Essays and Lectures Upon Some Legal Effects of WarUniversity Press, 1920 - 168 sivua |
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Sivu 18
... outbreak of war has upon aliens , we must consider what we mean by war- what in the eye of the law constitutes the condition of affairs commonly known as war . We are not concerned with the point of view of international law ; what we ...
... outbreak of war has upon aliens , we must consider what we mean by war- what in the eye of the law constitutes the condition of affairs commonly known as war . We are not concerned with the point of view of international law ; what we ...
Sivu 20
... OUTBREAK OF WAR UPON ALIENS . What then is the effect of the existence of this state of affairs on aliens ? First of all , it divides them into ( 1 ) Alien Enemies , and ( 2 ) Alien Friends , with sometimes , as in the recent war , a ...
... OUTBREAK OF WAR UPON ALIENS . What then is the effect of the existence of this state of affairs on aliens ? First of all , it divides them into ( 1 ) Alien Enemies , and ( 2 ) Alien Friends , with sometimes , as in the recent war , a ...
Sivu 21
... outbreak of war . In ancient times the rule was that their persons could be seized and their goods confiscated by any one ; they had no rights . The practice of making treaties stipulating for a right of exit to their own country has ...
... outbreak of war . In ancient times the rule was that their persons could be seized and their goods confiscated by any one ; they had no rights . The practice of making treaties stipulating for a right of exit to their own country has ...
Sivu 26
... outbreak of war sine dampno corporum et rerum until information be received of the satisfactory treat- ment of English merchants in the enemy country , in which case the enemy merchants salvi sint in terra nostra , and pre- sumably ...
... outbreak of war sine dampno corporum et rerum until information be received of the satisfactory treat- ment of English merchants in the enemy country , in which case the enemy merchants salvi sint in terra nostra , and pre- sumably ...
Sivu 33
... outbreak of war , and the plaintiff is stated ( pp . 59 and 61 ) to have resided in the United Kingdom . She had complied with the Orders in Council , and the defendant's application to stay all proceedings on the ground that she was an ...
... outbreak of war , and the plaintiff is stated ( pp . 59 and 61 ) to have resided in the United Kingdom . She had complied with the Orders in Council , and the defendant's application to stay all proceedings on the ground that she was an ...
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Essays and Lectures Upon Some Legal Effects of War Arnold Duncan McNair Baron McNair Rajoitettu esikatselu - 1920 |
Yleiset termit ja lausekkeet
9th September abrogated affreightment alien enemy allied Amendment Act apply authority Bailhache become an enemy benefit Board of Trade branch British nationality British subject c.i.f. contract Caldwell cargo carrying on business charter charter-party clause commercial domicile common law corporation Court of Appeal Daimler Co.'s decision declaration defendant discharge effect emergency legislation Enemy Acts enemy character enemy country Enemy Proclamation enemy property enemy resident enemy subject enemy territory English entitled expression firm foreign German held Home Secretary House of Lords illegal impossibility of performance intercourse judgment licence Lord Parker Lord Parmoor Lord Sumner Marine Insurance neutral countries outbreak parties payment peace plaintiff plea of alien plead port principles prisoner of war pro hac vice Proclamation of 9th prohibition provisions question regard restraint right of action ship shipowner status Steamship sued supervening impossibility supra suspension Tamplin's Thurn and Taxis tion transaction underwriters United Kingdom voyage writ
Suositut otteet
Sivu 126 - July, 1919, two Forms of Lloyd's Marine Policy be printed, namely: 'Form "A " with the following Clause inserted: ' Warranted free of any claim based upon loss of, or frustration of, the insured voyage, or adventure, caused by arrests, restraints or detainments of kings, princes or peoples.
Sivu 32 - vice discharge him from the character of an enemy; such as his coming under a flag of truce, a cartel, a pass, or some other act of public authority that puts him in the King's peace pro hoc vice; But otherwise he is totally ex lex.
Sivu 122 - September, 1914, s. 3, defines 'enemy' as (inter alia) 'any person or body of persons of whatever nationality resident or carrying on business in the enemy country....' Presumably this includes a corporation. By the Interpretation Act, 1889, the expression 'person' in an English statute passed after
Sivu 7 - to (3) inclusive, the Home Secretary when 'satisfied' that a case has arisen, 'shall.. .revoke the certificate.' In the remaining cases he must also be satisfied that 'the continuance of the certificate is not conducive to the public good.' In any case he may order an inquiry by the committee constituted by the Act, and in cases
Sivu 43 - Not to pay any sum of money to or for the benefit of an enemy,' it seems impossible to have any doubt on the point. D. Summary. Perhaps it is not too rash to attempt a summary of the present position.
Sivu 9 - a person whose name, when a minor child, was included in a certificate of British naturalization, may within one year after attaining his majority make a declaration of alienage and cease to be a British subject. It will be noted, however, that under section 14, unlike sections 5
Sivu 116 - our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God Save the King. CHAPTER VII SOME PARTICULAR CONTRACTS (continued) INSURANCE OF PROPERTY, LIFE INSURANCE, PARTNERSHIP, AND SALE OF GOODS INSURANCE OF PROPERTY. WE shall now attempt, in the brief space that can be allotted to this subject, to state the effect of war
Sivu 122 - September, 1915, and made for the purpose of removing doubts, declares that the expression 'enemy' includes 'any incorporated company or body of persons (whether incorporated) carrying on business in an enemy country or in any territory for the time being in hostile occupation.' The combined effect of these provisions appears to be that the Berlin branch of an English company is pro
Sivu 44 - that, without adopting any continental theories of 'constructive service,' the Court will, whenever reasonably possible, make an order for substituted service. (3) Bankruptcy, (a) As creditor, an alien enemy may prove for a debt, the dividend being either reserved during the war or handed over to the custodian under the Trading with the Enemy Amendment Act, 1914 (Ex parte Boussmaker)
Sivu 120 - accept from the enemy under any such Treaty or Contract any risk arising under any policy or contract of insurance (including re-insurance) made or entered into after the outbreak of war or any share in