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Reports of Cases in Prize; Argued and Determined in the Circuit and District Courts of the United States for the Southern District of New York, 1861-6

Reports of Cases in Prize; Argued and Determined in the Circuit and District Courts of the United States for the Southern District of New York, 1861-6


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 Excerpt: ...free from all doubt, the court would hesitate, perhaps, to admit the re-examinations. But, upon the testimony without the re-examinations, the case is not only not one free from doubt, but one clearly calling for the condemnation of both the schooner and her cargo; and the matters testified to by these witnesses upon their reexaminations are not only entirely consistent ill themselves, but are corroborated by the other testimony in the case, and by the documents and papers found on board of the schooner. The cases which were cited by the counsel for the claimants upon the point of the admissibility of depositions taken on re-examination, (The Haabet, 6 Ch. Rob., 54; The Ostsee, Spinks, part 1, 1S9; The Leucade, Id., 227; The Aline and Fanny, Spinks, part 2, 327, ) do not bear at al upon the question as to the admissibility of these re-examinations. They merely affirm the well-known principles of prize law, that affidavits of the captors are not to be admitted where, on the evidence of the persons on board of the captured vessel, there are no circumstances of suspicion in the case; that the case is, in the first instance, to be tried on evidence coming from the captured; that if, upon such evidence, no doubt arises, the property is to be restored; and that the privilege on the part of the captors of giving further proof is, in such cages, rarely granted. Within these principles, this court has endeavored, in all proper cases, to exhaust the knowledge of the persons found on board of captured vessels. Thus, in the case of The Peterhoff, pending in this court at the same timft with the present case, the deposition of Captain Jarman, the master of the captured vessel, had been taken on the 1st of April, 1863, he having intervened, as claimant, for the interest o..


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Product Details
  • ISBN-13: 9781130471595
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 360
  • Spine Width: 19 mm
  • Width: 189 mm
  • ISBN-10: 1130471594
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 644 gr


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Reports of Cases in Prize; Argued and Determined in the Circuit and District Courts of the United States for the Southern District of New York, 1861-6
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