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. 1856 edition. Excerpt: ...ents did not. involved, as where captures had been made by one belligerent crerents and" from another in ignorance that peace had been restored, or neutrals. where no belligerent rights at all were involved, as in the captures of ships engaged in the Slave Trade. The rules laid down in these cases may have an ...
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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. 1856 edition. Excerpt: ...ents did not. involved, as where captures had been made by one belligerent crerents and" from another in ignorance that peace had been restored, or neutrals. where no belligerent rights at all were involved, as in the captures of ships engaged in the Slave Trade. The rules laid down in these cases may have an indirect, but only an indirect, application to questions between belligerents and neutrals. The case of the " John " (a) was of the former class. The "John: ' There, a capture of an American vessel had been made by a British cruizer in ignorance that war between Great Britain (o) 2 Dods. 336. and America had ceased; and the prize having been lost by unavoidable accident, the captor was called upon for restitution. The case was one which, as the learned Judge intimates, might be provided for by the Treaty of Peace between the two nations, and on which, as between them, there might or might not be a claim against the British Government according to its terms, and according as the British Government had or had not taken due means for giving notice of the peace to its officer; and he lays it down that the officer, being under invincible ignorance, and being in possession bond fide, was not responsible for the loss which had occurred. In another case of the same kind, the " Mentor " (a), Lord Stowell seems to have thought that when an act of mischief was done by the King's officers, though through ignorance, it would not necessarily follow that they would be protected from civil responsibility, but that the party injured might resort to a Court of Prize, and that the officer must look to his own Government for reimbursement. Whether all the doctrines laid down in these two cases are quite consistent with each other...
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