253
where the Vessel wither "unlawfully enter or trade a Port other than covices along Itreaty. " clandestine the coasts of China. The words "unlawfully enter or trade" have other signification than that of entering with the intents for the purpose of trading in violation of the Treaty.
But even had the word "unlawfully" been omitted from the clause, the circumstance of being driven into a Port by stress of weather, fear of Pirates &c: forbidden "vis major" such would not in my opinion subject the vessel to confiscation.
As the exception of "vis major" must be implied in accordance with the ordinary Rules of construction applicable to the clause, the spirit of which is clearly to prevent British Vessels from resorting to the forbidden Ports for trading purposes. I may mention that it does not clearly appear that the "Prince Albert" entered Port at all. She anchored few miles up the River under the Protection of some batteries and as for carrying clandestine trade along the coast there is not a...
253
where the Vopsel wither" "unlawfully.
entów
Pert or
trade
کریں
a Pert other than
cavices
along
Itreaty.
" clandestine
the coasts of
China. The words" unlawfully
enter
کری
tarc
have
200
other
signification
than that of entering with the intents for the purpose of trading in violation of the Treaty
But even
had the word
unlawfully been omitted from
the clause, the circumstance of
being driven into a
Fort by
خوب
forbidden
"vis major" such
stress of wonther, fear of Pirates
&o:
would not in my opinion. subject the vessel to confiscation
as
the exception of "wis major must be implied in accordance with the ordinary Mules of construction applicable to the clause, the spirit of which
#
is clearly to prevent Séritish tefails from "resorting to the forbidden Ports for brading purposes . I may mention that it does not clearly appear
that
th
the Prince Albert" entered PPort at all. She anchored
the Protection.
any.
EX
few miles up the River under
of some batteries and as for carrying clandestone trade along
at.
the coast there is not a
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