The Maritime Law Of Europe Volume 2 PDF Download

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. 1806 edition. Excerpt: ... CHAPTER IV. OF THE RIGHTS OF BELLIGERENTS ON THE SEA, AND THEIR CONSEQUENCES. Rapture is the seizure of a vessel belonging to a real or supposed enemy, with the effects on board, either by a belligerent, or by some other person, to whom his government has given the power, with an intention to divest the owner of the property and to appropriate it to him self. (205) 2. In detaining, or seizing a vessel, there may be two objects in view; either to take and keep posses ' sion of the vessel and cargo, which is, properly speaking, a capture; or to seize the effects of an enemy, or goods contraband of war, on board a neutral and friendly ship, which is no more than a mere detention, without any design to injure the subjects of neutral and friendly powers. (205) See the definition of capture given by d'Habreu, in his work, Tratado sobre las Presas, cap. 1, 3, p. 2, &c. which Valin, in his TraitS des Prises, chap. 1, 9, considers inaccurate, though his own definition is not more exact. ART. I. Of Captures. Captures are just or unjust . 3. A capture may be just or unjust. It is unjust, when made by a pirate, a friend, or a neutral, contrary to the principles of the primitive or conventional law of nations. It is just, when it is made by an open enemy, and according to the laws of war. It is not the declaration of war alone, or the law between belligerent nations, that constitutes the justice of a capture.: the capture of a neutral and friendly vessel is also lawful, when laden with goods destined for a port besieged, or blockaded, or the access to which is publicly interdicted even to neutrals, in case of a prohibited and contraband trade, for the prohibition previously understood, gives the right to sieze and confiscate...