Commentaries On the Law of Persons And Personal Property Being An Introduction

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Redress, if the decision be erroneous, can only be obtained by diplomacy ; and if that fail, by war. The ground of this rule is that the legal proceeding is against the tJiing captured. Its object is to establish the statiis or ownership of the thing, and the judgment of the court fixes or establishes such owner- ship. It is not intended to develop the details of prize law, but only to point out the relation of the topic to the title to personal property.
The origin of the jurisdiction was firs
...t clearly stated in Lindo V. Rodney, 1 a great case decided by Lord Mansfield, where it was shown that a prize court entertained a special jurisdiction in time of war only, conferred upon it by statute, and was a different tri- bunal from the ordinary oi " instance " court of admiralty, sitting to transact maritime legal business in time of peace. In the United States the district court has authority over both classes of cases, though the prize jurisdiction is, for the most part, dor- mant in time of peace.

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