Argument on Behalf of the Government of His Britannic Majesty1905 - 57 pages |
Common terms and phrases
allegations Appendix Arab arbitration Article born boutres Britain Britannique British Consul British Counter-Case British subjects Brussels Act Cambon captain Comoro Consul at Muscat Consular contention Contre controversy Court d'une Debai Declaration of 1862 despatch deux dhow documents domicile droit de visite entitled été exterritoriality fact fait flying the French francisation French citizens French Consul French Contre-Mémoire French flag French Mémoire French papers French protection French protégé French-protected person Geoffray Grande Comore grant of French Hardinge Inclosure inquiry international law jurisdiction Laronce lettre Madagascar Majesty's Government Majunga Marquess of Salisbury Mayotte ment most-favoured-nation nakoda nationality native vessels Oman Omani originaire Ottavi PAUL CAMBON pavillon Pemba port Protectorat Protectorates protégé français qu'il question Raikes reference registered Salim Salim-bin-Seif Selamti service des Français ship Siam Signé Slave Trade statement statut personnel sujet Sultan de Mascate Sultan of Muscat Sultanate of Zanzibar Sür Süri titres Treaty of 1844 Tribunal usage vessels flying waters
Popular passages
Page 33 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his certificate of naturalisation, be deemed to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Page 46 - ... require. But if crimes are committed on board of a character to disturb the peace and tranquillity of the country to which the vessel has been brought, the offenders have never by comity or usage been entitled to any exemption from the operation of the local laws for their/ punishment, if the local tribunals see fit to assert their authority? Such being the general public law on this subject, treaties and conventions have been entered into by nations having commercial intercourse, the purpose...
Page 46 - It is part of the law of civilized nations that when a merchant vessel of one country enters the ports of another for the purposes of trade, it subjects itself to the law of the place to which it goes, unless by treaty or otherwise the two countries have come to some different understanding or agreement; for, as was said by Chief Justice Marshall in The Exchange...
Page 46 - And so by comity it came to be generally understood among civilized nations that all matters of discipline, and all things done on board, which affected only the vessel, or those belonging to her, and did not involve the peace or dignity of the country, or the tranquillity of the port, should be left by the local Government to be dealt with by the authorities of the nation to which the vessel belonged as the laws of that nation, or the interests of its commerce, should require.
Page 46 - When private individuals of one nation spread themselves through another as business or caprice may direct, mingling indiscriminately with the inhabitants of that other, or when merchant vessels enter for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the...
Page 33 - In witness whereof the Undersigned have signed the same in duplicate and have affixed thereto their seals at Bangkok, on the 29th day of November, 1899, of the Christian era, corresponding to the 1 18 th year of Ralanakosindr.
Page 32 - British natural born or naturalized subjects, other than those of Asiatic descent. (2) All children and grandchildren born in Siam of persons entitled to be registered under the first category, who are entitled to the status of British subjects in contemplation of English law. Neither great-grandchildren nor illegitimate children born in Siam of persons mentioned in the first category are entitled to be registered. (3) All persons of Asiatic descent, born within the Queen's dominions, or naturalized...
Page 32 - If any question arises as to the right of any person to hold a British certificate of registration or as to the validity of the certificate itself, a joint inquiry shall be held by the British and Siamese authorities and decided according to the conditions laid down in this Agreement, upon evidence to be adduced by the holder of the certificate, in the usual way.
Page 46 - ... of the port, should be left by the local government to be dealt with by the authorities of the nation to which the vessel belonged as the laws of that nation or the interests of its commerce should require. But if crimes are committed on board of a character to disturb the peace and...
Page 46 - Div. 63, 161, 213. As the owner has voluntarily taken his vessel for his own private purposes to a place within the dominion of a government other than his own, and from which he seeks protection during his stay, he owes that government such allegiance for the time being as is due for the protection to which he becomes entided.