all other questions of policy, it is proper for the consideration of a department which can modify it at will; not for the consideration of a department which can pursue only the law as it is written. It is proper for the consideration of the legislature, not of the executive or judiciary.
Page 157 - It is always to be remembered that the native character easily reverts, and that it requires fewer circumstances to constitute domicil in the case of a native subject than to impress the national character on one who is originally of another country.
Page 261 - States, and the instructions which shall be given them according to law, for the regulation of their conduct; and will satisfy all damages and injuries which shall be done or committed contrary to the tenor thereof, by such vessel, during her commission, and to deliver up the same when revoked by the President of the Confederate States.
Page 74 - And be it further enacted, that the President of the United States be, and he is hereby authorized to give, at any time within six months after the passage 'of this act', passports for the safe transportation of any ship or other property belonging to British subjects, and which is now within the limits of the United States.
Page 74 - The modern rule, then, would seem to be, that tangible property belonging to an enemy and found in the country at the commencement of Brown v. United States. war, ought not to be immediately confiscated ; and in almost every commercial treaty, an article is inserted stipulating for the right to withdraw such property. This rule appears to be totally incompatible with the idea, that war does of itself vest the property in the belligerent government.
Page 39 - And the depositions so taken shall be retained by such magistrate, until he deliver the same with his own hand into the court for which they are taken, or shall, together with a certificate of the reasons as aforesaid, of their being taken, and of the notice, if any given, to the adverse party, be by him, the said magistrate, sealed up and directed to such court, and remain under his seal until opened in court.
Page 298 - But where the general owner retains the possession, command, and navigation of the ship, and contracts to carry a cargo on freight for the voyage, the charter party is considered as a mere affreightment sounding in covenant, and the freighter is not clothed with the character or legal responsibility of ownership.