English Law on the High Seas and Beyond the Realm

English Law on the High Seas and Beyond the Realm

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...jurisdiction over a foreigner on a foreign ship on the high seas. As I have already indicated, the question round which the greater part of the foregoing argument centres is whether there is jurisdiction over a British subject on a foreign ship on the high seas. The key to the problem lies in the meaning to be given to " high seas ." It may possibly be argued that, more especially at the time when these old statutes were passed, the only legal idea attributable to the " high seas " was the Admiral's jurisdiction upon it. In old days references to this jurisdiction were never limited, but itwas asserted broadly to extend " over all matters arising upon the high seas"; and it was not till the "F1'anc01zia" ran down the "Strathcly," that we knew what its strict limit was. But many instances have been given where " the sea " has been used as meaning nothing but the sea, and it is submitted that, unlessthe term "high seas" has 'been used at different times indiscriminately: and, when used even in modern times in contradistinction to the jurisdiction of the Admiral, has been used without meaning, it must carry with it a larger intent of jurisdiction than the term "jurisdiction of the Admiral ." And, therefore, although it is true ot say that the Admiral's jurisdiction did not extend to foreign Chapter III ships, yet the high sea jurisdiction of the Commissioners must have extended to British subjects on foreign ships. G l........ sueriiiciiiiry, This, it must be admitted, is in contradiction with much that was said by the Lord Chief ustice. Thus R. 2 Ex. " If the Admiral had not jurisdiction as to offences committed on ' M P"('9-l...show more

Product details

  • Paperback | 136 pages
  • 189 x 246 x 7mm | 254g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236852931
  • 9781236852939