A Treatise of the Law Relative to Merchant Ships and SeamenShaw, 1856 - 544 pages |
From inside the book
Results 1-5 of 100
Page 7
... Court being of opinion that the sale could not be sustained under the authority of the Vice - Admiralty Court , it became material to consider whether it could be sustained as a sale by the authority of the master . The Court appear to ...
... Court being of opinion that the sale could not be sustained under the authority of the Vice - Admiralty Court , it became material to consider whether it could be sustained as a sale by the authority of the master . The Court appear to ...
Page 10
... Court of Common Pleas held that the master was justified in making the sale ( j ) ; but the case being afterwards brought by writ of error before the Court of King's Bench , that Court called on the Counsel for the defendants in error ...
... Court of Common Pleas held that the master was justified in making the sale ( j ) ; but the case being afterwards brought by writ of error before the Court of King's Bench , that Court called on the Counsel for the defendants in error ...
Page 15
... Court of Exchequer , in a late case ( 2 ) , " has , by virtue of his employment , not merely those powers which are necessary for the navigation of the ship , and the conduct of the adventure to a safe termination , but also a power ...
... Court of Exchequer , in a late case ( 2 ) , " has , by virtue of his employment , not merely those powers which are necessary for the navigation of the ship , and the conduct of the adventure to a safe termination , but also a power ...
Page 18
... Court . Yet in this case also , the Court of King's Bench decided , that the Vice - Admiralty Courts abroad have no authority to decree , upon the mere petition of the master , the sale of a ship reported upon survey to be unseaworthy ...
... Court . Yet in this case also , the Court of King's Bench decided , that the Vice - Admiralty Courts abroad have no authority to decree , upon the mere petition of the master , the sale of a ship reported upon survey to be unseaworthy ...
Page 19
... Court of Admiralty , affirmed afterwards upon appeal to the delegates ( p ) ; and upon the ground , that a legal sentence of condemnation cannot , according to the law of nations , be pronounced by a consul or minister of the ...
... Court of Admiralty , affirmed afterwards upon appeal to the delegates ( p ) ; and upon the ground , that a legal sentence of condemnation cannot , according to the law of nations , be pronounced by a consul or minister of the ...
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Common terms and phrases
action aforesaid agent agreement amount appointed arrival authority barratry bill of lading Board of Trade boat bottomry British ship Campb cargo certificate of registry charter-party charterer claim consignee consignor consular officer contract convoy Court of Admiralty covenant crew damage deck declaration defendant delivered delivery demurrage discharge duty endorsed entitled expenses foreign freight freighter French ordinance Hagg herein-before hypothecation incur a penalty Justice liable lien lighthouse London Lord Lord Ellenborough Lord Stowell Lord Tenterden loss Majesty's mariners master or owner mate mortgage offence officer of customs Oleron paid part-owners parties passengers payable payment penalty not exceeding person pilotage plaintiff port possession pounds proceeding provisions received registered registrar repairs respect rule sail salvage seaman or apprentice seamen ship's shipowner shipping master statute thereof tion tonnage Trinity House United Kingdom Valin vessel voyage wages
Popular passages
Page 435 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 146 - An Act to amend an Act of the Twentieth Year of his Majesty King George the Second, for the Relief and Support of sick, maimed, and disabled Seamen, and the Widows and Children of such as shall be killed, slain, or drowned in the Merchant Service, and for other Purposes.
Page 251 - ... goods therein mentioned shall pass upon, or by reason of such consignment or endorsement, 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 lxxxix - Kingdom shall be paid into the receipt of Her Majesty's exchequer in such manner as the treasury may direct, and shall be carried to and form part of the consolidated fund of the United Kingdom...
Page lxxxiv - ... breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of such ship...
Page 238 - ... the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not been in fact laden on board: Provided, that the master or other person so signing may exonerate himself in respect of such misrepresentation by showing that it was caused without any default on his part, and wholly by the fraud of the shipper...
Page 158 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 424 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 132 - All offences against property or person committed in or at any place, either ashore or afloat, out of Her Majesty's dominions by any master, seaman, or apprentice who at the time when the offence is committed is, or within three months previously has been, employed in any British ship...
Page 189 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.