A Treatise on the Law of Shipping and the Law and Practice of Admiralty, Volume 2Little, Brown, 1869 - Admiralty |
From inside the book
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Page 8
... sufficient necessity ; 2 but no necessity can be sufficient if the owner were so near that the master was not obliged to act without his instructions . And if a master is specially empowered to sell a vessel in a particular man- ner ...
... sufficient necessity ; 2 but no necessity can be sufficient if the owner were so near that the master was not obliged to act without his instructions . And if a master is specially empowered to sell a vessel in a particular man- ner ...
Page 10
... sufficient that the master acted with the privity of the owner unless he was his agent . Mitcheson v . Oliver , 5 Ellis & B. 419 , 32 Eng . L. & Eq . 219. And in Jordan v . Young , 37 Maine , 276 , it was held , that the master of a ...
... sufficient that the master acted with the privity of the owner unless he was his agent . Mitcheson v . Oliver , 5 Ellis & B. 419 , 32 Eng . L. & Eq . 219. And in Jordan v . Young , 37 Maine , 276 , it was held , that the master of a ...
Page 11
... sufficient action , gives him more power or holds him out as possessing it.3 The master has no power , as agent of the owner , to settle , or deal with any claims or questions that do not accrue or arise while he is master . If the ...
... sufficient action , gives him more power or holds him out as possessing it.3 The master has no power , as agent of the owner , to settle , or deal with any claims or questions that do not accrue or arise while he is master . If the ...
Page 23
... sufficient necessity , for the best interests of all concerned , and with reasonable discretion , his acts will be valid . But it is not enough that he acts bond fide if no actual necessity existed . And although the beneficial effect ...
... sufficient necessity , for the best interests of all concerned , and with reasonable discretion , his acts will be valid . But it is not enough that he acts bond fide if no actual necessity existed . And although the beneficial effect ...
Page 28
... sufficient notice to put him on his guard.2 The owners of a privateer are responsible for the torts of the officers and crew committed in the exercise of their employ- ment , but they are not liable for piratical acts committed by such ...
... sufficient notice to put him on his guard.2 The owners of a privateer are responsible for the torts of the officers and crew committed in the exercise of their employ- ment , but they are not liable for piratical acts committed by such ...
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Common terms and phrases
Abbott action admiralty court Admiralty Rule affreightment aforesaid agent allowed amount appear authority Blatchf boat bottomry Brig capture cargo cause certificate charter-party circuit court claim collector collision common law compensation consul contract court held court of admiralty courts of equity Cranch crew Curtis damages decree defendant discharge district court duty entitled foreign port forfeit freight furnished further enacted Gallis garnishee Hagg judge jurisdiction Justice Story Law Rep liable libel license lien mariner maritime maritime law Mason master navigation Newb officer Olcott owner paid party passengers person personam pilot prize proceedings proceeds recover rendered repairs salvage service salvors Schooner seamen ship or vessel Spinks Sprague statute Steamboat steamer stipulation suit Sumner Supreme Court Swabey taken thereof tion U. S. D. C. Mass U. S. Stats United voyage wages Ware Wheat
Popular passages
Page 436 - that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 437 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 216 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favor of such their validity...
Page 571 - An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same.
Page 650 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Page 574 - That if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting any bill or note in imitation of or purporting to be...
Page 751 - In all suits on bottomry bonds, properly so called, the suit shall be in rem only against the property hypothecated, or the proceeds of the property, in whosesoever hands the same may be found, unless the master has, without authority, given the bottomry bond, or by his fraud or misconduct has avoided the same, or has subtracted the property, or unless the owner has, by his own misconduct or wrong, lost or subtracted the property, in which latter cases the suit may be in personam against the wrongdoer.
Page 391 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 522 - Vessels built within the United States and belonging wholly to citizens thereof; and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States...
Page 758 - In all suits in personam, where a simple warrant of arrest issues and is executed, bail shall be taken by the marshal and the court in those cases only in which it is required by the laws of the state where an arrest is made on similar or analogous process Issuing from the state court.