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Prize Money Division Acts.
gets liberal : Ellenborogh, by strict do
Legislation via , would dry up both sources of power.
Edwards 2. 116 11th July 1908. The Pensamento Felix
Sir W. Scott. "I think I am not guilty of any violent
straining of the principle in pronouncing this a
military service, and consequently that the parties
under the Act are entitled to a salvage of an eighth."
Edwards 2. 128. 21 July 1819. The Fanny and Elmira.
Sir W. Scott. ... although I do not know that such
a power is given to the master by the general maritime
law, yet feeling its expediency, this Court would
strain hard to support the title of the purchaser."
The passage begins thus
There is a very convenient passage which obtains in
the Courts of Vice Admiralty in the East Indies, where,
the fact of distress being proved the transaction is not left to
the master, but a sale is order under the superintendance
of the Court itself. The legal validity of such transfers has,
however, been contested in the Courts of this country and they
were not held to be good; though the learned Lord, who
presided in the Court where that decision took place,
might perhaps incline to consider it as a defect in the
law of this country, that a practice so conducive to the
public utility could not legally be maintained. In a case
of that description, I say, strongly put, where there was no
ground for suspicion, although I do not know that such
a power is given to the master by the general maritime
law, yet feeling its expediency, this Court would strain
hard to support the title of the purchaser.
Identifier: | JB/547/176/001 "JB/" can not be assigned to a declared number type with value 547.
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Prizes. Many-Division Acts |
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[[penner::[?]; Jeremy Bentham]] |
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