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1827 Feb.27
Const. Code Ch. IX
§.17
Supplement
Branch of the Admiralty Note to p. 76 of the M.
[purposed p] Though the application of the individual case is confined
to England, the example is too instructive to
democratic governments to pass unnoticed here.
From the earliest times before Parliaments
were established Kings had with the heads of their instruments in the of Judges ass to themselves the property
of goods captured in Naval warfare. In the reign of George
the second by Statute 13 G.2 the body was transferred
from the King to the captor
were established Monarchs as sole rulers had taken
taken to themselves as of course all booty power taken in naval
warfare. Ao 1664 1665-6 March 6 by Order of Council
Charles the second a distribution of the proceeds between
himself and his Brother the Duke of York then Lord High
Admiral giving to the Lord High Admiral all Ships taken
under certain circumstances. In speaking of the
cases so perceived the words so before any declaration of war or
reprisals by his Majesty.+ do belong to his Majesty
were inserted. Ao 1744 comes an Act of Parliament
13 G.2.c. 34.§.1 giving to the captors (describing describing them) + Brownes Civil Law
II.57.
"His sole property and interest in" the things in question
(describing them): to be divided" in in such
"proportions as shall be ordered by his Majesty his
"Heirs and Successors". [1] With this Statute staring staring him in
the face. come the Judge of the in the George the
third being on the throne, age stands the Judge of the appropriate [+] Prizes from principally Species
prizes to the a
of 17 millions starting
having been taken without
declarationtion
George the third then
being on the throne
Indicatory, repeats of his own authority the Act of Parliament
to the extent of this case, with no other warrant than
the above Order of the King alone, and the words "Drts up
"Admiralty". How What? (says a foreigner) and can it be
that Parliament suffered its authority to be thus compromised brought
, and the whole Having to be thus cheated?
Identifier: | JB/034/316/001 "JB/" can not be assigned to a declared number type with value 34.
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jeremy bentham |
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admiral pavel chichagov |
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