A Treatise of the Law Relative to Merchant Ships and SeamenShaw, 1856 - 544 pages |
From inside the book
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Page 7
... owner , to sell the ship in such a case , still it was necessary that the forms prescribed by the Register Acts should be complied with ; and nothing of this sort having been done , the original owner succeeded in his action against the ...
... owner , to sell the ship in such a case , still it was necessary that the forms prescribed by the Register Acts should be complied with ; and nothing of this sort having been done , the original owner succeeded in his action against the ...
Page 14
... owner lives ( v ) . * What circumstances of distress or damage will constitute such a ( 1 ) Per Mr. Justice Bayley , in Gardiner v . Salvador . ( 2 ) Young v . Turing , 2 Scott , N. R. 752. Cazalet v . St. Barbe , 1 T. R. 187. Valin ...
... owner lives ( v ) . * What circumstances of distress or damage will constitute such a ( 1 ) Per Mr. Justice Bayley , in Gardiner v . Salvador . ( 2 ) Young v . Turing , 2 Scott , N. R. 752. Cazalet v . St. Barbe , 1 T. R. 187. Valin ...
Page 22
... owner with proof of his property , but also enable him to dispose of it when the ship is at sea , or in a foreign port . When a ship is here in the country of its owner , and a delivery of actual pos- session is possible , such delivery ...
... owner with proof of his property , but also enable him to dispose of it when the ship is at sea , or in a foreign port . When a ship is here in the country of its owner , and a delivery of actual pos- session is possible , such delivery ...
Page 24
... owner was liable for such repairs . Suppose a pirate ran away with a ship , would the owner be liable for repairs ordered by him ? Now here the captain by the order of the purchaser , who was a mere stranger to these defendants in point ...
... owner was liable for such repairs . Suppose a pirate ran away with a ship , would the owner be liable for repairs ordered by him ? Now here the captain by the order of the purchaser , who was a mere stranger to these defendants in point ...
Page 25
... owner of a ship , let her by charter - party for a given number of voyages , at a certain rent , to Walker , who was ... owners CHAP . I. ] 25 Owners of Ships . of Ships.
... owner of a ship , let her by charter - party for a given number of voyages , at a certain rent , to Walker , who was ... owners CHAP . I. ] 25 Owners of Ships . of Ships.
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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.