Abridgement of the Report of the Proceedings in the Case of the Deccan Prize Money: With Supplementary Papers Collected from Various Authentic Sources

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1864 - 368 páginas
 

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Página 355 - Directions from time to time, as you shall receive from us or any other your superior Officer, according to the Rules and Discipline of War ; in pursuance of the Trust hereby reposed in You.
Página 129 - ... to another description of persons — , to those who, not having contributed actual service are still supposed to have rendered a constructive assistance either by conveying encouragement to the captor or intimidation to the enemy.
Página 300 - Lords have felt it to be inconsistent with their duty to recommend to His Majesty to give his sanction to any agreement for the common division of booty into which the several divisions of either army may have entered, as it is their decided opinion that, if the principle of actual capture be not adopted in this case as the rule of distribution, no other correct or equitable rule could have been adopted than that of a general distribution amongst the forces of all the Presidencies, engaged in the...
Página 238 - February 1823, wherein it is declared, " that Sir Thomas Hislop, as comman" der-in-chief of the Deccan army, and all the officers of the general " staff of that army, are entitled to participate in the booty which " may arise from any capture by any of the divisions of the army of " the Deccan, until the said army of the Deccan was broken up, on
Página 287 - This minute was on the 22nd of March, 1823, followed by a royal warrant under the sign manual, which, after reciting the circumstances under which the booty had been acquired and had become vested in the Crown, set forth the Treasury minute at large, and continued in these terms: "And whereas we have been graciously pleased to approve of the said minute and recommendation of our said Commissioners : and whereas it is expedient that a warrant under our royal sign manual should be issued for granting...
Página 135 - And in cases of mere constructive assistance the right of participation must be in proportion to the intimidation caused, and cannot go beyond the force actually seen by the enemy (i).
Página 334 - Ghur that the property in question was actually in that fort at the time when it was taken : in default of which proof, my Lords are of opinion that this booty also ought to be distributed among the forces of all the presidencies engaged in the combined operations of the campaign.
Página 288 - Instructions as You shall at any time receive from the Court of Directors of the said United Company of Merchants of England trading to the East Indies in Writing, or under the Hands of Thirteen or more of them or from the Governor General and Council of Our Presidency of Fort William in Bengal or from Our Presidency and Councils of Fort St. George Bombay or Fort Marlbro...
Página 133 - Rep., 778 (1898). there could be no possibility of co-operation. If the army moved ever so little into the interior with a view of concentrating its force or of taking a more advantageous position, any booty taken in such a course would be a capture, towards which scarcely any privity or communication of endeavour could subsist between the two forces, in comparison with other cases of co-operation, pointing to one particular and identical object. So on the other...
Página 286 - Majesty their recommendation, that he will be graciously pleased to direct that his royal grant of the said booty may be made in conformity with these principles ; and for the purpose of better carrying into effect his Majesty's gracious intention in this behalf, my Lords will recommend to his Majesty, that a grant be made of the said booty to trustees, to be appointed by his Majesty, for the purpose of ascertaining and collecting the said booty, and for preparing a scheme for the distribution thereof,...

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