A Treatise on the Law of Merchant Shipping |
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Page 20
... possession of the officer on board ; his possession is that of the sovereign of his country ; and it is the possession of the sovereign that gives his court jurisdiction ; therefore the prize is with- in the possession of the court . It ...
... possession of the officer on board ; his possession is that of the sovereign of his country ; and it is the possession of the sovereign that gives his court jurisdiction ; therefore the prize is with- in the possession of the court . It ...
Page 28
... possession , ' if such persons , while they are owners , continue resident within Her Majesty's dominions , or are members of a British factory , or partners in a house actually carrying on business in some place within Her Majesty's ...
... possession , ' if such persons , while they are owners , continue resident within Her Majesty's dominions , or are members of a British factory , or partners in a house actually carrying on business in some place within Her Majesty's ...
Page 58
... possession , and complete confidence in the power of public law to enable the creditor at the proper time to assert that dominion with effect , could never have been the invention of a rude age . Accordingly , we know from the history ...
... possession , and complete confidence in the power of public law to enable the creditor at the proper time to assert that dominion with effect , could never have been the invention of a rude age . Accordingly , we know from the history ...
Page 61
... possession of the debtor himself , and did not enable the cre- ditor to follow the property into the hands of a third person . The Code Civile , art . 2119 , 2279 , whilst declaring that moveables may not be followed . by a ...
... possession of the debtor himself , and did not enable the cre- ditor to follow the property into the hands of a third person . The Code Civile , art . 2119 , 2279 , whilst declaring that moveables may not be followed . by a ...
Page 62
... possession is presumptive evidence of title to moveables , adds that the pro- visions of the Code Civile do not apply to ships . M. Pardessus , in a note to the Ordonnance d'Août , 1681 , liv . ii . , t . 10 , says , -L'édit de 1666 ...
... possession is presumptive evidence of title to moveables , adds that the pro- visions of the Code Civile do not apply to ships . M. Pardessus , in a note to the Ordonnance d'Août , 1681 , liv . ii . , t . 10 , says , -L'édit de 1666 ...
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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.