A Treatise of the Law Relative to Merchant Ships and Seamen

Shaw and sons, 1867 - 638 sivua

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Sivu 390
... and especially as the maritime law is not the law of a particular country , but the
general law of nations : non erit alia lex Roma , alia Athenis : alia nunc , alia
posthac ; sed et apud omnes gentes et omni tempore una eademque lex
obtinebit .

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Sisältö

Page	xxxi

OF	xlix

OF THE OWNERS OF SHIPS	1

Lights for steam ships	3

Lights for steam tugs	4

Lights for sailing ships	5

Exceptional lights for small sailing vessels	6

Lights for ships at anchor	7

Of the Completion of the Voyage	330

CHAPTER VI	337

LightningFire	343

Sects Page	351

CHAPTER VIII	359

Modes of its Calculation Of an agreed Sum for the Voyage	366

When a Contract to pay Freight may be implied against	373

Whether Damaged Goods are exempt from Freight or may	379

Lights for pilot vessels	8

Lights for fishing vessels and boats	9

Of the Liabilities of Owners of Ships for Repairs done or Stores	26

The Liabilities of Owners and Charterers of Ships further	34

CHAPTER II	47

Of Certificates of Sale and Mortgage	61

Of Registry Anew and Transfer of Registry	63

Registry Miscellaneous	64

Fishery Boats Lighthouse Boats and Pleasure Yachts	65

Evidence of Affidavits Books of Registry Certificates c	66

Offence of Forging or fraudulently altering Documents making False Declarations c	70

CHAPTER III	71

case of disagreementby the Laws of Foreign States	72

Jurisdiction exercised for that object by the High Court of Admiralty in England	73

Power of one Partowner to bind the others by his Contracts Office and Authority of Ships Husband	78

Adjustment of the interests of Partowners on Bankruptcy of one of them	80

Ships Accounts how adjusted between Partowners at Law and in Equity	85

Who should be joined as Plaintiffs and Defendants	86

Extent of liability of each Partowner for Supplies and Repairs	88

Of the Board of Trade 1 Its General Functions in relation to the Mercantile Marine	90

Local Marine Boards	91

Duties of Shipping Offices established under its authority	92

CHAPTER I	93

CHAPTER II	100

CHAPTER III	107

Of Charges on the Ship in Specie Repairs done in England	116

Doctrine and Jurisdiction of the Court of Admiralty	122

Requisites to validity of Bottomry Securities	131

Sects Page	135

Extent to which Freight may be pledged	141

Regulations of Foreign Ordinances as to disposal of Ships	152

CHAPTER V	159

Sects Page	164

Provisions for preserving the health of Seamen and for their	167

Regulations for the Registration of Merchant Seamen	170

Of the General Regulations of 17 18 Vict c 104 respecting	174

What Vessels need not take a Pilot	180

Passenger Acts	190

Of the Instrument of Contract by Charterparty	196

Sects Page	204

Bills of Lading for Goods shipped under Charterparty	235

Of the Lien for Freight of the Owner of a Chartered Ship	241

Of Cases in which the Shipowners Lien for Freight has been	252

Provisions of the Merchant Shipping Act Amendment Act	260

How Demurrage is to be computed	266

How Demurrage is regulated by Usage in the absence of express	273

Sects Page	277

Of Bills of Ladingtheir form signature and effect	279

CHAPTER V	302

Of the Commencement of the Voyage	310

Of the Course of the Voyage	322

Of Freight when part of the goods only have been brought	385

When the Right to Freight commences	407

Of Stoppage in Transitu and herein	417

CHAPTER XI	452

Of Blockade of the Port of Destination	458

Recent Decisions	464

Provisions for the protection of Seamen and the preservation	475

Sects Page	478

The Time at which Payment is to be made	493

Wages and Effects of deceased Seamen	497

Of Forfeiture of Wages by Desertion	503

Forfeiture for refusing to assist the Master in defending	509

Seamens Claim for Wages is preferred in Admiralty to all other	517

OF GENERAL AVERAGE SALVAGB COLLISION AND MARITIME LIEN	521

Of Ships Expenses in a Port of Refuge	530

Of Goods sold for the necessities of Ship and Cargo	538

Remarks	548

CHAPTER II	557

Of Salvage by chartered Ship Salvage Agreements Salvage	567

Of Salvage in the United Kingdom 17 18 Vict c 104	583

Of Salvage of Ships and Merchandise found in possession	594

Trinity House Order of 30th October 1840	605

Provisions of the Merchant Shipping Act Amendment Act	611

Of the Jurisdiction exercised by the Court of Admiralty	618

Of Marshalling Assets for their Protection	624

Of the Jurisdiction exercised by the Court of Admiralty under	631

to Merchant Shipping i	i

Vict c 5 An Act to admit Foreign Ships to the Coasting 1	ccxxv

the Carriage of Passengers by Sea	ccxl

Geo 4 c 94 An Act to alter and amend an Act for	ccxcv

Vict c 10 An Act to extend the Jurisdiction and improve	cccxii

FORMS RELATING TO THE OWNERSHIP REGISTRY SALE	cccxxiii

Declaration of Ownership by Individual cccxxivvrii	cccxxix

Certificate of British Registry cccxxxy	cccxxxvi

Mortgage to secure principal and Interest cccxliiiv	cccxlii

Mortgage to secure Account Current cccxlviviji	cccl

Declaration by Mortgagee taking by Transmission	ccclvi

Regulations for maintaining Discipline sanctioned by the Board	ccclxii

of the Merchant Shipping Act Amendment Act 1862	ccclxviii

Rules concerning Fog Signals 10 Fog signals Steering and Sailing Rules ITS 1 11 Two sailing ships meeting 12 Two sailing ships crossing 13 Two sh...	ccclxxii

Sailing ship and ship ander steam 16 Ships under steam to slacken speed 17 Vessels overtaking other vessels 18 Construction of Articles 12 14	ccclxxiv

Diagrams appended to Regulations	ccclxxvi

When under One Hundred Days	ccclxxxii

List of Surgical and Midwifery Instruments which the Surgeon	ccclxxxiii

MISCELLANEOUS	ccclxxxix

Form of a Bottomry Bond	cccxcv

Ship Protest in Consequence of a Loss by Collision cccci	cdi

Ships Content 16 17 Vict c 107 s 142 ccccvii	cdvii

INDEX	cdxiii

Provisions of the 7 Geo 2 c 15 349	cdxxxix

Muita painoksia - Näytä kaikki

A Treatise of the Law Relative to Merchant Ships and Seamen
Charles Abbott (Baron Tenterden)
Koko teos - 1867

A Treatise on the Law Relative to Merchant Ships and Seamen: In Four Parts ...
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Charles 1st Baron Tenterden Abbott, 17,Sir William Shee, 1804-1868
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Yleiset termit ja lausekkeet

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

Suositut otteet

Sivu 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.

Näkyy 243 teoksessa alkaen 1829-2007

Sivu 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.

Näkyy 551 teoksessa alkaen 1812-2006

Sivu 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...

Näkyy 130 teoksessa alkaen 1832-1993

Sivu 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.

Näkyy 177 teoksessa alkaen 1809-2000

Sivu 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...

Näkyy 112 teoksessa alkaen 1832-2001

Sivu 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.

Näkyy 280 teoksessa alkaen 1832-2005

Sivu 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...

Näkyy 203 teoksessa alkaen 1832-2005

Sivu ci - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...

Näkyy 344 teoksessa alkaen 1832-2008

Sivu 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.

Näkyy 190 teoksessa alkaen 1829-2001

Sivu 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.

Näkyy 101 teoksessa alkaen 1830-2003

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Otsikko	A Treatise of the Law Relative to Merchant Ships and Seamen
Kirjoittaja	Charles Abbott (Baron Tenterden)
Toimittaja	William Shee
Painos	11
Kustantaja	Shaw and sons, 1867
Alkuperäisteoksen sijainti	the University of Virginia
Digitoitu	4. joulukuu 2007
Pituus	638 sivua

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