Marshall on the Law of Marine Insurance, Bottomry, and Respondentia

Marshall on the Law of Marine Insurance, Bottomry, and Respondentia

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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. 1861 edition. Excerpt: ... yet, as the tribunals which a minister the law are wholly independent of each other, it is impossible that some diiferences shall not take place, in the manner of interpreting and administering it, in the difi'erent countries which acknowledge its authority. What--ever may have been since attempted, it was not at the period now referred to, supposed that one state could make or alter the law of nations; but it was 'udged convenient to declare certain principles of decision, partly for t e purpose of giving an uniform rule to their own courts, and partly for the purpose of apprizing neutrals what that rule was. And it was truly observed at the bar, in the course of the argument, that it has been matter of complaint against us (how justly, is another consideration), that we have no code, by which neutrals may learn how they may protect themselves against capture and condemnation. Now this court, in this case, seems to me to have well and properly understood the efi'ect of their own ordinances. They have not taken them as ositive laws, binding upon neutrals; but they refer to them, as estab ishing legitimate presum tions, from which they are warranted to draw the conclusion, whic it is necessary for them to arrive at, before they are entitled to pronounce a sentence of condemnation (d Supposing they had only stated the facts, as they are now before us, are they to be considered as so irrelevant that a court of common law would say that this sentence is repugnant to justice, and not warranted on the ground on which it has proceeded? Suposin all the circumstances of this case had been brought before a ritis court of admiralty, I think it would be questionable, whether they would have permitted further proof: the roperty, I apprehend, ...
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Product details

  • Paperback | 388 pages
  • 189 x 246 x 20mm | 689g
  • United States
  • English
  • black & white illustrations
  • 1236803221
  • 9781236803221