 | Great Britain. High Court of Admiralty, Christopher Robinson - 1806 - 458 pages
...Portugal. When the fact is established, it overrules every other consideration. The capture is done »way ; the property must be restored, notwithstanding that it may actually belong to the enemy ; and if the captor should appear to have erred wilfully, and not merely through ignorance, he would... | |
 | Friedrich Johann Jacobsen - 1818 - 690 pages
...observed : " The sanctity of a claim of territory is undoubtedly very high. When the fact is established, it overrules every other consideration. The capture...notwithstanding that it may actually belong to the enemy. It is to be remembered, however, that it is a point on which foreign states are extremely liable to... | |
 | James Kent - 1832 - 590 pages
...authority, in another case, depending on a claim of territory,1 " that when the fact is established, it overrules every other consideration. The capture...notwithstanding that it may actually belong to the enemy." A neutral has no right to inquire into the validity of a capture, except in cases in which the rights... | |
 | Henry Wheaton - 1836 - 420 pages
...ensue to the neutral. There is, then, no exception to the rule, that every voluntary entrance into neutral territory, with hostile purposes, is absolutely...notwithstanding that it may actually belong to the enemy."10 § 8. Though it is the duty of the captor's country to make resthe 'ground *'tut'on °f tne... | |
 | Henry Wheaton - 1836 - 660 pages
...ensue to the neutral. There is, then, no exception to the rule, that every voluntary entrance into neutral territory, with hostile purposes, is absolutely...capture is done away ; " the property must be restored, notwithstand" ing that it may actually belong to the " enemy."10 ... ;><"•<*•. ,«.-i» • «... | |
 | Henry Wheaton - 1836 - 410 pages
...ensue to the neutral. There is, then, no exception to the 1 rule, that every voluntary entrance into neutral territory* with hostile purposes, is absolutely...unlawful. " When the fact is established," says Sir W. Scolt,"it overrules every other consideration. The capture is done away ; the property must be restored,... | |
 | Théodore Ortolan - 1845 - 980 pages
...exception to the rule, Ihat every vOluntary entrance into neutral terriiory, with hostile purposes, ,absolutely unlawful. » When the fact is established,...overrules every other consideration. The capture is « donc away; the property must be restored, notwithstauding « that it may actually belong to the... | |
 | William Tarn Pritchard - 1847 - 804 pages
...C. Rob. 15. 161. 17. If the capture were really made within neutral territory, it is a nullity, and the property must be restored notwithstanding that it may actually belong to the enemy ; and if the captor should appear to have acted wilfully, and not merely through ignorance, he will... | |
 | 1848 - 470 pages
...distance from the shore.1 The sanctity of a neutral territory is very high. When the fact is established it overrules every other consideration. The capture...away ; the property must be restored, notwithstanding it may actually belong to the enemy ; and if the captors should appear to have erred wilfully, and... | |
 | James Kent - 1851 - 706 pages
...authority, in another case, depending on a claim of territory,* "that when the tact is established, it overrules every other consideration. The capture...away ; the property must be restored, notwithstanding it may actually belong to the enemy." rrircs A neutral has no right to inquire into the validity of... | |
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When the fact is established it overrules every other consideration. The capture is done away, the property must be restored notwithstanding that it may actually belong to the enemy... 
