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according achieved acting actual captors Admiralty admitted allowed already appear argument army asserted assistance association authority awarded Banda believe Bombay booty Calpee campaign chase claim claim of joint-capture claimants co-operation column command common consideration considered constructive constructive capture course Court Crown decision Delhi direct distance distinct distribution division Dodson effect enemy engaged entitled to share established exclusively fact favour field fleet force Government ground Gwalior held hope immediate important India instance interest joint joint-captor judgment justice Kirwee Kirwee prize Lord Lord Clyde Madras matter miles military naval Navy never object officer operations opinion opposite orders parties persons position precedents present principle prize Prize Agents prize-money proved question reason rebels received refer regard rendered Reports respect Rose's rule share ship sight Sir George Sir Hugh Rose soldier success sufficient taken Treasury troops vessel Whitlock whole
Page 22 - Proclamation give the benefit of prize ' to the takers/ by which term are naturally^ to be understood those who actually take possession, or those affording an actual contribution of endeavour to this event. Either of these persons are naturally included under the denomination of takers, but the courts of law have gone further, and have extended the term
Page 49 - Hardyman, appears to have been put in motion for the purpose of co-operating directly in the reduction of Nagpore, and to have been actually engaged with a corps of the enemy antecedent to the surrender of that place, this division...
Page xxiv - Successors, by the Advice of Her and Their Privy Council, to refer to the Judgment of the said Court ; and in all Matters so referred the Court shall proceed as in Cases of Prize of War, and the Judgment of the Court therein shall be binding upon all Parties concerned.
Page v - Philibert, 2 Dodson, 107. 11. The admission of a constructive (or joint) captor to share with an actual captor, is in itself an indulgent construction of the law, which must not be further extended. A ship which had joined in a previous chase with a constructive captor cannot be admitted to share as constructive joint-captor. The Financier, Cathell, 1 Dodson, 67. 12. In a claim for joint-capture with A. and В., preferred by С., С.
Page ii - That with respect to all that portion of the booty now at the disposal of the Crown which is described as having been " taken in the daily operations of the troops...
Page v - ... all cases the onus probandi lies on those setting up the construction, because they are not persons strictly within the words of the act, but let in only by the interpretation of those acting under a competent authority to interpret it. It lies with the claimants in joint capture, therefore, either to allege some cases in which their construction has been admitted in former instances, or to show some principle in their favour so clearly recognized and established as to have become almost a first...
Page 48 - That the said High Court of Admiralty shall have jurisdiction to decide all matters and questions concerning booty of war, or the distribution thereof, which it shall please her Majesty, her heirs and successors, by the advice of her and their privy council, to refer to the judgment of the said Court; and in all matters so referred the Court shall proceed as in cases of prize of war, and the judgment of the Court therein shall be binding upon all parties concerned.
Page iv - Courts of law have gone further, and have extended the term " taker" to another description of persons; to those, who not having contributed actual service, are still supposed to have rendered a constructive assistance, either by conveying encouragement to the captor, or intimidation to the enemy.