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" ... of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulation necessary. "
A Handbook on the Law of Shipping and Marine Insurance - Page 81
by John Robb Baxter Bruce, Reginald Cobden Broomfield - 1898 - 200 pages
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1866 - 932 pages
...1854; and a collision occasioned by non-observance of such rules is, by section 299. of that act, to be deemed to have been occasioned " by the wilful default of the person in cliarge " of the offending ship. 'f/te Judge told the jury that if (he collision was brouglii about...
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Anno decimo septimo et decimo octavo Victoriae reginae Magnae Britanniae et ...

Great Britain - 1854 - 378 pages
...• i ri imply wil;.ul "Otn tiie iNon-observance oy any Ship ol any ol the said Rutes, Default. such Damage shall be deemed to have been occasioned by the wilful Default of ! he Person in charge of the Deck of such Ship at the Time, unless it is shown. to the Satisfaction...
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Reports of Cases Decided in the High Court of Admiralty of England: And on ...

Maurice Charles Merttins Swabey, Great Britain. High Court of Admiralty - Admiralty - 1860 - 588 pages
...arises from the wiifui default non-observance by any ship of any of the said rules, such damage -uu shall be deemed to have been occasioned by the wilful default of owners were the person in charge of the deck." Certainly this is a proposition "°1tjdmble1' °^iof...
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The British Tariff

1862 - 510 pages
...case damage to person or property arises from the non-observance of the said rules by any ship, such damage shall be deemed to have been occasioned by...wilful default of the person in charge of the deck at the time, unless it is shown that circumstances made a departure from the rule necessary. — S....
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A Treatise on the Law of Merchant Shipping

David Maclachlan - Maritime law - 1860 - 1046 pages
...non-observance by any ship of any regulation made by or imply wilful in pursuance of this Act, such o alter or interfere with the Act of the thirteenth year of Her present Majesty, chapter ninety charge. the deck of such ship at the time, unless it is shown to the satisfaction of the Court that...
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The Ocean, the River, and the Shore: Navigation, Part 1

John William Willcock, Athelstane Willcock - International law - 1863 - 488 pages
...arises from the non-observance by any ship of any regulation made by or in pursuance of the Act, such damage shall be deemed to have been occasioned by...wilful default of the person in charge of the deck at the time, unless it is shown that circumstances made a departure from the regulation necessary....
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The Ocean, the River, and the Shore: Navigation, Part 1

John William Willcock, Athelstane Willcock - International law - 1863 - 492 pages
...arises from the non-observance by any ship of any regulation made by or in pursuance of the Act, such damage shall be deemed to have been occasioned by...wilful default of the person in charge of the deck at the time, unless it is shown that circumstances made a departure from the regulation necessary....
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Statutes of the Province of Canada

Canada - Law - 1864 - 710 pages
...non-oi, er- non-observance by any vessel or raft of any of the rules pres' cribed by this Act, such damage shall be deemed to have been occasioned by the wilful default of the person in charge of such raft, or of the deck of such vessel at the time, unless the contrary be proved, or it be shown...
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A Digest of Maritime Law Cases, from 1837 to 1860

Arthur Young - Maritime law - 1865 - 298 pages
...provide* that a loss arrising from the non-observance by a ship of the rules laid down by the Act, shall be deemed to have been occasioned by the wilful default of the person in charge of the deck, does not render a breach of the rules barratry unless it was intentional : (Grill v, General Iron Screw...
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English Reports Annotated, 1866-1900, Volume 2, Part 1

Maxwell Alexander Robertson - Law reports, digests, etc - 1866 - 1190 pages
...104),1 by which a collision occasioned by non-observance by any ship of the rules there laid down is to be deemed to have been occasioned by the wilful default of the person in charge of such ship. The learned Judge reserved this last point, and he left the jury the question whether there...
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