A Treatise of the Law Relative to Merchant Ships and Seamen

Front Cover
Shaw and Sons, 1867 - Maritime law - 638 pages
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Contents

The Time at which Payment is to be made
493
Of the Wages payable in cases of Capture and Recapture
499
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 SALVAGE 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
CHAPTER IV
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
ccxxv
Geo 4 c 94 An Act to alter and amend an Act for
ccxcv
Trade of British Possessions abroad
ccciii
Vict c 10 An Act to extend the Jurisdiction and improve
cccxii
FORMS RELATING TO THE OWNERSHIP REGISTRY SALE
cccxxiii
Declaration by Joint Owners or Transferees attending together
cccxxix
Certificate of British Registry
cccxxxv
Mortgage to secure principal and Interest cccxliiiv
cccxlii
Certificate of Mortgage
cccl
Declaration by Mortgagee taking by Transmission
ccclvi
Regulations for maintaining Discipline sanctioned by the Board
ccclxii
Scale of Medicines and Medical Stores suitable to Accidents
ccclxiv
Diagrams appended to Regulations
ccclxxvi
When under One Hundred Days
ccclxxxii
Boat Scale
ccclxxxiv
Agreement to build a Ship and for Payment of Price
cccxc
Form of a Bottomry Bill
cccxcvi
Protest by the Master of a Vessel for Demurrage payable
cdiv
Average Agreement ccccix
cdxv

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Page lxx - 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.
Page 609 - 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.
Page xlv - 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...
Page 219 - 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.
Page xxvi - ... 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...
Page 295 - ... 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.
Page 281 - ... 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...
Page cxxxi - ... on the trial of any issue joined or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 304 - 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 320 - ... 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.

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