A Treatise of the Law Relative to Merchant Ships and SeamenShaw, 1856 - 544 pages |
From inside the book
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Page xv
... Payment of Freight ; and herein , ( Ss . ) 1. In the absence of express Stipulations , Freight is not due until the ... Payment . Of the words " on pay- ment of freight " in Bills of Lading , and of their Effect where Delivery has been ...
... Payment of Freight ; and herein , ( Ss . ) 1. In the absence of express Stipulations , Freight is not due until the ... Payment . Of the words " on pay- ment of freight " in Bills of Lading , and of their Effect where Delivery has been ...
Page 3
... payment ( g ) ; but in the case of Woods v . Russell ( h ) , it was laid down by Lord Tenterden , that if a ship be built upon a special contract , and it is part of the terms of that contract that given portions of the price shall be ...
... payment ( g ) ; but in the case of Woods v . Russell ( h ) , it was laid down by Lord Tenterden , that if a ship be built upon a special contract , and it is part of the terms of that contract that given portions of the price shall be ...
Page 102
... payment . In the words of Lord Ellenborough , " The money supplied must not be understood of an indefinite supply of cash , which the master may dissi- pate , but only such as is warranted by the exigency of the case , as for the payment ...
... payment . In the words of Lord Ellenborough , " The money supplied must not be understood of an indefinite supply of cash , which the master may dissi- pate , but only such as is warranted by the exigency of the case , as for the payment ...
Page 107
... payment ; and in such a case , in a suit in the Court of Admiralty to condemn the ship for nonpayment of the money , the Courts of Law will grant a prohibition ; and , therefore , if the owner , after money thus laid out , mortgages the ...
... payment ; and in such a case , in a suit in the Court of Admiralty to condemn the ship for nonpayment of the money , the Courts of Law will grant a prohibition ; and , therefore , if the owner , after money thus laid out , mortgages the ...
Page 110
... payment of the wages , a surplus remained in the registry of the Court . The master had returned to America and died ; and the owner was insolvent there . The merchants applied to the Court for payment of their demand out of this ...
... payment of the wages , a surplus remained in the registry of the Court . The master had returned to America and died ; and the owner was insolvent there . The merchants applied to the Court for payment of their demand out of this ...
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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.