A Treatise on the Law of Merchant Shipping |
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Page 81
... master , simply demand the certificate , the master is not liable to be convicted under this section , for refusing to give it up , he continuing master , and his vessel undischarged , at the time . * Improper deten- tion of the certi ...
... master , simply demand the certificate , the master is not liable to be convicted under this section , for refusing to give it up , he continuing master , and his vessel undischarged , at the time . * Improper deten- tion of the certi ...
Page 103
... master , merely because they are owners , or appear on the register as such or hold themselves out as owners , and are in possession of the ship at the time of the contract ; or because the contract is made by the registered master ...
... master , merely because they are owners , or appear on the register as such or hold themselves out as owners , and are in possession of the ship at the time of the contract ; or because the contract is made by the registered master ...
Page 121
... master's authority to contract on the owners ' behalf with regard to such employ- ment of the ship , and thereby to bind them to performance . It is true that the master also is answerable on his own contract ; for , in favour of ...
... master's authority to contract on the owners ' behalf with regard to such employ- ment of the ship , and thereby to bind them to performance . It is true that the master also is answerable on his own contract ; for , in favour of ...
Page 122
... master . But in pursuing this remedy , care must be taken to describe the defendant according to his real character . For in an action at law , ' brought against a person as master , at the trial whereof it appeared upon the proof that ...
... master . But in pursuing this remedy , care must be taken to describe the defendant according to his real character . For in an action at law , ' brought against a person as master , at the trial whereof it appeared upon the proof that ...
Page 124
... master make a contract without their consent , the owners may annul it , and make another by their own authority . But the master himself will be answerable for the non - perform- ance of it . This doctrine is also adopted by his ...
... master make a contract without their consent , the owners may annul it , and make another by their own authority . But the master himself will be answerable for the non - perform- ance of it . This doctrine is also adopted by his ...
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Treatise on the Law of Merchant Shipping (Classic Reprint) David Maclachlan No preview available - 2016 |
Common terms and phrases
18 Vict action Admiralty Court affreightment afterwards agent amount appears authority bill of lading Bing blockade bond bottomry bound British ship broker cargo certificate certificate of registry charter-party charterer circumstances claim Code common law Consolato contract Court of Admiralty court of equity crew damage declaration delivery discharge Dods duty East Emerigon entitled evidence Exch foreign freight freighter French Hagg held Ibid indorsed jurisdiction justice L. J. Ch L. J. Ex liable lien Lord Ellenborough Lord Stowell loss Lushington Margaret Mitchell maritime law master Merchant Shipping Act mortgage navire notwithstanding Oleron Ordinance owners Pardess part-owners parties passengers payment person plaintiff port possession principle provisions purchaser purpose recover registrar registry repairs respect rule sailing salvage salvors seaman share ship's shipowner statute stipulation supra Swab Taunt thereof tion United Kingdom valid Valin vessel voyage wages
Popular passages
Page 450 - The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4.
Page 251 - On the starboard side a green light so constructed as to show an uniform and unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam...
Page 500 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 440 - 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.
Page 745 - Provisions of this or the special Act, or any Act incorporated therewith, may be according to the Forms in the Schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 592 - ... points of division, and also at the upper and lower points of the depth...
Page 16 - 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.
Page 639 - Court, to forfeit out of his wages a sum not exceeding the amount of two days' pay and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute.
Page 320 - ... 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 104 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.