Publisher's Synopsis
Excerpt from Reports of Cases Argued and Determined in the High Court of Admiralty, Vol. 4: Commencing With the Judgments of the Right Hon. Sir William Scott, Michaelmas Term 1798
Two circumstances are required to give the due effect to a licence: first, That the intention of the grantor shall be pursued; and secondly, That there shall be an entire bonafides on the part of the user. It has been contended, that the latter alone should be sufiicient, and that a construction of thegrant merely erroneous, should not prejudice. 'this is, I think, laid down too loosely. It seems absolutely essential, that that only shall be'done which the grantor intended to permit; whatever he did not mean to permit is absblutely interdicted, and the party who uses the licence engages not only for fair intention, but for an accurate interpretation and execution; when I say an accurate interpreta tion and execution, I do not mean to exclude such alatitude, as may be supposed to conform to the intentions of the grantor, liberally understood.
The prescht licence was first granted in 1799, for three months: At that time, as it stood, when coming out of the hands of the Sovereign of this Count1 y, and countersigned by the Secretary of State, it was aperiectly good licence, for the arti cles enumerated, and t01 the time therein specified. But I find a difficulty m holding that a licence so grantedis a good licence fo1 an importation in 1801.
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