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according action Aillaud alleged appeal average adjuster ballast tank baye St Bombay cargo Certiorari charter-party circumstances Civil Status claim Code Civil Collector of Customs Colombo Colonial consent contempt of Court contract conviction counsel COURTS OF MAURITIUS Crown Custom House DECISIONS defendants Desjardins District Court District Magistrate enacts English law Esnouf evidence fact favour free water freight Gazette geometriques Government Honor Oliver inches above water insured island J. L. Skolfield judgment Kail keel list to port load line Magistrate marriage MAURITIUS 1899 ment Messrs mise en demeure moral damage mortgage Nalletamby Narainsamy notice offence officers OLIVER SMITH opinion Ordinance overloading party petitioner plaintiff Port Louis port side possession proceedings prosecutor proved Puisne Judge pumped question respondent Rose-Hill Sauzier seaworthy September 1896 Serret ship starboard stowage stowed Supreme Court Taif tion tobacco tons topheavy unseaworthy Vict Vitry voyage weighing witnesses
Page 44 - When an order has been made for winding up a company under this act, no suit, action or other proceeding shall be proceeded with or commenced against the company, except with the leave of the court, and subject to such terms as the court may impose.
Page 27 - After the hearing and determination by a justice or justices of the peace of any information or complaint which he or they have power to determine in a summary way, by any law now in force or hereafter to be made, either party to the proceeding before the said justice or justices may, if dissatisfied with the said determination as being erroneous in point of law, apply in writing within three days after the same to the said justice or justices, to state and sign a case, setting forth...
Page 55 - Tout fait quelconque de l'homme, qui cause à autrui un dommage, oblige celui par la faute duquel il est arrivé, à le réparer. » Art. 1383. : « Chacun est responsable du dommage qu'il a causé non seulement par son fait, mais encore par sa négligence ou par son imprudence.
Page 25 - ... value of all her future earnings, so long as she can be used as a ship, after deduction of her working expenses; to which must be added, the present value of the sum for which she may eventually be sold to be broken up. But, as the data for such a calculation do not exist, we have to adopt other tests, in the way of approximation. One such test is the value in the market, which represents the current opinions of shipowners on the point.
Page 58 - Le débiteur est condamné, s'il ya lieu, au paiement de dommages et intérêts, soit à raison de l'inexécution de l'obligation, soit à raison du retard dans l'exécution, toutes les fois qu'il ne justifie pas que l'inexécution provient d'une cause étrangère qui ne peut lui être imputée, encore qu'il n'y ait aucune mauvaise foi de sa part.
Page 24 - The contribution to a general average shall be made upon the actual values of the property at the termination of the adventure, to which shall be added the amount made good as general average for property sacrificed ; deduction being made from the shipowner's freight and...
Page 25 - ... real value. In the case of ships of a peculiar build, or exceptional size, or having qualities which specially adapt them to some one limited trade, the value in the market may not come near to the real value. In such a case it may be necessary to take account of the first cost; to make a deduction for age and wear and tear; to allow, likewise, for changes that may have taken place, since...
Page 25 - ... since the ship was built, in the cost of materials or the price of labour, or for later improvements in construction which may diminish her relative value. In short, no inflexible rule can be laid down beyond this : the principle is, the ship is to be valued at that sum for which the owner as a reasonable man would be willing to sell her : and this sum must be ascertained by the adjuster as well as he can (a).
Page 74 - The son who has not attained the full age of 25 years, the daughter who has not attained the full age of 21 years, cannot contract marriage without the consent of their father and mother; in case of disagreement, the consent of the father is sufficient.
Page 23 - When a mortgagee takes possession he becomes the master or owner of the ship, and his position is simply this: from that time everything which represents the earnings of the ship, which had not been paid before, must be paid to the person who then is the owner, who is in possession.