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A Digest of Decisions in Scottish Shipping Cases: 1865-90; With Notes ...
William George Black
No preview available - 2018
accident agents amount arrested arrived bill of lading Board of Trade bottomry bottomry bond broker captain cargo caused charter-party charterer's charterers circumstances claim coal collision consignee construction contract Court of Session crew damages dead freight decided decision defenders delivered delivery demurrage Dunluce Castle engines entitled fault Glasgow Grangemouth Greenock Harbour Trustees House of Lords indorsees injury judgment July June June 20 Leith liable lien loading Lord Advocate Lord Esher Lord Ordinary Lord President Inglis Lord Shand Lord Young Lordship M'Lean marine master ment Merchant Shipping Act obligation onus opinion owners parties payment perils person pilot port of discharge pursuer question raised an action referred registered repairs river sailing salvage services salving salvors Scotland Scottish Scrutton Second Division Session held ship's husband shipbuilders shipowners shippers steamer Steamship stipulated tion tons towage underwriters unloading vessel voyage
Page 184 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 97 - 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.
Page 141 - 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.
Page 137 - ... goods, merchandise, or other things, to an aggregate amount exceeding fifteen pounds for each ton of their ship's tonnage ; nor in respect of loss or damage to ships, goods, merchandise, or other things, whether there be in addition loss of life or personal injury or not, to an aggregate amount exceeding eight pounds for each ton of the ship's tonnage...
Page 68 - ... that ship, or that ship's room, unless something be stipulated which should prevent it, that the ship shall be fit for •** its purpose. That is generally expressed by saying that it shall be seaworthy ; and I think also in marine contracts, contracts for sea carriage, that is what is properly called a 'warranty,' not merely that they should do their best to make the ship fit, but that the ship should really be fit.
Page 117 - That in the event of loss of time from deficiency of men or stores, breakdown of^machinery, stranding, or damage preventing the working of the Vessel for more than twenty-four consecutive hours, the payment of hire shall cease until she be again in an efficient state to resume her service...
Page 93 - ... by fire from any cause or wheresoever occurring; by barratry of the master or crew, by enemies, pirates, or robbers, by arrest and restraint of princes, rulers, or people...
Page 93 - ... provided such loss or damage has not resulted from want of due diligence by the owners of the ship, or any of them, or by the manager.
Page 185 - ... recover the amount of his interest in the goods under the policy. If the non-delivery is in consequence of some misconduct on the part of the master or mariners, not covered by the policy, he will recover it from the shipowner. In substance, therefore, the consignee pays, though in a different manner, the same price as if the goods had been bought and shipped to him in the ordinary way.
Page 68 - I do not desire to point to any technical meaning of the term, but to express that the ship should be in a condition to encounter whatever perils of the sea a ship of that kind, and laden in that way, may be fairly expected to encounter in crossing the Atlantic.