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A Treatise on the Law Relative to Merchant Ships and Seamen: In Four Parts ...
Sin vista previa disponible - 2018
according action agent agreement allowed amount appear applied arrival authority average belonging bill of lading bound British brought cargo carried cause certificate charge charter-party charterer circumstances claim common Company considered consignee contract Court of Admiralty crew damage decided decision defendant delivered delivery direct discharge duty East effect employed entitled evidence expense express fact foreign freight give given held intention interest Judge judgment Justice liable lien London Lord loss mariners master means merchant mortgage necessary notice obtained officer opinion owner paid part-owner particular parties payment performance person plaintiff port possession prevent proceed provisions question reason received recover registered registry repairs respect rule sail salvage seamen Sect share ship ship's statute taken Trade unless vessel Vict voyage wages whole
Página xlii - 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; and all penalties recovered in any British possession shall be paid over into the public treasury of such possession, and form part of the public revenue thereof.
Página 583 - Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look.out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Página xvii - And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British consular officer, to...
Página 209 - 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.
Página 636 - ... inside breadths, namely, one at each end and the other at the middle of the length; then to the sum of the end breadths add four times the middle breadth, and multiply the whole sum by one-third of the common interval between the breadths; the product will give the mean horizontal area of such space; then measure the mean height, and...
Página 285 - ... 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.
Página 271 - ... 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...
Página ci - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Página 294 - 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.
Página 308 - ... that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done. It might admit of a different construction if he could show, not only that the same loss might have happened, but that it must have happened if the act complained of had not been done ; but there is no evidence to that extent in the present case.