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according action advance agent agreed agreement amount appears apply appointed arising arrival authority bill of lading bound breach broker brought Captain cargo carry caused charter-party charterer circumstances claim clause coals complete cargo condition considered construction contained contract Court crew custom damages defendants delay deliver delivery demurrage discharge East effect entered entitled evidence exception express fact freight freighter full and complete give given held intention L. J. Ex liable lien loading London Lord loss master meaning measurement merchant named necessary notice ordinary owner paid particular parties payable payment performance person plaintiffs port possession prevented principal proceed question ready reasonable receive reference refused Reports respect rule safe sail ship ship's shipowner shipper signed stipulation taken tion tons unless unloading usual vessel voyage weight whole
Page 165 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 560 - ... if, on such a reference, one party fails to appoint an arbitrator, either originally, or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent: Provided that the High...
Page 559 - If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any Court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings...
Page 562 - The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
Page 525 - The freight to be paid on unloading and right delivery of the cargo in cash, less one month's discount.
Page 42 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
Page 559 - If an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy...
Page 140 - ... special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case ; and of this advantage...
Page 175 - ... a full and complete cargo of , not exceeding what she can reasonably stow, and carry over and above her tackle, apparel, provisions and furniture...