A Treatise on the Jurisdiction and Practice of the English Courts in Admiralty Actions and AppealsSweet & Maxwell, limited, 1902 - 789 pages |
From inside the book
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Page 38
... paid ( k ) . A judgment creditor of the mortgagor who has obtained his judgment subsequently to the date of the mortgage cannot take the ship , or any share thereof , in execution so as to affect the rights conveyed by the mortgage ( 1 ) ...
... paid ( k ) . A judgment creditor of the mortgagor who has obtained his judgment subsequently to the date of the mortgage cannot take the ship , or any share thereof , in execution so as to affect the rights conveyed by the mortgage ( 1 ) ...
Page 54
... paid , the bond is not to be put in suit . This rule is not inconsistent with the suggestion that the bond of bottomry is the original and primary security ; for when the expression is used that a bond is the primary , and the bill of ...
... paid , the bond is not to be put in suit . This rule is not inconsistent with the suggestion that the bond of bottomry is the original and primary security ; for when the expression is used that a bond is the primary , and the bill of ...
Page 62
... paid first . instruments must be construed by their contents alone is strictly applicable , and whatever the form of the document it must appear from its terms , by necessary inference at least , that the contract is subject to all the ...
... paid first . instruments must be construed by their contents alone is strictly applicable , and whatever the form of the document it must appear from its terms , by necessary inference at least , that the contract is subject to all the ...
Page 67
... paid amounts due for dock dues , pilotage , and towage at the port of desti- nation . In a case where a master , after the ship was sold at the suit of a bond- holder , paid wages without the consent of the bondholder and without the ...
... paid amounts due for dock dues , pilotage , and towage at the port of desti- nation . In a case where a master , after the ship was sold at the suit of a bond- holder , paid wages without the consent of the bondholder and without the ...
Page 68
... paid ; and that thereupon after the commence- ment of the action proceedings had been instituted in the Court of Admiralty for the recovery thereof ; and that the defen- dants had , in pursuance of a monition issued out of the Court , paid ...
... paid ; and that thereupon after the commence- ment of the action proceedings had been instituted in the Court of Admiralty for the recovery thereof ; and that the defen- dants had , in pursuance of a monition issued out of the Court , paid ...
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Common terms and phrases
action in rem Admiralty actions Admiralty Court Act Admiralty Division affidavit agreement amount appearance apply arrest awarded bail bottomry bond Cargo ex cause charter-party Cinque Ports circumstances claim collision common law contract costs Court having Admiralty Court of Admiralty Court of Justice crew damage defendant district registry Dods enforce entitled foreign ship given Hagg held High Court high seas hypothecation incurred judge judgment Judicature Act L. J. Adm liability London Lord Lord Stowell Lush Lushington M. S. Act maritime lien master Merchant Shipping Act mortgage necessary Order in Council owners paid parties payment person personam pilot plaintiff port possession practice proceedings proceeds recover registered respect Robert Phillimore salvage services salved salvors seaman sect ship and freight shipowner solicitor Spks statute sub-sect suit supra tion towage vessel Vict voyage wages warrant writ writ of summons
Popular passages
Page 134 - When a vessel is in distress and requires assistance from other vessels or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, viz. : — In the daytime — 1. A gun or other explosive signal fired at intervals of about a minute; 2. The International Code signal of distress indicated 16 3. The distant signal, consisting of a square flag, having either above or below it a ball or anything resembling a ball; 4.
Page 465 - Where after the commencement of this Act any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority...
Page 105 - ... to render to the other vessel, her master, crew, and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by the collision...
Page 227 - State : or (3.) Equips any ship with intent or knowledge, or having 'reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Page 416 - It shall be lawful for the court or a judge at any time during the pendency of any cause or matter, to order the production by any party thereto, upon oath, of such of the documents in his possession or power...
Page 581 - An Act to regulate the conduct of Her Majesty's Subjects during the existence of hostilities between foreign States with which Her Majesty is at peace.
Page 93 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major ; in that case the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him* in any degree.
Page 122 - ... shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 597 - ... goods, merchandise, or other things, an aggregate amount not exceedin? fifteen pounds for each ton of their ship's tonnage; and (ii.) in respect of loss of, or damage to, vessels...
Page 381 - No cause or proceeding at any time pending in the High Court of Justice, or before the Court of Appeal, shall be restrained by prohibition or injunction...