 I understand to be that, inasmuch as every proceeding in rem is in substance a proceeding against the owner of the ship, a proper maritime lien must have its root in his personal liability.  Lloyd's List Law Reports - Side 3061923Uten tilgangsbegrensning - Om denne boken
 | 1896 - 1448 sider
...v. Oastlegate Steamship Company,1 where the true doctrine is laid down by Lord Watson to the effect that " inasmuch as every proceeding in rem is in substance...lien must have its root in his personal liability." It follows that if another ship has been injured by reason of the negligence or want of skill of those... | |
 | 1906 - 1118 sider
...of public policy, constitutes an exception from the general principle of the maritime law, which is that. Inasmuch as every proceeding in rem Is, in substance,...against the owner of the ship, a proper maritime lien inust have Its right In his personal liability. Morgan v. Castlegate 8. S. Co. [1893] AC 38. A master... | |
 | 1928 - 848 sider
...has been the origin and true meaning of the lien that it was possible for a judge to say, in 1893, that, inasmuch as every proceeding in rem is in substance...lien must have its root in his personal liability. It is obvious how fundamental a departure this is from the law as it originally stood and from the... | |
 | Canada. Exchequer Court - 1904 - 526 sider
...exception from the general principle of " the maritime law, which I understand to be that, in" asmuch as every proceeding in rem is in substance a " proceeding..." maritime lien must have its root in his personal lia-" " bility. It was argued that the case of lien for dam" ages by collision furnishes another exception... | |
 | 1896 - 912 sider
...Lords in Morgan \. " The Castlegate," where the new doctrine is laid down by Lord Watson to the effect that "inasmuch as every proceeding in rem is in substance...lien must have its root in his personal liability." It follows that if another ship has been injured by reason of the negligence or want of skill of those... | |
 | Naval War College (U.S.) - 1925 - 246 sider
...of her then owner, as if she was in charge of a compulsory pilot." In The Castlegate 77 Lord Watson stated the principle of the maritime law to be that...proceeding in rem is in substance a proceeding against the « 2 Asp. MLC 475. » 6 PD 197, 218. i' [1897] P. 226. " [1893] AC 38, 52. " Swa. 215. 'i [1893] A... | |
 | Robert Dorsey Watkins - 1927 - 240 sider
...or enforced for the wrongdoing of his ship. 9 The theory now accepted in England, however, is that " every proceeding in rem is in substance a proceeding against the owner of the ship," so that no maritime lien can arise unless there is some personal liability of the owner. 10 The owners... | |
 | 1927 - 622 sider
...or enforced for the wrongdoing of his ship.9 The theory now accepted in England, however, is that " every proceeding in rem is in substance a proceeding against the owner of the ship," so that no maritime lien can arise unless there is some personal liability of the owner.10 The owners... | |
 | Great Britain. Courts - 1926 - 638 sider
...The Castlegate (7 Asp. Mar. Law Cas. 284,atp.288; 68 LT Rep. 99, at p. 103; (1893) AC 52) Lord Watson stated the principle of the maritime law to be that...liability. He then refers to damage actions (The Lemington (sup.) and The Ticonderoga (sup.), had been cited) and says : " It was argued that the case of lien... | |
 | 1923 - 248 sider
...226. " [1893] AC 38, 52. " Swa. 215. " [1893] AC 492, 497, 499. •< 13 PD 110. " 2 Asp. MLC 475, 478. owner of the ship a proper maritime lien must have...damage actions ( The Lemington °" and The Ticonderoga 73 had been cited) and says: "It was argued that the case of lien for damages by collision furnishes... | |
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