A Treatise on the Jurisdiction of the High Court of Admiralty of EnglandW. Benning & Company, 1847 - 301 sider |
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Side 23
... suit before the admiral for freight , or mariners ' wages , or for the breach of charter - parties for voyages to be made beyond the sea , though the charter - parties CHAP . I. happen to be made within the realm C 4 ITS ANTIQUITY . 23.
... suit before the admiral for freight , or mariners ' wages , or for the breach of charter - parties for voyages to be made beyond the sea , though the charter - parties CHAP . I. happen to be made within the realm C 4 ITS ANTIQUITY . 23.
Side 29
... freight , & c . , are liable , the Ad- miralty Court can by the exercise of its authority over such subject , afford a prompt and direct relief - secure to the plaintiff , for the proceeding is against the ship itself , which is , as it ...
... freight , & c . , are liable , the Ad- miralty Court can by the exercise of its authority over such subject , afford a prompt and direct relief - secure to the plaintiff , for the proceeding is against the ship itself , which is , as it ...
Side 34
... freight out their vessel to sea , if even the minority dissent . Although the exercise of the Admiralty Jurisdiction in disputes among part - owners of ships was doubted in earlier times by the Courts at Westminster as an undue ...
... freight out their vessel to sea , if even the minority dissent . Although the exercise of the Admiralty Jurisdiction in disputes among part - owners of ships was doubted in earlier times by the Courts at Westminster as an undue ...
Side 48
... freight as well as to the ship , for otherwise the amount of the proceeds of the ship itself could never be determined . * But it appears that the freight must be under the control of the Court , in the ordinary course of its ...
... freight as well as to the ship , for otherwise the amount of the proceeds of the ship itself could never be determined . * But it appears that the freight must be under the control of the Court , in the ordinary course of its ...
Side 49
... freight , and that as regards the freight it was a principal action . The Court held that there was a material distinction be- tween a case where the freight was under the juris- diction and control of the Court , in its ordinary course ...
... freight , and that as regards the freight it was a principal action . The Court held that there was a material distinction be- tween a case where the freight was under the juris- diction and control of the Court , in its ordinary course ...
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A Treatise on the Jurisdiction of the High Court of Admiralty of England Edwin Edwards Ingen forhåndsvisning tilgjengelig - 2016 |
A Treatise on the Jurisdiction of the High Court of Admiralty of England Edwin Edwards Ingen forhåndsvisning tilgjengelig - 2019 |
Vanlige uttrykk og setninger
Admi Admiralty Court Admiralty jurisdiction aforesaid agreement appears applied arrest authority award bail bottomry bond British captors ceeds CHAP charter-party claim common law condemned contract Court of Admiralty courts of common Crown damage decided decree diction Dodson's Admiralty Reports droits of Admiralty enacted enforce entertain entitled equitable exercise foreign port foreign ship given granted Haggard's Admiralty Reports held High Court high seas hypothecation insolvent instance interest juris justice king King's Bench law of nations liable lien Lord Mansfield Lord Stowell Lord Tenterden Majesty's mariner maritime law master material-men miralty monition mortgagee nature necessary Oleron owners paid part-owners parties payment personal credit pirates present learned Judge principle Prize Court proceeding proceeds prohibition question ralty reason registrar rendered respect Robinson's Admiralty Reports rule salvage salvors seamen ship and cargo ship or vessel statute suit taken thereof tion transaction Vice Admiralty Court voyage wages
Populære avsnitt
Side 162 - Necessaries supplied to any Foreign Ship or Sea-going Vessel, and to enforce the Payment thereof, whether such Ship or Vessel may have been within the Body of a County, or upon the High Seas, at the Time when the Services were rendered or Damage received, or Necessaries furnished, in respect of which such Claim is made.
Side 239 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations; but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Side 110 - ... necessaries supplied to any foreign ship or sea-going vessel, and to enforce the payment thereof, whether such ship or vessel may have been within the body of a county, or upon the high seas, at the time when the services were rendered or damage received, or necessaries furnished, in respect of which such claim is made.
Side 140 - No seaman shall by any agreement forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled ; and every stipulation in any agreement inconsistent with any provision of this act, and every stipulation by which any seaman...
Side 242 - ... courts if required to enforce an Act of Parliament which contradicted those principles is a question which I presume they would not entertain a priori; because they will not entertain a priori the supposition that any such will arise. In like manner, this court will not let itself loose into speculations as to what would be its duty under such an emergency; because it cannot, without extreme indecency, presume that any such emergency will happen; and it is the less disposed to entertain them,...
Side 266 - ... required, to make, if need be, a special report to the court touching such examination, and the conduct or absence of any witness or other person thereon or relating thereto...
Side 245 - The slave trade has gince been totally abolished by this country, and our legislature has pronounced it to be contrary to the principles of justice and humanity. Whatever we might think as individuals before, we could not, sitting as judges in a British Court of justice, regard the trade in that light while our own laws permitted it. But we can now assert that this trade cannot, abstractedly speaking, have a legitimate existence. " When I say abstractedly speaking...
Side 273 - ... commissioners of her majesty's treasury of the united kingdom of Great Britain and Ireland, or any three of them...
Side 236 - Simple or particular average is not a very accurate expression, for it means damage incurred by, or for, one part of the concern, which that part must bear alone ; so that in fact it is no average at all, but still the expression is sufficiently understood, and received into familiar use.
Side 261 - With respect to the parties liable to pay salvage, and the interest in respect of which it is payable, the rule is, that the property actually benefited is alone chargeable with the salvage recovered.